New Case Law on Service of Gas Safety Certificates, EPC and How to Rent Guide
The valid service of the accompanying documents - Gas Safety Certificates, EPC and How to Rent guide as per the Deregulation Act 2015, for the purpose of serving a valid Section 21 notice was considered in the case of D’Aubigny v Khan & Anor.
Background
Ms D’Aubigny was the tenant under an assured shorthold tenancy (AST).
The landlords (The Khans) served a Section 21 notice.
The tenant challenged the validity of the Section 21 notice, claiming that she had not received the accompanying documents.
The landlords had served all documents by post to the tenant.
Issue
The tenant argued that not only had she not received the prescribed documents, but there was also no clause in the tenancy agreement which permits service of notices and documents by post.
The landlords argued that the tenancy agreement included a clause which allowed service of the prescribed documents by post but in any event Section 7 of the Interpretation Act 1978 (“the Act”) applied, which permits service by post.
The new How to Rent Guide (England) Published
On the 24th March 2023 the long anticipated new How to Rent Guide (England) was published by the Department for Levelling Up,Housing & Communities.
The Guide, which needs to be served for all new tenancies and renewals in order for landlords to comply with the Deregulation Act 2015, has not been updated since December 2020 and the updated version contains some significant changes. The Guide reflects the changes in legislation relating to Smoke Detector and Carbon Monoxide Regulations as well as the introduction of the Electrical Safety Regulations from 2020 and the Guide also makes reference to checking if the property is suitable for the disabled. The reference to Covid 19 have been removed, as has the detailed overview of the Assured Shorthold Tenancy.
Differences in Tenancy Types and the Six Geese a Laying
Using the correct contracts when letting out a property is extremely important.
There are so many variants of generic contracts which range from the Assured Shorthand Tenancy (AST) to a variety of Common Law Agreements and Licences which are used for grazing purposes, boat hire, garages, parking, sheds and much more. Understanding the differences between contracts will help understand how to navigate the tenancy correctly.
Gas Safety Certificate and Case Law will Impact Form 6A
On the 8th February 2018, at an appeal hearing in front of His Honour Judge Luba in the Central London County Court, the Judge ruled that if a current gas safety certificate was not served on the Tenant BEFORE they took up occupation of a property then any Section 21 Notice cannot be relied upon.