Tenant refusing access for gas safety check?

Reply to the comment left by Badger at 13/10/2024 - 17:49
Hi Badger it is fixed term. I am guessing the contractual periodic tenancy for CT does not apply to me?

The tenant did express wishing to leave early - I have a deed of surrender ready and I will contact CT and all utility company’s immediately. Im hopefull this would avoid any charges to me? Thank you.

Reply to the comment left by Alison Clark at 13/10/2024 - 17:58
You only need to apply to the court whilst the notice is valid. The eventual court date can be outside the s21 notice, court dates varies depending on backlog in your area and is between 3-7 months. Even with a possession order you then need baliffs, which is a further 2-16 weeks but longer in London with the highest backlog.

Before serving the s21, make sure it is valid - https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/section_21_validity_checker

If it's invalid the tenant can defend against it and you'll lose in court and have to start again from a fresh s21 notice and a minimum of 2 months notice.

Reply to the comment left by Alison Clark at 13/10/2024 - 17:20Alison -
I drafted this earlier, things have since moved on but I'll let this stand.
Would I let an "agent" serve a s21 notice?
No. Never. Not under any circumstances.
I have never met an agent who I would allow to have anything to do with legal work. Maybe I have been unlucky but I have not yet met one who fully understands the law. Most of them have no legal qualifications whatsoever. Some of them act in breach of the Legal Services Act 2007.
In your case I would proceed as follows:
1. Set aside a budget of perhaps £2,500 including VAT.
2. Prepare a "bundle" of electronic copies (scans or even photos if necessary) of the tenancy agreement and all other relevant documentation. Checklists here (one already mentioned I think): https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction and here: https://nearlylegal.wpenginepowered.com/wp-content/uploads/2021/10/s21updatedOctober21.pdf). Also include a copy of your contract with the agent because you need to cancel their instructions in accordance with that.
3. Write a "Brief". This should set out concisely in plain English (do not use any jargon unless you fully understand it) exactly what has happened in date order that is relevant to this tenancy. Make it clear what you want to achieve. List the documents in the bundle at the beginning of the brief.. Most briefs of this nature should be no more than 1,000 words, shorter is better.
4. Sign up for the Landlord Law Service telephone consultation here: https://landlordlaw.co.uk/openaccess_content/the-landlord-law-telephone-advice-service/ Amazingly a 30 minute consultation is still only £130. Try and get Ryan Heaven at Dutton Gregory. All the solicitors at this service are good but I have used Ryan and I recommend him.
5. Take Ryan's advice. Do what he thinks is best. If he thinks he can help you then get on-boarded and instruct his firm to handle the case.
6. When the time comes instruct a specialist to serve the s.21 notice . Some s.21 applications fail because of disputes about service. You need to get this done right, whatever it costs.
7. Meanwhile, if it was me, but at your own risk because this is not advice, don't let anything stop you getting the gas certificate done on time. if your application for a possession order is heard by a hostile judge, and many of them are, and the chain of gas certificates has a break since the letting commenced, you'll probably not get your order.
Finally, please let us all know how you get on. It is infuriating when one doesn't hear the final outcome of cases.

Reply to the comment left by Badger at 13/10/2024 - 17:49The tenant is liable for council tax, as they are the resident tenant. That is a tenant with a lease that's gives them a right to occupy the property regardless if they live in it or not, so the word resident is a bit of a misnomer.
Now it's a fair point about the end of a tenancy. If the tenancy agreement mentions that a contractual periodic tenancy is formed, then the lease continues at the end of the fixed term regardless if the tenant is still in the property as they must provide notice to stop a contractual periodic tenancy from forming. However, if there is nothing in the tenancy agreement, then then a statutory periodic tenancy would form, if, they remain in possesion of the property. If not, then the fixed term ends and via Effluxion of Time, the lease ends and no new tenancy is formed, and CT liability will from that day forward be back on the property owner.
The key bit though, is for a statutory periodic tenancy to not form, is the tenant needs to return possession of the property back to the landlord. They can't just up and leave, they need to give the keys back. So in your case where the landlord wasn't aware the tenant has left then in all likelihood they didn't return possession back and a statutory periodic tenancy would have formed and the tenant remains liable for CT as well as rent.
It's a small but important detail. The ending of tenancies is IMO, potentially overly complex. This is why I'm all for a computer system to give you a simple yes/no answer.

FYI - leaving the keys in the property isn't seen as returning possession back to the landlord unless that's what the landlord requested or was mentioned in the tenancy agreement.

Reply to the comment left by Badger at 13/10/2024 - 17:49
Quite true Badger. My comment refers to the AST that Alison currently has .

Reply to the comment left by Jonathan Willis at 13/10/2024 - 18:08
I’ve saved the checker. Thank you.

Phew that’s another note to remember I don’t need to worry if the court date is outside s21.

Reply to the comment left by Jonathan Willis at 13/10/2024 - 18:08Jonathan - re. your comment about starting again - that probably will not be possible. The government has such a big majority, and is seeing so many other objectives at risk of slipping through its fingers, that the passage of the Renter's Rights Act 2024 is as certain as anything can be. They cannot afford to have egg on their face like Michael Gove did. I think it will have Royal Assent before the Christmas recess, or January at the latest. There is nothing to stop Angela Rayner issuing an SI to make the commencement date the same as the date the Act passes (see ss.142-3) but even if there is some delay I will be very surprised if Alison is able to issue new s21 proceedings following a failure of an application made in May or the first day of June (as the case may be).

Also, re. deeds. The rules are strict. Make sure you understand them if you try to use a deed of surrender to get early possession. And if the agent drafted the deed without supervision by an Authorised Person they are in breach of the Legal Services Act 2007 as I said earlier.

Reply to the comment left by Michael Crofts at 13/10/2024 - 18:52
I would agree, they'll have something done, but what and when is up in the air. That's why I advise you serve an s21 soon and make sure it's watertight. But you can only go on what is the current law

However, we have no idea what's coming. They might apply it to all s21s in flight and ban everything asap, or only apply it to new tenancies or phase it in from certain dates which is what they commonly have done with amendments to the legislation.

Reply to the comment left by Jonathan Willis at 13/10/2024 - 18:56
Jonathan - are you a betting man? I'll lay a tenner the Renter's Rights Act has no substantive amendments to ss 1 and 2 in the Bill.
Section 21 notices will be a thing of the past before the end of January.

Reply to the comment left by Michael Crofts at 13/10/2024 - 18:52
Thank you. This is why I feel serving the s21 earlier than the 2 months is sensible. I need to ask the lettings director AGAIN why he thinks I can only serve in March (tenancy ends 27/5/25) there is nothing in my contract and nothing in the AST to say s21 2 months notice only!

I am grateful I have the time to have these conversations!