Tenancy agreement/s – must be assured shorthold and the property must be in England.

 

Deposit – If you protected the deposit within the required 30 days but did not serve the prescribed deposit information, this can be served late. Failing to register the deposit within 30 days may result in a three-times deposit claim, as serving the prescribed information late triggers this claim. Be warned.

 

If the deposit isn’t protected, there are two ways to fix this. If there are rent arrears, you need to get the tenant to sign a letter agreeing for the deposit to be used to pay towards the arrears or rent – there must not be a deposit when you serve notice.

If you can’t get this agreed, you must return the deposit. “But the tenant is in arrears, so why should I?” Because if you don’t, you've lost before you even start. Returning the deposit will enable you to get possession and might encourage the tenant to find another place, as they now have a deposit to put down. I can advise on drafting your letter.

 

From 1st June 2019, new rules for landlords regarding tenancy deposits for all new and renewed tenancies: Deposits are capped at the equivalent of five weeks' rent for properties with an annual rent of 50K. If you haven't renewed the tenancy and it began before June 1, 2019, that's acceptable; otherwise, get anything over 5 weeks refunded.

 

Gas Safety Certificates – For tenancies created after October 1, 2015, serving a section 21 requires a gas certificate at the start of the tenancy and a current gas certificate. However, it can be served late (Case law Trecarrell House Ltd – Rouncefield). The unavoidable fact is that if a gas certificate does not exist, you cannot evict using a section 21, and you may have no choice but to switch to the section 8 route. 

 

EPC – if you have not served it at the start of the tenancy, it can be served late, or if before 1st October 2015, not at all. It’s somewhat crazy that it is a requirement to get your property back. I can't think of any logical or practical reason, other than it being another reason to fail the application.

 

Government How to Rent Guide – You may have served an earlier edition; let's not get caught out on this one, let's serve the latest. Again, not relevant before 1^st October 2015.

 

EICR Electrical Safety Inspection Certificate – a legal requirement for renting out your property, but unlike the Gas Safety Certificates, it is not required for serving a section 21 notice. Why? Maybe the powers above forgot to include it, or the EPC was added by mistake. Who knows?

 

HMO Licence for houses in multiple occupation (slightly different rules apply)

 

Selective Licensing – A money-making scheme for many local authorities. If you fall within the catchment area, be warned: hefty fines for non-compliance, and of course, you need one to gain possession of your property.