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Condensation (England) | Landlord Wants Tenant to Leave (England) | Planning Control and Building Regulations (England) | Retaliatory Evictions (England)

Taking over tenancies in auction property

23 Feb 2016 | 1 comment

We are taking over three ASTs. Property bought at auction. The building (3flats )has been badly managed and I am not sure that all is in place. Is there a list of what we should do/need to provide to the tenants so that we are fully compliant.

Furthermore it is our intention to serve notice as and when the 6 months has expired in order to fully refurbish empty building. One set of tenants five months into their tenancy have now contacted environmental health regarding the damp in property (between exchange of contracts and completion) as they are anxious we will ask to vacate as I believe this has an implication for serving a Section 21 as could be seen as retaliatory even though was always our intention. What is the best advice on this? It may not surprise anyone to know the damp didn’t just appear and they have lived quite happily for five months.

Any help appreciated.


1 Comment

  1. guildy

    In respect of a list, we have lots of guidance but it very much depends on when the start of the tenancy was. As a quick summary, below is required for the purpose of serving a section 21 notice:

    Tenancy granted BEFORE 1 October 2015

    • tenancy deposit must have been protected within 30 days. If not, it must be returned in full before service of section 21
    • tenancy deposit prescribed information must be given before service of the section 21 (if not already done)
    • if a HMO licence is required, an application must have been made as a minimum before service.

    Tenancy granted on or after 1 October 2015

    In addition to above:

    • EPC and gas safety must be given before section 21
    • How to Rent guide before section 21
    • Retaliatory evictions could apply (see here).

    When you follow our possession wizard it will ensure all of these things are in place as necessary before allowing you to proceed to download the notice.

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