We are nearly at the end of 2018 and what a year it has been. I think at last I have found my calling in life. Once upon a time I thought I would be saving the world… but no… it’s saving you lovely lot from being sued!

Take a look at our Christmas special, no frolicking about tips for serving a full proof s21 notice.

So here goes…..

1. How To Rent Guide

It is simple - serve the version of the guide in place at the time the property is let. The current up to date version can be found on the Government Website. When the tenancy is renewed, extended, a whole new tenancy granted or the tenancy goes periodic, IF the guide has changed serve the new version at the start of the tenancy. If the guide has not changed you do not need to serve it again. Always retain evidence that the guide was served and what version was served.

Don’t forget, if you serve the How to Rent Guide by email, you will need the tenant’s consent before doing so. This is normally set out in the pre-tenancy documents. If you do not get the tenant’s consent and the tenant contests the s21 notice on this point then the claim will fail.

2. Energy Performance Certificate

Any good agent will already have the EPC available to a prospective tenant when marketing the property, as this is your legal obligation. If you missed this bit and served it late, make sure it is served before any section 21 notice is served.

We are coming up against cases where tenants are refusing access to have the EPC carried out - they know their rights and are blatantly being evasive. This situation is best avoided so serve the EPC with the How to Rent Guide.

3. Gas Safety Certificate

I do get a little bit scrooge over this one. Earlier this year a case was challenged in court on the basis that the GSC was served late - 10 months after the tenancy commenced. The s21 notice (I should add Form 6A, the prescribed notice served under s21) was found to be invalid even though the GSC was served prior to the s21.

So to avoid me repeating myself like a broken record – and let’s face it there are plenty around at this time of year….although who doesn’t still love a bit of Wham - please ensure the GSC is served BEFORE the tenants take up occupation to the property. Do not leave it in the property for the tenant to find and do not send it to the tenants once they have moved in - hand a copy to the tenant BEFORE the keys are given. Judges are frequently challenging cases on this point so let’s not give them the opportunity!

4. Signing Legal Documents

The is somewhat my favourite: a tenant friendly barrister I spoke to was almost irritated with himself that he hadn’t picked up on this years ago!

So what had he missed? A great argument in his view, which is that If you are a company then legal documents must be signed off in accordance with Section 44 Companies Act and this includes Form 6A, Section 8 notices and deposit prescribed information.

Here’s the law that confirms exactly what is required http://www.legislation.gov.uk/ukpga/2006/46/section/44

5. Complete paragraph 4 of the Form 6A

I say this over and over again, to the extent that I feel the need to reach for a bottle of Port at this time of year! We know there is not a nice neat box to enter the landlord’s name and address on the Form 6A and it’s extremely easy to miss. I also know that you are instructed to manage the property by the landlord and that agents addresses are often given on the tenancy agreement. BUT this is a prescribed legal document and you must complete all the information for the notice to be valid. You must therefore include the landlords name and address on the Form 6A. This cannot be a c/o address – it must be the landlords actual address.

We often get faced with Landlord’s who do not want to disclose their address (and with some tenants I don’t really blame them) but the reality is that their address is on the public record and if proceedings are issued they must again include their current address on the claim form.

6. Give enough time

Lecture nearly over so bear with me….

For the sake of an extra couple of days when you serve legal documents (such as section 8 or section 21 notices) just add a couple of days. We still see so many notices at the point of expiry that are a day short. We allow 2 months plus two working days for service.

For example:

Service by first class post: if the notice was posted on 18/12/2018 it will be deemed served on the 20/12/2018. Then add two months, taking you to 20/02/2019 NOT 19/02/2019.

Service by hand (before 4.30pm): if you attend the property before 4.30pm on 18/12/2018 it will be deemed served on that same day. Then add two months, taking you to 18/02/2019 NOT 17/02/2019.

Finally, don’t forget to check the tenancy agreement for any little extra oddities on service of notices.

7. Deposit protection

This little cracker came to my attention after a Judge queried a set of possession proceeding. I thought - what now!

When a deposit is paid, the deposit prescribed information and any leaflet/information must be given to the tenants and any other person that paid the deposit AFTER the deposit was protected. We often see cases where the information is given to the tenant with the tenancy agreement, but the deposit is actually paid after. If this happens you must re-serve the information or you will invalidate the s21 notice.

• The deposit is protected
• The initial requirements complied with
• The prescribed information is served

NOTICES: LET US DO THE HARD WORK

We can safely say 9 out of 10 of notices sent to us to issue are invalid. This means we have to break the news to Landlords and start again. This makes landlords sad and also makes me unpopular, which makes me sad!

The examples above are just current issues we are seeing run through the courts nationwide and I am sure they won’t be the last. The team at Woodstock now serve the majority of notices for agents that we work closely with and for many private landlords. You can put all the pressure on us, make the most of our insurance, day to day contact with the courts and years of legal training leaving you to sit back and take care of the management of the property.

We all want happy landlords and a smooth journey to possession.

For more information on our fees call us or send an email to contact@woodstockpropertylaw.com and one of the team will give you a call.

MERRY CHRISTMAS!

Right now pass the bubbles and mince pies and go have some fun!

We will be sending through a legal update in the New Year which will amongst other things cover the tenant fee ban.

In the meantime, from all of us at Woodstock Property Law Ltd we wish you a very Merry Christmas and a Happy New Year.

See you all in 2019!!!

Paula Hebberd
Solicitor and Director
Woodstock Property Law Ltd