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  • Legal FAQs

    Gas safety not issued at start of tenancy

    Guys I have a question .

    I issued a tenancy in april 2016 the tenancy agreement was signed. and I gave keys to the tenancy 1st march 2016 and protected the deposit and gave him relevant paperwork BUT I didnt get any proof I issued the paperwork. 

    So 20th april i re did everything and got tenant to sign conforming receipt of all relevant docs eg gas, EPC, right to rent.

    I issued a new AST 8 months ago, and have proof all relevant docs issued again .

    I've issued s21 , a question will the fact that I issued the original 1st documents 20 days after they moved in cause problems for me ? 

    Thanks
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    i think you may I'm afraid. if you look up Carridon Property Ltd vs Monty Shooltz case in February 2018, where by the judge ruled the Section 21 notice was invalid due to the Gas Certificate not being served to the tenants on or before the start date of that tenancy. I suggest you take legal advice just so your clear.

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    Ok thanks a lot I look into that case yeah it does seem a bizarre situation to be in and unfortunately defective legislation. So what would my options be in terms of regaining possession , eg what would happen if I wanted to sell it . I'd prefer to sell it vacant
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    right now, intending to sell won't make an difference to your situation, however, there is a consultation going on right now about amending the Section 21 and Section 8 notice which could help you but it maybe a while before anything is confirmed.



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