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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 14855
Experience:  Solicitor
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I needs advise, London E16, tenant doe not give access for

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Hello pearl
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: i needs advise
JA: Where is the property located?
Customer: London E16
JA: Anything else you want the lawyer to know before I connect you?
Customer: tenant doe not give access for us to carry out a new EPC
Customer: replied 7 months ago.
I have sent out a section 21 notice and then finding out from the tenant the section 21 is void as the EPC has expired
Customer: replied 7 months ago.
tried to get access for the property for us to carry out a new EPC but the tenant is not giving access and also 2 months rent arrears
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 7 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Was the EPC valid when the tenancy was granted?

Customer: replied 7 months ago.
The EPC was valid in the first tenancy but when we arranged a renewal for another term it wasn’t.

Oh I see. That explains it then. It doesn’t stop you issuing a section 8 notice for the arrears only a section 21.

So you can issue a section8 notice for arrears.

That should resolve it.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 7 months ago.
Is section 8 the only way?

If access is being denied you would need to get an injunction.

That is the other way.

Those are the only two real options.

Does that clarify?

Customer: replied 7 months ago.
Thanks for your reply. What sort of injunction? Please clarify. Thank you.

An injunction to carry out the EPC. I assume your tenancy agreement has an 'allow access' clause.

Therefore its an injunction to make the tenant give access.

Does that assist?

Customer: replied 7 months ago.
Please see attached tenancy contract and advise

25. Access and Inspection of the Property - The Tenant agrees to allow the Landlord, the Landlord’s Agent or any other person authorised by the Landlord to enter the Property at all reasonable times of the day by giving the Tenant 24 hours’ notice, to visit and examine the condition of the Property and to carry out any repairs, maintenance, alterations or replace the Fixtures and Fittings for the purpose of complying with any obligations imposed on the Landlord by law.

That is the clause.

Does that clairfy?

Customer: replied 7 months ago.
Thank you. how do i get an injunction order out?
Customer: replied 7 months ago.
what do you recommend section 8 or an injunction order?

I would do S.8 as it costs less.

Does that assist?

Customer: replied 7 months ago.
what do i need for a section 8? do i need anything particular?

No, just find a template online.

Does that help?

Customer: replied 7 months ago.
the last rent payment was made on the 7th May 2019
Customer: replied 7 months ago.
based on this i believe section 8 wont be valid
Customer: replied 7 months ago.
please advise
Customer: replied 7 months ago.
Current rent arrears:
29/04/2019 - 28/05/2019: £1250.00
9/05/2019 - 28/06/2019: £1250.00
Customer: replied 7 months ago.
last payment of £1250.00 was made on the 7th May 2019 which covered the period of 29/03/2019 - 28/04/2019

You said he was two months in arrears. If he is then you can issue a s.8

Does that clarify?

Customer: replied 7 months ago.
the tenant is on 2 month arrears as per info above. the last payment was made on the 7th May 2019 which covers the period 29/03/2019 to 28/04/2019. Can i still enforce section 8?

If the tenant owes two months rent then yes.

So yes it sounds like you can because rent is payable in advance.

Does that assist?

Customer: replied 7 months ago.
what ground do you think i can use to enforce section 8? shall i use access denied and rent arrears?

Rent arrears Best option. But you can do both.

Does that help.

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