Updating post from Reddit.
Hi everyone. Need some assistance. Our Tennants contract has expired however they are refusing to leave as they say they are unable to find a new house (family of 7). We have done all we can to help but ended up serving them a section 21 notice of possession which has now expired.
We are now applying for an accelerated possession order however we have noticed that it asks us to confirm we supplied our tennant with a gas certificate, EPC etc. We had this done when required but we never gave it to the tennant as we weren't aware we had to. Does anyone know if this means we are unable to apply? Has anyone also been in this situation? Please help.
Thank you
You need to provide copies of the gas certificate and epc etc for pretty much anything to be valid, even the section 21 would have been invalid if the tenants did not have copies of these.
You need to start again….issuing all correct documents and a new section 21. The section 21 is a request to leave after 2 months, only after this date can you start the court proceedings.
I hope you have put their deposit into a suitable scheme within 14 days of the tenancy start day and provided them with all the details of this as well or you’ll be in for another shock.
Thanks. Yes the deposit has been in a secure govt website.
You haven't yet served them with a (valid) s21 notice. Start by sorting that out.
Did you give tenants how to rent guide at the start of tenancy?
No we didn’t, we weren’t aware of this
As part of the deposit registration,it is required you send them this, it comes as automatic as part of the process
Seems like you have a lot of reading to do and paperwork to sort to get anywhere with this. Might be worth seeking legals on this as all these things are the basics of being a landlord makes you think what else have you missed doing. It's even in the how to rent guide I believe a simple checklist on what you and the tenant should expect for each other.
You also could offer cash for keys, I don't think it would count as an eviction - just make sure they are moved out before paying, and they sign paperwork so you can clear the property.
The section 21 notice is invalid. Start again and serve ALL the required documents before you issue a new notice.
Did you have the gas certified through out the tenancy? No gaps. If you have any periods during the tenancy where the gas certification was lapsed without evidence the tenant delayed the work the use of s21 may be barred.
Also the gas engineer may have given the tenants a copy, British Gas did mine and I get copies and they leave one with the tenants.