SMF - Just Installed!

Gas Safety Certificate

Started by SunshineGirl, February 25, 2018, 06:26:46 PM

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SunshineGirl

Hi all, 

First post ever so please bear with me.

I have had a letting agent fully managing my first BTL property for the last two years, whereby they arranged credit/reference checks, deposit, inventory, Gas Safety Certificate and handover.  Repairs can be arranged through lettings but I requested that they inform me first and if it is a straight forward job I send hubby in, otherwise they will instruct a tradesman. 

A few months back I purchased my second BTL and the lettings agent found, signed up and moved in a new tenant.  They knew the tenant had to give her last landlord a months notice and all necessary checks were done straight away, however no Gas Safety Check was arranged and because they didn't check with me until the day of the tenancy they couldn't get anyone out until the next day.  Now I have a tenancy agreement dated and signed on February 1st, a Gas Safety certificate dated February 2nd and because I wanted a clause adding to the agreement my signature was added around February 3rd ,although no further date necessary. 

As the landlord I know that it is my responsibilty but I thought the management fees paid for the agent to arrange and ensure all these necessary checks are made and certificate issued before tenancy.  What can I do now regarding Gas Safety Certificate and what type of conversation should I have with my agent?

theangrylandlord

Im afraid there is no remedy for you now regarding the gas certificate.

Per the Gas Safety (Installation and Use) Regulations 1998 which are invoked by the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 which itself comes from the Housing Act 1988 you must serve a gas cert before the tenant moves in.  You didn't.  You can't now serve a valid section 21 notice - you are left with only the section 8 route for repossession order - your only hope is that this is not binding law and a judge might miss it.

As to the agent... you can shout and scream at them I suppose if that makes you feel better :-\

Best of luck