Private tenancy - no gas safety/deposit protection certificate given

dimbo61

You need to carry out Right to Rent checks or the Landlord can face a nice big fine !
Now if the Tenant states they have not received the latest 24/03/2023 How to Rent guide or the prescribed information along with the deposit information then I am sure a solicitor / shelter will stop any eviction notice

macman

None of this should ever be an issue if the LL carries out the statutory requirements in an organised fashion. The LL simply issues the prescribed information to the tenant and at handover gets the tenant to sign a note acknowledging receipt of the relevant info.

Yorkie006

Hold one guys, I need a clarification of a few things...
When the original joint tenancy was signed, we received all the paperwork required (how to rent guide, EPC, gas safety cert, deposit protection cert etc).
But when the joint tenancy ended and a new tenancy in my name only was created, I only received the tenancy agreement itself. Was I supposed to get all the other stuff again as well? They didn't even want to seem my ID or anything (just to point out, I have never seen the person dealing with this before so it's not like they knew what I looked like to be sure it was really me and not someone pretending to be me).

macman

Yes, it's a new tenancy, not a new fixed term, so everything should have been resupplied again.

propertyrental

Yorkie006 said:

Hold one guys, I need a clarification of a few things...
When the original joint tenancy was signed, we received all the paperwork required (how to rent guide, EPC, gas safety cert, deposit protection cert etc).
But when the joint tenancy ended and a new tenancy in my name only was created, I only received the tenancy agreement itself. Was I supposed to get all the other stuff again as well? They didn't even want to seem my ID or anything (just to point out, I have never seen the person dealing with this before so it's not like they knew what I looked like to be sure it was really me and not someone pretending to be me).

The joint tenancy has ended. It is no more. It is deceased, gone to a starry place in the sky.

All tenancy-end processes should have been followed eg return of deposit (assuming no deductible damages) etc,

A new tenancy was created. It's birth was a little miracle- a bundle of joy. It was given a new name (your sole name) and all tenancy start-up processes should have been followed.

macman

Yet another amateur LL cutting corners it seems...

Yorkie006

propertyrental said:

Yorkie006 said:

Hold one guys, I need a clarification of a few things...
When the original joint tenancy was signed, we received all the paperwork required (how to rent guide, EPC, gas safety cert, deposit protection cert etc).
But when the joint tenancy ended and a new tenancy in my name only was created, I only received the tenancy agreement itself. Was I supposed to get all the other stuff again as well? They didn't even want to seem my ID or anything (just to point out, I have never seen the person dealing with this before so it's not like they knew what I looked like to be sure it was really me and not someone pretending to be me).

The joint tenancy has ended. It is no more. It is deceased, gone to a starry place in the sky.

All tenancy-end processes should have been followed eg return of deposit (assuming no deductible damages) etc,

A new tenancy was created. It's birth was a little miracle- a bundle of joy. It was given a new name (your sole name) and all tenancy start-up processes should have been followed.

In that case, the LA messed up big time.

When the original joint tenancy ended, all they did was create a new tenancy in my name only and that was it (this tenancy was an AST for 12 months to start with but then it just went onto periodic).
They were supposed to do inspection every 6 months but never bothered (the joint tenancy lasted 3 years, originally signed for 12 months and then it went to periodic). My new tenancy states the same but no inspection was done at all. The last time anyone from the LA visited the house was in autumn 2018.

They did not return the deposit, they just said they would transfer it from the old joint tenancy to the new one (I paid the original deposit in full myself and the other person confirmed to the LA that all of the money belonged to me).

So, bearing all of this in mind, if they decide to give me a section 21 notice, I'm assuming it won't be valid because they didn't do things correctly?
They didn't ask for any form of ID, never checked I was allowed to rent in the UK (I am not British), didn't provide any of the paperwork like EPC, guide to rent etc., no deposit protection cert and no copy of gas safety cert...

Inventory done in summer 2018 but no inspections since (apart form the initial one 3 months after moving in, in autumn 2018) despite the tenancy agreement saying they will inspect every 6 months so I'm assuming trying to claim for any damage etc won't work either.

propertyrental

Inventory and inspections are at the discretion of the landlord. No obligation. Of course, without these, claiming (and proving) you caused damage is very hard for the LL, so you are almost certain to get your deposit back.

Transferring the deposit from old to new tenancy is probably OK provided it is now in your sole name, and given that your ex joint tenant agreed. Essentially its return to you and then re-take from you happened 'virtually', assuming also it was for the same amount.

But other obligations on a LL at the start of a tenancy are legal obligations, with serious consequences for the LL. Gas cert, EPC, etc mean S21 Notice invalid.

LL might get away with claiming he did 'right to rent' checks 2 years earlier

macman

It's probably OK to transfer the deposit, but the OP has not been provided with a copy of the new certificate within 30 days, or the prescribed information, so an S21 would be invalidated on those grounds.
There is also no mention of an EICR being supplied, which is another fail.

Mr.Generous

The TDS don't (to my knowledge) issue a certificate for the deposit. The landlord bonds it with them, provides details to the tenant and the TDS contact the tenant to confirm. All done by email. The tenant can also go online and check the deposit is bonded should they wish, but I've never issued a certificate to anyone. I could print some lovely pretend certificate if someone was desperate for one I suppose - Microsoft publisher anyone ?

Gas safety checks can be done when the tenant is in, out, or before a let is agreed - so they 100% do not need to be signed. You can gas safe the property during renovation and get a tenant 3 months later if you want, and it would still be valid. The issue is just over whether a copy was provided and I would imagine the landlord would say they did provide a copy if push came to shove.The court would then have to take a view on who they believed, and how serious a breach had been if they believed no copy was provided.

Don't get too hung up on these things, most landlords don't evict tenants who pay rent and look after the property.