OpenRent Community

Section 21 help!

Hi, I’m wanting to sell my rental house as needing to pay my ex partner out of our joint house. I know I need to give a section 21 and 6 months notice. I’ve printed the form 6a out and filled it in however it says 'your landlord can not serve you with this section 21 if they havn’t done the following: tenancy deposit scheme - done
Gas safety cert - done
Energy performance cert - not sure if I gave this
How to rent booklet - didn’t give
On the Gov website there is nothing further to say what to do if you didn’t do all of the above only a section 8 which she hasn’t broken the tenancy so I cant use.
I don’t know what to do! Obviously theres a chance she may not even read it but I think she will and it’s very short clear and concise and I’m worried she will seek legal action as I know she likes my house and would be happy staying there for the foreseeable.
Anyone have any ideas?
May I add I was 9 months pregnant when her tenancy started/ I moved to my new house I’d also worked upto my due date and everything was up in the air and rushed.

Hi
Nobody will care of your own circumstances
The law is the law
I would advise you to take legal advice
Serve all the documents by email today
Find the relevant how to rent version when her tenancy started and the current one
You may not get very far with a s21. That depends on the judge
Also I would advise a solicitor to do this right now as the paperwork is bonkers because of the pandemic
You need to be aware of the pandemic on the tenant and if they are in breathing space etc

As long as you provide the EPC and How to Rent Guide before you serve the S21 you are okay.
Shelters website said it is ‘unclear’ whether LL would need to serve the current edition of the How to Rent booklet or what was the current edition at the time the AST was granted. In view of this this I would guess you would serve both unless anyone on here knows differently. Serve by post unless your AST agreement says otherwise or your tenant has indicated they are happy to receive communications and information via email.

If you haven’t done those things on the list then it will fail in court anyway whether she reads them or not. Some of them can be fixed now and some may not be fixable with regard to s21. Have a look at this spreadsheet to check yours would be valid. If not then seek legal advice. Section 21 flowchart - Nearly Legal: Housing Law News and Comment

Hi Kelly

I am a tenant and do know that no matter wether she reads it or not is irrelevant as she may need to seek help from the council and it will be them that points out it’s invalid. I know this may seem sneaky but if your tenant is oblivious to what your situation is I would tell her you need to come round and update her things by law and I would take her the latest how to rent handbook and get her to sign a receipt for it to prove you’ve updated her. I don’t like underhand things like this really but even as a tenant I find the way landlords are shafted by all this new legislation is ridiculous when none is put on tenants themselves (like paying rent ring fenced by UC)
I hope you get it sorted out.

1 Like

Thanks everyone I have emailed her the latest how to rent guide and will email an EPC once I can get to the library to print it out and scan it.
Everything else has been done on the flow chart.
Thanks for your quick answers. Not giving her the section 21 until July as her tenancy doesnt end until January. Hopefully everything will go smoothly.

1 Like

Send her the relevant how to rent when she moved in

EPC can be dowloaded as PDF from the register
then just email the PDF
saves the hassle

The critical thing is whether a gas safety cert was done prior to the tenant moving in, (if applicable)