The landlord thought the paperwork was done. The tenancy had an energy certificate, a gas certificate and the government's How to Rent guide. But when the case reached court, the judge looked at how the EPC had been given to the tenant: as a web link in an email. That wasn't enough, and the claim stopped there.
Stories like this come up again and again in UK landlord groups. In the threads we read, possession claims were halted over an EPC sent as a link, a missing deposit leaflet and a skipped gas certificate. The facts of the case were never the problem. The proof was.
"I did send it" isn't the same as "I can prove I sent it"
Most of those cases were under the old Section 21 process, which ended on 1 May 2026. You might think the lesson ended with it. It didn't.
Under the Renters' Rights Act, every possession claim goes through Section 8, with grounds and evidence. Judges still look at your paperwork, and some failures now block possession outright (an unprotected deposit is one, see our deposit story). New tenancies also need a written statement of terms before they start, with fines of up to £7,000 for getting it wrong.
What a tenant should get, and when
- Before the tenancy: the written statement of terms (new tenancies from 1 May 2026).
- At the start: a valid EPC, the current gas safety record, the electrical safety report (EICR).
- Within 30 days of taking a deposit: proof it's protected and the prescribed information.
- Existing tenancies: the government's Renters' Rights Act information sheet (deadline was 31 May 2026).
- Each year: the new gas safety record within 28 days of the check.
How to avoid it
Serve it, then prove it
- Send the document itself, as an attachment or a printed copy, not just a link.
- Check your agreement says email is an agreed way to send documents. If not, post or hand it over too.
- Keep the proof: the sent email with attachments, a photo of the letter going in the post, or a signed "received" note.
- Ask for a quick reply such as "Got it, thanks". It's the simplest proof there is.
- Save it all with the tenancy, not in your inbox, so it can be found in a year's time.
- Set reminders for anything that renews: gas every 12 months, electrics every 5 years, EPC every 10.
It's dull work. But it's ten minutes at the start of a tenancy that can save months later.
How Lordease helps
Every certificate and document is saved with the right tenant and property, with reminders before anything runs out. Coming soon: send the whole move-in pack in one tap and keep a dated record of when it went.