Can a landlord use Section 21 if they haven’t provided an EPC or gas safety certificate?
Can a landlord use Section 21 if they haven’t provided an EPC or gas safety certificate?
Blog Article
In the UK, Section 21 of the Housing Act 1988 is a legal mechanism that allows landlords to evict tenants without providing a specific reason, often referred to as a "no-fault eviction." However, the process is not as straightforward as it may seem. Landlords must comply with a range of legal requirements before they can serve a valid section 21 eviction notice. Two of the most critical requirements are the provision of an Energy Performance Certificate (EPC) and a gas safety certificate. This article explores whether a landlord can use Section 21 if they haven’t provided these essential documents and the implications for both landlords and tenants.
Understanding Section 21 Evictions
Section 21 allows landlords to regain possession of their property at the end of a fixed-term tenancy or during a periodic tenancy without having to prove any fault on the part of the tenant. This type of eviction is often referred to as a "no-fault eviction" because the landlord does not need to provide a reason for wanting the tenant to leave.
However, the introduction of the Deregulation Act 2015 and subsequent amendments have imposed stricter requirements on landlords wishing to serve a Section 21 notice. These requirements are designed to protect tenants and ensure that landlords maintain their properties to a certain standard.
The Importance of an EPC and Gas Safety Certificate
Energy Performance Certificate (EPC)
An EPC is a document that outlines the energy efficiency of a property. It provides a rating from A (most efficient) to G (least efficient) and is valid for ten years. Since October 1, 2008, it has been a legal requirement for landlords to provide an EPC to tenants before they move into a property. The EPC must be provided free of charge, and failure to do so can result in a fine.
Gas Safety Certificate
A gas safety certificate, also known as a CP12, is a document that confirms that all gas appliances, fittings, and flues in a property are safe. Landlords are required to have a Gas Safe registered engineer inspect the property annually and provide a copy of the gas safety certificate to tenants within 28 days of the inspection. This requirement has been in place since the Gas Safety (Installation and Use) Regulations 1998.
Can a Landlord Serve a Section 21 Notice Without Providing These Documents?
The short answer is no. Since October 1, 2015, landlords in England must comply with certain legal requirements before they can serve a valid Section 21 notice. These requirements include:
- Providing an EPC: The landlord must have provided the tenant with a valid EPC before the tenancy began. If the property is exempt from requiring an EPC, the landlord must have registered the exemption on the PRS Exemptions Register.
- Providing a Gas Safety Certificate: The landlord must have provided the tenant with a copy of the gas safety certificate before the tenant moved in and must provide an updated certificate annually.
- Providing the Government’s ‘How to Rent’ Guide: The landlord must have provided the tenant with a copy of the government’s ‘How to Rent’ guide at the start of the tenancy.
- Protecting the Tenant’s Deposit: If the tenant has paid a deposit, it must be protected in a government-approved tenancy deposit scheme (TDP), and the tenant must have been provided with the prescribed information about the scheme.
If a landlord fails to comply with any of these requirements, they cannot serve a valid Section 21 notice. This means that if a landlord has not provided an EPC or a gas safety certificate, they are not legally allowed to evict a tenant using Section 21.
Consequences for Landlords Who Fail to Comply
Landlords who attempt to serve a Section 21 notice without having provided an EPC or gas safety certificate may find that their notice is invalid. If the tenant challenges the eviction in court, the court will likely dismiss the case, and the landlord will have to start the process again after complying with the legal requirements.
In addition to being unable to serve a valid Section 21 notice, landlords who fail to provide an EPC or gas safety certificate may face fines. Local authorities can issue fines of up to £5,000 for failing to provide an EPC and up to £6,000 for failing to provide a gas safety certificate.
What Should Tenants Do If They Haven’t Received an EPC or Gas Safety Certificate?
If a tenant has not received an EPC or gas safety certificate, they should first contact their landlord or letting agent to request these documents. Landlords are legally obliged to provide these documents, and most will do so promptly once reminded.
If the landlord refuses or fails to provide the documents, the tenant can report the issue to their local authority. The local authority has the power to enforce these legal requirements and can issue fines to landlords who fail to comply.
Tenants should also be aware that if they have not received an EPC or gas safety certificate, their landlord cannot serve a valid Section 21 notice. If the landlord attempts to do so, the tenant can challenge the notice in court.
What Should Landlords Do to Ensure Compliance?
Landlords should take the following steps to ensure they are compliant with the legal requirements and able to serve a valid Section 21 notice if needed:
- Provide an EPC: Ensure that an EPC has been obtained for the property and that a copy has been provided to the tenant before they move in. If the property is exempt from requiring an EPC, register the exemption on the PRS Exemptions Register.
- Provide a Gas Safety Certificate: Arrange for a Gas Safe registered engineer to inspect the property annually and provide the tenant with a copy of the gas safety certificate within 28 days of the inspection.
- Provide the ‘How to Rent’ Guide: Give the tenant a copy of the government’s ‘How to Rent’ guide at the start of the tenancy.
- Protect the Tenant’s Deposit: If the tenant has paid a deposit, protect it in a government-approved tenancy deposit scheme and provide the tenant with the prescribed information about the scheme.
By following these steps, landlords can ensure that they are compliant with the law and able to serve a valid Section 21 notice if necessary.
Conclusion
In summary, a landlord cannot use Section 21 to evict a tenant if they have not provided an EPC or gas safety certificate. These documents are essential legal requirements that landlords must comply with before serving a Section 21 notice. Failure to provide these documents not only invalidates the Section 21 notice but can also result in fines for the landlord.
Tenants who have not received an EPC or gas safety certificate should request these documents from their landlord and report any non-compliance to their local authority. Landlords, on the other hand, should ensure they are fully compliant with all legal requirements to avoid any issues if they need to serve a Section 21 notice in the future.
By understanding and adhering to these legal obligations, eviction, both landlords and tenants can ensure a fair and transparent rental process. Report this page