Hi, I used Open Rent to create my AST with my tenants. My tenants are currently 1 month in arrears and I’m researching the eviction process. They are not in a fixed period and so on a periodic tenancy. Question 1) If it went to court and I wasn’t able to provide evidence that I issued the tenants with the gas safety certificate BEFORE they moved in, will that case be dismissed? The property had a valid gas safety when they moved in, I just cant recall or find if I passed it on to the tenants. Does Open Rent pass this on when the tenancy is created and do they send them the How to Rent guide too?
Question 2) I had the annual gas safety certificate issued in March 2021, however last month works were done on the boiler and the engineer left an ‘at risk’ notice on the boiler as he was unable to inspect one of the flues that runs through a neighbouring property. I have made countless attempts to contact the neighbouring property but have been unsuccessful thus far. I have evidence of the attempts to contact them. I’m worried that either my section 8 or section 21 notice will be invalid if I do not have an up to date gas safety, or does it not matter if recent works have left the at risk notice and the gas safety from March is still valid?
Question 3) I have read the guides on this and various other websites that there are certain documents you need to issue along with your Section 21 or Section 8 notice. I understand to issue a section 21 you must have:
- Given the tenant a copy of an EPC (with a rating of E or higher if tenancy started or was renewed after 1st April 2018)
a valid gas safety certificate
the How to Rent booklet at the start of the tenancy
- Protected any tenancy deposit within 30 days of receiving the money
- Served the prescribed information about how you protected the deposit within 30 days of receiving the money
- All local and national licensing: e.g. an HMO licence or a local Selective Licensing
- You must also be the landlord/their agent
Do the exact same rules apply when issuing a section 8 notice?
Thank you kindly in advance.