Just after a little advice, I’ve just been issued a section 21 which is fine I was expecting this so no worries about that. However, when the agency the landlord used changed a few years ago they didn’t renew the shorthold tenancy agreement. So basically I’ve not had one in a few years. Also any issues and repairs haven’t been actioned in that time. (And there’s a lot!)
The agency has just emailed me the notices along with a gas safety certificate, tenancy agreement etc but all the dates are from 3-4 years ago!!!
I do want to make it as easy as possible but should I accept that agreement and sign it? I feel like they’re trying to pull one over me in some way! Prob me just worrying about nothing but any advice appreciated!
You are automatically on a Periodic Tenancy now so don’t know why they have found the need to back date an AST as the notice period for s S21 is six months anyway. I wouldn’t be signing anything back dated.
I would have thought it was illegal to be back dating things.
Have you had gas safety checks carried out throughout the tenancy?
Is the gas safety certificate the one that was in force at the start of your tenancy? If it is then they are now allowed to serve that to you late and its a pre-requisite of a valid s21 notice. If you are planning to leave at the end of the notice anyway then its all fine. As Mr_T says, you don’t need to sign anything now.
My guess from what you’ve said is that they’ve made at least one mistake with the s21 notice so if you find you get stuck close to the notice expiry, then come back for more support then.
Thanks, yes it is 6 months that’s been given but all I can say is every 6 months I used to sign a tenancy agreement, the last 3 years I haven’t signed one (obv that’s why they’ve sent me one now with the last date on it, also the end date to 2017! Lol. One thing I can say is they have always carried out the gas safety inspections, property inspections etc every 6 months to the book. But anything reported just wasn’t actioned.
Strangely enough they’ve just asked me to contact somebody to arrange a new gas safety check. Ill get that done as I say just want it done the right way. I think I won’t sign a new agreement it’s there fault they never re-issued it I guess, even though I constantly asked. Thanks MrT
Hi Dave, just checked the gas certificate they’ve sent me and it’s the one completed last August 2020. I’m going to get a new one arranged for next week anyway. But they’ve already dated my section 21 from the 04th of this month? Can they do that I only received all this info yesterday 6pm!
If the expiry date is 3rd or 4th August then the dates sound right. Did they serve you with a gas safety certificate when you first moved into the property?
Theoretically you can’t actually back date it. They have to have served the how to rent guide valid at the time ( if it was present) otherwise s21 is invalid.
You have a valid periodic so they can serve a s21. If you were served a gas cert (served in advance of contract), EPC, how to rent guide, and all the deposit documents in the 30 day time frame ( certificate, terms and conditions and prescribed info).
They should have served a gas cert annually every year
If the gas cert was not valid when the periodic came into force then it should have been renewed and served.
I would not bother signing the new agreement. They can serve a s21 on the periodic.
It’s been a while Dave but yes I do remember the documents were issued at the time of me moving in. And next week I’ll prob have a new gas cert anyway so that looks fine and happy with that.
Alumni… They have included the EPC too, that is dated from 2010 and has all the previous agencies info on it. I moved into the property in 2013. I think that’s fine though isn’t it?
But thanks I’ll just keep it as it is without signing anything that’s great, I was just worried that if I didn’t sign it then they couldn’t issue a section 21 and have to issue a section 8 (I wouldn’t want to put that on anybody). As I say the landlord seems a nice enough guy, the problem that’s been here is the new agency that’s acted extremely unprofessional and not reported any of my issues to the landlord (anyway theyre blaming the landlord) as they would!.
Alumni… They have included the EPC too, that is dated from 2010 and has all the previous agencies info on it. I moved into the property in 2013. I think that’s fine though isn’t it?
Yes
They should have renewed it in 2020. They have to be renewed every 10 years, gas annually and electric five years ( unless otherwise stipulated)
They shall need to serve you valid certificates
If you are still in in April they will need to serve you an EICR too
If you have a reasonable landlord communicate with them directly
I have found estate agents useless when it comes to paperwork so I do it myself
I dont understand what is the fuss. If your intending to leave just do that.
Or you want to make life difficult for your landlord who may or may not have sent you that last bit of paper that the govt rules has now demanded.
If I didnt have property I wouldnt do this again all these rules in favour of people that just want to be difficult because every i hasnt been dotted.
Think you may have got the wrong end of the stick here. I’m a very reasonable tenant, and it’s the first time I’ve rented so having all these documents thrown at me I just needed a bit of info just in the case the landlord or agency were trying to do one on me (I.e. in respect to all the things that haven’t been resolved over the years).
I’ve every intention of not causing a fuss, I’ve stated that earlier. But I don’t know anything about the process and thanks to this forum and the very knowledgeable responses I’m now stress free on leaving and looking forward to new ventures.
I could be an a.ss, but I’m not I’m dismissing everything for mutual relation. Btw… I didn’t intend on leaving initially it was pushed on me from a sale.
But I’ve spoken direct to the landlord and he’s a nice guy. Obv he’s a businessman but he’s offered me another place, sadly it’s not in my locale.
I’m with you on the Gov thing, works both ways though, ironic that you have to just live with issues and they only get sorted when it comes to an end hence my worry in all that documentation.
Just needed that and it was answered previously. But thank you for your addition.