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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 29202
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I own a rental property in Nuneaton which has had the same

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I own a rental property in Nuneaton which has had the same tenant in place for approximately five years now. This has been managed through an annual (12 months) assured short term tenancy agreement. This written agreement was due for renewal in June 2020, however since the tenant was sheltering due to coronavirus I agreed not to visit until things were safer. As a result the agreement renewal was not completed. I was not unduly concerned about this since I believed the tenant to be very reliable.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, I was about to draw up a new 12 month agreement, however due to a family crisis brought about by coronavirus, I may now have to sell the property. My question is how much notice do I need to give the tenant ?
JA: Have you talked to a lawyer about this?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. May I confirm for the avoidance of doubt, is the last tenancy agreement was entered into around June 2019 for 12 month term and has now expired please or is the last tenancy agreement that was entered into dated a different date?
  2. May I also confirm that whenever the last tenancy agreement was entered into, you provided the tenant with a copy of the property's energy performance certificates, the governments how to rent booklet in force at the time of the granting of that last tenancy agreement, provided the tenant with prescribed information in relation to their deposit protection and protected that deposit originally within 30 days of receipt and finally, if applicable, have provided the tenant with a current gas safety certificate?
Customer: replied 12 days ago.
1. Yes, the last agreement was dated June 2019 and expired June 2020.
2. Yes to all and I understand that the Deposit protection agency/service also send this information to the tenant.
Customer: replied 12 days ago.
P.s. not sure about the energy performance certificates.

thank you. If you wish to give the tenant notice, you will need to provide them with a statutory section 21 notice in the form 6A:

https://www.gov.uk/guidance/assured-tenancy-forms#form-6a

prior to serrving the form, you will need to ensure that all of the above documents were provided to the tenant and you have evidence in this respect. From what you say, all those documents but potentially the energy performance certificate have been provided and so long as you are satisfied that you have evidence of this, you can rely upon that evidence. If you cannot find evidence that any one or more of those documents were given, in particular for example you mentioned the energy performance certificate, you should ensure that any of those documents to which you cannot find evidence our resent at least one day before any eviction notices served (not on the same day).

normally you need to give two months notice under section 21 notice but this was increased to 6 months under the coronavirus regulations but as of the start of this month, that notice period has been reduced to 4 months. Accordingly, as things stand, the notice period you are required to give under the section 21 notice is four months notice. There we've already got over the other document requirements that need to be sent before the section 21 notice is served, I would reiterate the consequence of failing to be able to evidence that you have given all of those documents to the tenant is that the section 21 notice will be deemed invalid in any court proceedings meaning you may have to start all over again serving a fresh notice so it is well worth crossing T's and dotting eyes respect of each of those documents before serving any notice

Customer: replied 12 days ago.
Thanks for your advice. Can I confirm that email or electronic confirmation of receipt of information is acceptable

in terms of the documents that need to be served as a pre-requisite for the notice, providing you obtain acknowledgement by email from the tenant of receipt, email is acceptable. If the tenant is unlikely to provide acknowledgement, then it would be sensible to also send these by post retaining evidence of postage

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