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Question

Prescribed Information (England)

Section 21 October 2015 information requirement datesF

5 Feb 2018 | 3 comments

I have a question about the Oct 2015 documents, in particular the energy certificate and the how to rent guide:
My tenants first moved in during 2014, the agent who signed them up tells me that they were given the energy certificate but it wasn’t signed for. The agent also tells me that they were given the ‘How to Rent Guide’ when they renewed in 2016, again, not signed for . . . . Just to be on the safe side I sent them both of those again by recorded delivery (which they DID sign for) 10 days before serving them with a Section 21 (Form 6a) . . .

My question is . . . which dates should I put on the N5b as the answers to when they were given to the tenants, should I put the original unproven dates that the agent says they were first provided? . . . . or should I use the much later dates, just before the Section 21 service that I have the recorded deliver signature for? . . . is the later date likely to be frowned upon by the judge?

Answer

3 Comments

  1. guildy

    You could insert the 2016 dates at the renewal onto the form. Then, you could hand write on the form in the section something simple like: “copies also sent on [date]”.

    That should cover all scenarios.

    We assume the gas safety was also given (it’s just not mentioned above).

  2. Jackson

    Thanks, good idea. The agent told me they were given a valid gas certificate when they moved in (no signature) but after they moved in they were given by the plumbers (and signed for) gas certificates each year, the most recent one (signed for by tenant) being 2 months prior to the section 21 notice. I asked you recently which gas certificate I should mention on the n5b and you said the current one – do you think I should include a copy of it and do you think I should include copies of any of the other gas certificates? Thanks again for your advice.

    • guildy

      The form doesn’t ask for copies but we can’t think of any harm in putting them in if you like. Only current gas safety needed for now.

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