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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7678
Experience:  Solicitor
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I moved into my rented property 6 months ago. my landlord

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I moved into my rented property 6 months ago. my landlord gave me a how to rent guide and a gas safety certificate. He did not give me a EPC at the start of the tenancy (said he didn't realise he had to.) He wants to serve me with section 21 (needs property for family) 6 months down the road he has now given me a EPC as he has now realised he cannot serve a section 21 without this. I am totally up to date with my rent and did not have to give a deposit. Is my landlord still able to evict me (if so how can he do this?) or if I keep paying the rent on time I am in control of how long I want to stay. (years)

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Just to be clear he has now given you an EPC and new section 21 notice?

Customer: replied 3 months ago.
Before serving me a section 21 on form 6a He gave me a Epc

Ok - I assume you are outside your initial fixed period of tenancy?

Customer: replied 3 months ago.
That is correct

Thanks, it I am sorry it is not going to be the answer you want.

The problem is the section 21 is served after the EPC. It is therefore valid. If the s.21 was posted before the EPC it would not be valid.

But as it has been served after the EPC then it is valid.

As such the landlord is entitled to give you two months notice. Because this is an Assured Shothold Tenancy then there is nothing you can do to prevent it.

If you pay notice on 5th if the month and notice was served on 3rd April then it’s valid from 5th April and you have to be out by 5th June. If notice was served on say 7th April it would take effect from 5th May need to be out by 5th July.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clairfy anything for you about this today please?

Customer: replied 3 months ago.
Hi Jamie I've done a little bit of research so yes there is some clarification that I need please.
According to The Energy Performance of Buildings (England and Wales) Regulations 2012
Section 6 paragraph (2) (a) and (b) it states that
The relevant person shall make available free of charge a valid energy performance Certificate to any prospective buyer or tenant-
(a) at the earliest opportunity; and
(b) in any event no later than which ever is the earlier of-
(i) in the case of a person who requests information about the building, the time at which the relevant person first makes available any information in writing about the building to he person; or
(ii) in the case of a person who makes a request to view the building, the time at which the person views the building.
My interpretation of the regulation stated for my present situation is that, the landlord should have given me an EPC at the earliest opportunity which was when I viewed the property or in any case when he gave me the `How To Rent' Guide, the Tenancy Agreement and the Gas Safety Certificate. Therefor would I be correct in assuming that the Landlord cannot serve a section 21 because the Regulation was not met.
Customer: replied 3 months ago.
I have a friend whom is in the exact same situation as myself at this present time. (albeit with a different council. Her property is in Solihull and mine is in Birmingham. Her situation is further along. She has been served with a section 21. like myself she is totally up to date with the rent. She took this notice to the council and the council have advised her that the "Section 21 Notice that was served IS NOT VALID because the EPC was NOT ISSUED AT THE BEGINING OF THE TENANCY AS IS REQUIRED"

That is wrong. Once the EPC is supplied, then they can serve a S.21 notice.

The S.21 is only valid once all errors have been corrected.

Otherwise, a tenant could refuse to move, ever and the landlord could do nothing about. Clearly, that is not the intention of the law.

Your friend is mistaken.

Does that clarify?

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