Section 8 notice but no epc, gas certificate or how to rent given | The Tenants' Voice
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Section 8 notice but no epc, gas certificate or how to rent given

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595 views 1 replies latest reply: 29 March 2017
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Tenant

As the above states. Are there different laws when issuing a section 8 that do not require the legal documents that are to be accompanied by a section 21?

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Tenant

Hello, 

Section 8 notices are used when the tenant has breached a major rule in the tenancy agreement and the landlord wants to evict them. 

Section 21 notice is used in general when the landlord just wants to return in possession and offer no argument for your removal. You can see how this can be abused easily, so the government introduced regulations to how and when the landlord can make use of section 21 notice. In particular, they have to clear a handful of requirements like the ones you listed. 

Because the landlord is evicting for no particular reason, the governments expect them to at least meet few basic landlord responsibilities. 

This only applies to tenancies started after October 15th 2015. In 2018, it will be applied to all tenancies. 

Section 8 is used for direct breaches, which can be proven, like rent arrears of two consecutive months. The landlord is evicting for an apparent and respectable reason, so regardless if they fully meet their responsibilities, they are entitled to return in possession. 

I hope you can see the difference now.

If your landlord is serving section 8, you should probably look for specific legal advice, to which would recommend our tenant resources page – http://www.thetenantsvoice.co.uk/your_home/tenant-resources/

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