If you are considering purchasing a buy to let property or already own a buy to let property, it is important you give your tenants all of the correct information at the start of the tenancy.
The 2018 case of Caridon Property Ltd v Monty Shooltz ruled that a landlord who had not given his tenant the gas safety certificate at the start of the tenancy, meant that the notice, which he had given his tenants to leave the property, was invalid. This meant that the landlord was unable to evict the tenants.
When a landlord wishes for tenants to leave a property and the tenancy is for a fixed period of over 6 months, or the tenancy has no fixed end date, the landlord must serve a formal notice on the tenant. This is called a Section 21 Notice and a landlord has to give the tenants at least 2 months’ notice to vacate.
In light of the above case, it is important to ensure all documentation is given to the tenant at the beginning of the Tenancy, as a failure to give just one piece of documentation could mean that a landlord cannot evict a tenant, which could be disastrous for the landlord.
If you are letting out a property, then you need to supply to the tenant the following documentation:
- Energy Performance Certificate for the property.
- Copy of the How to Rent Guide (this can be found on the Government’s website here).
- Copy of the signed Tenancy Agreements
- Landlord Gas Safety Certificate
- Details of the Deposit Protection Scheme
- If you would like further information on the above, please visit the Government’s website here.
If you would like a free no obligation estimate of our fees for purchasing a Buy To Let Property then please do not hesitate to email Leanne Wood on leanne.wood@herrington-carmichael.com
This reflects the law at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought as appropriate in relation to a particular matter.
