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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 1132
Experience:  LLB (Hons)
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How can i end a tenancy tenancy? I have got the section 21

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how can i end a tenancy tenancy?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have got the section 21 form
JA: Where is the property located?
Customer: in Brixton/ Herne Hill, London
JA: Anything else you want the lawyer to know before I connect you?
Customer: the tenant has been there for 9 years. The last year the tenancy became periodic as we didn't know whether to sell.

Hi, I'm Lea

Do you hold a deposit for the tenant and is it protected in a government scheme?

Have you served all required documents under the law?

Customer: replied 4 months ago.
could you tell me exactly what documents I need to have
Customer: replied 4 months ago.
I prefer to communicate via message

They are documents you need to have provided to your tenant with each renewal of the tenancy.

E.g. gas safety certificate etc.

I take it you have not served any of these documents? Have you protected the deposit?

Customer: replied 4 months ago.
I have got the energy efficiency certificate and am about to get a gas safety certificate. I can't remember whether deposit is protected as the tenancy started 9 years ago

I am sorry to have to inform you that if you have not served the documents you are supposed to have served, and have not protected the deposit, you are not going to be able to serve a s21 notice.

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Customer: replied 4 months ago.
could you tell me what steps you recommend I take to end such a tenancy without certificates issued? Is it possible? What do you suggest?

Firstly you'll have to return the deposit in full, with no deductions. Bear in mind that doing so will allow you to serve a s21 notice, but it won't protect you from your tenant issuing proceedings to the court for your failure to protect it in the first place.

Secondly you must issue the gas safety certicate before you issue notice.

If you also renewed the tenancy after 1st October 2015, you must serve the government 'How to Rent' guide on your tenants.