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EPC for a Section 21 notice

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I have tenants with an older tenancy origination from November 2009. They are social tenants, and for a variety of reasons have now got into significant arrears and I wish to serve them with a Section 8 notice, and am considering dual serving them with a Section 21 notice.

At the start of their tenancy (i.e. prior to the changes on 9th Jan 2013) there was no requirement to provide an EPC.
The last tenancy renewal agreement was March 2017 (when I was advised there was no requirement for me to provide an EPC due to the original tenancy start date) and includes the words:
"The term of the tenancy is a periodic tenancy commencing at 12:00 noon on 5 March 2017 and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy"

which I presume makes it now a contractual periodic tenancy, and happens to be in Wales.

My question is, as no EPC has previously been required, am able to serve a Section 21 notice as well as a Section 8, or am I prevented due to the changes to Section 21 which came in on 21st October 2018.

Many thanks

15/12/2019 12:27

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