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Question

Entry and Refusal (England) | Gas Safety (England) | Landlord Wants Tenant to Leave (England)

Section 8 and Section 21

22 Jul 2016 | 3 comments

Hello – I served a section 21 notice a month ago and all seems in order except the gas certificate isn’t up to date since the tenant isn’t giving us acess to the property. In the off chance this becomes an issue I’ve decided to serve a section 8 (ground 1). However the 2 months are over at different times. Section 21 on august 20th and section 8 on September 26th. I can still go ahead with the accelerated possession route before September 26th right? The wording of section 8 is a little tricky.

Answer

3 Comments

  1. guildy

    If the tenancy was granted on or after 1 October 2015, the new rules apply. As long as the gas safety was current at the time of serving the section 21 and a copy was given to the tenant before occupation, it will be fine. If the tenancy was pre October, the rules don’t apply so it won’t matter.

    You are absolutely right, the two proceedings are entirely independent of each other and the accelerated proceedings can be brought first in August.

    • Jovie

      The gas certificate was valid when she moved in but not when we served the section 21. She turned away 2 people. I have it in writing. Unfortunately the lease is dated 15/10/15. Although she’s been there for 2 years. 

      Sent from my Samsung Galaxy smartphone.

      • guildy

        Well, the rules say that you must be in breach of a legal requirement (one of those legal requirements being the providing of a gas safety).

        Therefore, the submission would be that you’re not in breach due to the refusal to allow entry.

        This has not yet been tested so unknown.

        The court forms have not been updated for the October changes and only deposit protection confirmation is sought. Therefore you don’t have to mention it on the court form meaning it would be for the tenant to raise this which reduces the likelihood of it being a problem.

        I think in the meantime keep trying so if it is raised you have lots of evidence showing attempts and crucially – refusals.

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