This was really stupid of me, but a so called friend has been renting my house since Oct 19 and I didn’t have an EPC in place until Oct 21. I now want to sell my house and she is basically refusing to leave. I have served a section 21 notice and her move out date is 9/04/22.
Does anyone know how I stand with this when starting the repossession order. I guess I could/will be fined for not having it in place, but can I still file the possession order?
The current EPC, gas safety cert and how to rent guide were with the S21 notice when served on her.
The critical document, (so far) is the gas safety cert, where you have to have one in place before the tenant moves in or you can probably never serve a valid s21 notice. Its possible that a court will rule simllar for EPC, but that hasn’t happened yet. As things stand as long as the GSC was in place before tenancy, you can serve all the required docs late, but crucially BEFORE the s21 notice, not at the same time. So it sounds like your s21 is invalid and you will need to reserve it.
You can check the validity here: Section 21 flowchart - Nearly Legal: Housing Law News and Comment
Thanks for the link - very helpful