Can anyone clarify if a Section 21 Notice is invalidated if the Energy Performance Certificate that accompanies it has expired? In this case it was valid when the tenancy began but has since expired, being over 10 years old. Is this grounds to lawfully contest the Sect 21 Notice?
Hi Richard, I think this matter has not yet been settled definitively in binding court decision. I could be wrong, but here is Shelter’s writeup.
Giles, a leading expert on this kind of thing, said in a comment:
Giles Peaker on 05/09/2019 at 4:15 pm
Can’t see it falling out of date as affecting the position on a s.21 notice. As long as the tenant was given one, which was valid at the time.
I agree Giles but we all know that the law will always gear itself in favour of the tenant for any silly reason.