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GAS Safety Certificate expired

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Author Topic: GAS Safety Certificate expired  (Read 115 times)
Newbie
Posts: 12

I like property

« on: May 31, 2022, 12:57:56 PM »

Hi All,

I had AST contract  for year with letting agent in 2020.. I provided  EPC/GAS and Electric certificate at that time. We renewed AST last year for another year.

Our contract says if we do not provide  latest GAS/Electric certificate within 14 days  our agent will get one and charge us.So ,we did not do anything  and Agent did not get one either , now situation is we are cancelling the contract due to several breach  non payment of rent and other issues with Agent.

Agent has sub-let the property and their tenant is not vacating the property. Agent is taking legal action & Section 21 is served already, now Agent is asking me latest GAS/Electric certificate to me. I said as per contract you should have done and charge us? Which  they didn't, which means we have expire GSC!!

So, am I at fault here?  Does Agent have any chance to vacant property legally in absence of latest GSC?

what should be done now? is it okay to arrange new before hearing? Also  my EPC expire in July do I have to renew new ?

Seeking your expert advise.

Thanks,
V
Hero Member
Posts: 726

I like property

« Reply #1 on: May 31, 2022, 01:52:08 PM »

They're either your agent or your tenant. They're not both. Difference kinda important.

Did you let it to them to sublet out. Did they arrange a tenancy with them as the landlord (with your implied permission) without a formal tenancy with you? Or are they just your managing agent with the occupier your actual tenant who you just happen not to have contact with?
Newbie
Posts: 12

I like property

« Reply #2 on: May 31, 2022, 02:57:43 PM »

We let property to Estate company  which gives us fixed rent as per contract  and they sublet to their tenant ( We do not choose or involve occupier /tenant). I am not sure which definition they fits in.
Hero Member
Posts: 726

I like property

« Reply #3 on: May 31, 2022, 03:54:07 PM »

So, am I at fault here?  Does Agent have any chance to vacant property legally in absence of latest GSC?

what should be done now? is it okay to arrange new before hearing? Also  my EPC expire in July do I have to renew new ?

So you don't have the criminal legal obligation to keep the GSC up to date. That's on the Let-2-Let company who's the immediate landlord of the occupier. And from what you wrote, you don't have a contractual obligation to do so either as your obligation is to provide one or pay for it. And also like, you're not the occupier's landlord. If you were to attempt to arrange one, as far as the occupier concerned, you're a random stranger wanting access to their home for "checks", like "no? get out!".

If there's no up to date GSC, the L2L company is not going to be able to evict via section 21. Since there was one when the occupier moved in, they can get a new check done and re-serve the s21. Alternatively, the L2L can always try to incentivise them to leave by offering money etc. Having said that, if the L2L is like most out there, they're a small company with no realisable assets, push come to shove, the operators could just fold the comapny leaving you high and dry. One of the reason why L2L is not a good idea.

In terms of evicting the occupier process goes, you have no obligation or input here. You're not the immediate landlord, you have no standing to get involved.

You said you are "cancelling the contract" with the L2L company. There's the contract and then there's the tenancy. You could (intentionally or otherwise) ends the tenancy you have with the L2L without the L2L being able to comply with terms associated with end of tenancy, e.g. provide vacant possession back to you. In such case, you inherit the problem of having to evict the tenant. In theory and extra cost incurred can be sued for against the L2L, but refer to above about your chance of success.

I would suggest you seek professional advice.
Newbie
Posts: 12

I like property

« Reply #4 on: June 01, 2022, 03:38:59 PM »

Thank you KTC 

Very well explained.. I have learn my lesson now , will never give my property to any Estate agents better to manage self with some hassle .

I am not getting my property for some dumb agency did not followed process. I hope that matter get resolve smoothly without much issue.

I have kept myself away from any issue between occupier and L2L . sometime in past occupier sends me text/Wa/Calls ( They got my number from Agency in one of the urgency case) and have responded in helpful manner but now I have blocked the number .

Thank you very much again. :-*
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