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  • Legal FAQs

    Section 8/Gas Safety certificate etc

    Hello everyone. Please can anyone help me with an issue with Section 8 notices?

    My letting agent thinks that before one can be served, the tenant must be provided with the gas certificate, how to rent documents etc. I think he is confusing it with a Section 21 notice, but I’m struggling to find anything official online to prove it.

    I found this link https://www.gov.uk/evicting-tenants/sect...-8-notices, but it only says that you need these things for a s21, not that you don’t need them for a s8.

    Can anyone point me in the direction of something a bit more convincing? Thanks for reading!

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    The prescribed documents are only relevant for a s21 notice. The requirements are part of s21 of the 1988 Housing Act (as amended) and are not part of s8

    However, not having a current gas safety certificate and/or not giving the tenant a copy is an offence in itself.

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    Yes your agent is confused.  Without walking you through the legislation bit by bit it’s hard to be more convincing than the link you have. In any event why waste energy convincing the agent who is clearly a bit useless. Serve the s8 yourself or get someone else to do so

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Time a new Agent ! - clearly incompetent.    If he's charging landlords money for managing, he needs to ' know his Onions.'

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