This is out of curiosity, not something I have done!
I understand that a section 21 notice can be invalid if the landlord hasn’t complied with certain things, iE gas safe cert, epc, how to rent guide etc etc. if a landlord had charged fees, could they issue a section 21 if they refunded the money before hand?
What options does the landlord have to evict if they havent been compliant, surely there still has to be a method to evict? Section 8? What if they have not provided epc or prescribed info?
Charging a prohibited fee doesnt affect s21. Neither does the lack of an EICR certificate. The prescribed requirements for s21 are very specific, although they are quite extensive. Some compliance errors can be solved in order to use s21. Most documents can be served late. Unprotected deposits can be repaid. Property repairs can be completed in cases of “revenge eviction”. These will then allow s21 to be used.
S8 notices require a reason for eviction and the system is in serious need overhaul.
Realised we have been fully compliant with getting gas safety and EPC certificates however have not been presenting the copies to our tenant. She has build up almost 12 months’ rent arrears in her 2 year tenancy (during Covid we were sympathetic but now reached to a point now that we lost all our hopes that we will ever recover the rent arrears. She is still underpaying her rent, and some months doesn’t pa at all. So my question is can I now serve her a Section 8 / 21 together. Should I be worried for not providing copies of the gas and electric certificates? How can she actually prove that I didn’t give her copies for example?
As long as you give them before you serve the S21 you should be fine. ( June 2020 Court of Appeal ruling)
Suppose she can’t prove you didn’t give them, just your word against hers.