Section 21 Notice

DevilDamo

A friend of mine has been served a Section 21 Notice giving him 2 month’s notice to vacate his rental flat. Due to him being a vulnerable person, we have been in contact with the Local Authority for their help. They initially asked to see various documentation including a copy of the S21 Notice. We were not able to provide a current or up to date electrical certificate, primarily because he hasn’t been issued with one for a very long time. The LA have stated that without an electrical certificate, the S21 Notice is not valid. The landlord does not agree and states an electrical certificate is not required for a S21 Notice to be valid.

Can anybody clarify?

Martico

Certificate required.
Here's a conprehensive list from Shelter
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/what_makes_a_section_21_notice_invalid#:~:text=energy performance certificate-,A landlord cannot serve a valid section 21 notice where,1 October 2015.[24]

DevilDamo

Martico said:

Certificate required.
Here's a conprehensive list from Shelter
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/what_makes_a_section_21_notice_invalid#:~:text=energy performance certificate-,A landlord cannot serve a valid section 21 notice where,1 October 2015.[24]

Where does it refer to an electrical certificate?

Martico

Oops - it's late. I saw energy performance, apologies. I'd wait for an experienced landlord (there are many here) to advise if Shelter links don't answer your Q

RHemmings

There's a fair amount of information online that says that the lack of an EICR (Electrical Installation Condition Report) is unlikely to make an S21 notice invalid. Though, there are other ways that a local authority can punish a landlord who does not have a valid EICR when they should. E.g.: https://www.warnergoodman.co.uk/site/blog/news/new-electrical-safety-standards-for-landlords There is some uncertainty online, and it appears that many people are hedging their bets a little bit. E.g. 'is unlikely to invalidate an S21'. 

If the local council believe that it does, then that misunderstanding may not be useful. However, the S21 itself does not end the tenancy. The landlord would have to apply to the court to evict the tenant. You would think that would address any issue of the council claiming that the OP's friend has made themselves intentionally homeless. That may be a risk if the friend just leaves on the date specified in the S21, whether it is valid or invalid. 

BTW: I am not a lawyer and this is not legal advice. 

Murphybear

According to Shelter

A landlord cannot use a section 21 notice if they have not given the tenant a valid gas safety and energy performance certificate before the S21 is given 

The penalties for not having an electrical certificate can be quite severe, there is a maximum fine of £30,000. 

GrumpyDil

Murphybear said:

According to Shelter

A landlord cannot use a section 21 notice if they have not given the tenant a valid gas safety and energy performance certificate before the S21 is given 

The penalties for not having an electrical certificate can be quite severe, there is a maximum fine of £30,000. 

Note that refers to an EPC not an EICR which are different things.

DevilDamo

This is what I had read so appears the Local Authority may have been incorrect in this instance.

RAS

If the tenant is a vulnerable person approaching a LA for housing, the LA will almost certainly regard the tenant as making themselves intentionally homeless and ineligible for housing if they leave before the bailiffs turn up. It's known as gate-keeping and is legal if not exactly approved of. Mainly it's a way to restrict access to LA housing.

So the tenant needs stay where they are, regardless of whether the electrical certificate is needed or not. @DevilDamo can help their friend by getting an appointment with the local CAB or housing advice service. Are there any HAs or other housing providers who would consider the friend a priority? Anyone who can advocate for them.

Alternatively can they help the friend find a new tenancy?

Meantime, 

Write to the LA formally, stating that the advice given regarding the electrical cert is wrong. Write to the LL and state that the tenant cannot make themselves voluntarily homeless, but is seeking alternative accommodation. 
Based on the advice from CAB, find out if the LA is likely to help if the tenant is made homeless? 
If unlikely, concentrate on finding new accommodation and make a plan B to help the tenant store stuff if they are removed.

theartfullodger

s21, even if valid (many many are invalid..) does not end tenancy nor compel tenant to leave.  Only a court can force those (Thatcher's 1988 Housing Act).

I'd do nothing until & unless court papers sent - when should write back to court pointing out s21 in invalid.  Pointing out problem to landlord just get's it sorted earlier, so do nothing for now.

Good luck!

DevilDamo

My friend is not one to sit it out. He’d rather be settled somewhere than worry about not having somewhere to stay. This was more of a case of whether the absence of an electrical certificate is enough to invalidate a S21 notice. So I think it’s clear the S21 is still valid.