Can tenant sue Landlord for not providing Gas safe cert?

arlee

Hi Lots of problems with my tenant recently...

Tenant has been late for rent every month for the past 5 months, this month is overdue by 20 days already and still no sign of it, I texted (no rudeness at all)her kindly to request rent, she in return accusing me of threatening and harassing her!!!

Today I emailed her that I am arranging a Gas safe check and asked a time that suits her, although the gas safe check was supposed to carry out in aug 2011 when I renewed the tenancy with her , however this was missed out, so I am trying to rectify it as part of a landlord obligation.
But tenant replied me with a 3 page email full of UK common law and Landlord tenant act in regards of Landlord's obligations and Tenant's right.

Basically she accuses me of not providing the gas safe certificate before the start of renewed tenancy and saying that now I arrange gas safe check just to hide my wrong-doing and avoid the responsibility for not providing it in the first place.

My question is does the tenant actually have any ground at all to sue the landlord ?

Thanks for all your advices.

Annisele

First, stop communicating with your tenant by text!

Second, this might help. It's potted law, not actual law, but it gives you an idea of how HSE views things.

My (admittedly very limited) experience has been that HSE is very good at putting a rocket up landlords who won't comply with their obligations, but that it isn't too bothered about historical failures.

If your T sues you directly, I doubt she'd get far. I'm not a lawyer or a landlord (those peeps will be along in a minute), but usually if you go to court because somebody hasn't done something, your remedy is to have the court order the person to do the thing. So long as you're prepared to do the check, and you've followed HSE's guidance about trying to get access to do it, I think you'll be OK.

jjlandlord

Having a valid gas safety certificate is your obligation before the law. Your tenant cannot sure you for not complying, but can inform the council which then would decide what to do, either directly fine you or give you a chance to put things right first.

Whether your tenant pays rent on time or not has no bearing on this.

pinkshoes

So you emailed the tenant asking when you can carry out the gas safe certificate check, then instead of giving you a date you can do it, they just ranted that you hadn't done it? Surely that's hindering you actually getting the certificate done, albeit better late than never.

I'd WRITE to them, asking them again for dates for you to do the gas safe certificate.

Did you renew for 12 months? I presume you'll be giving them an S21 to evict them at the end of their fixed period?

(I presume deposit is protected, and you have an inventory signed by them??)

G_M

Stop texting and start writing. Keep it formal.

A gas safety inspection is not required at the start of a tenancy, but a valid certificate (issued within the preceeding 12 months) is. You were remiss and it is a criminal offence. Your tenant is using this threat as a means to divert attention from the rent arrears, but that is.... your fault!

Again - WRITE. If HSE or anyone comes knocking on your door, you must be able to show you have tried to carry out the inspection. So write requiring access for the inspection within the next 7 days, and get proof of posting. STOP TEXTING!

If the tenant refuses access, you will need to go to court to get access. That is the only way to mitigate your error.

The arrears you will have to deal with seperately. Is the tenant in a Fixed Term? Started when for how long? Or Periodic?

If fixed term there is not much you can do till 2 months rent is late. Then you issue a S8 Notice

If Periodic, just issue a S21 and give 2 months notice (assuming you've protected the deposit that is.....). Time to get a new tenant.

HSE (Gas Safety Certificate rules)

jjlandlord

OP did not text, he sent an email to which he got a reply. This is as good as a letter.

Arlee, have you got the keys to the property?
If so you could write again to your tenant stating that you intend to have someone carry out the check on given time and day (give a couple of days notice) and that they need not be there as you have the key.
Then the check should proceed as planned unless your tenant expressly refuse to allow it or propose a new date.

If they refuse, write that unless they allow access within 7 days you will instruct a solicitor to start court proceedings to obtain an injunction and that doing so the solicitor will seek all legal costs from them.

arlee

jjlandlord wrote: »

Having a valid gas safety certificate is your obligation before the law. Your tenant cannot sure you for not complying, but can inform the council which then would decide what to do, either directly fine you or give you a chance to put things right first.

Whether your tenant pays rent on time or not has no bearing on this.

Thanks for your advice.

I am trying to put thing right by arranging a gas safe check but tenant is being difficult and trying to use this as excuse for not paying rent.

arlee

G_M wrote: »

Stop texting and start writing. Keep it formal.

A gas safety inspection is not required at the start of a tenancy, but a valid certificate (issued within the preceeding 12 months) is. You were remiss and it is a criminal offence. Your tenant is using this threat as a means to divert attention from the rent arrears, but that is.... your fault!

Again - WRITE. If HSE or anyone comes knocking on your door, you must be able to show you have tried to carry out the inspection. So write requiring access for the inspection within the next 7 days, and get proof of posting. STOP TEXTING!

If the tenant refuses access, you will need to go to court to get access. That is the only way to mitigate your error.

The arrears you will have to deal with seperately. Is the tenant in a Fixed Term? Started when for how long? Or Periodic?

If fixed term there is not much you can do till 2 months rent is late. Then you issue a S8 Notice

If Periodic, just issue a S21 and give 2 months notice (assuming you've protected the deposit that is.....). Time to get a new tenant.

HSE (Gas Safety Certificate rules)

I renewed another 12 months with her and this time added her partner's name onto the agreement, yes, deposit is protected but inventory was done and signed only by her at the initial tenancy agreement, didn't do another inventory as nothing changed. will this be a problem?

G_M

Well the 12 month renewal means you ar stuck for.... 12 months (unless arrears = 2 months at time court action starts AND time court hears the case).

The deposit is fine.

The inventory should have been re-done at time of new tenancy esp as there was a change of tenants. Partner could claim that when he signed the tenancy, the inventory was already 12 months out of date.

arlee

G_M wrote: »

Well the 12 month renewal means you ar stuck for.... 12 months (unless arrears = 2 months at time court action starts AND time court hears the case).

The deposit is fine.

The inventory should have been re-done at time of new tenancy esp as there was a change of tenants. Partner could claim that when he signed the tenancy, the inventory was already 12 months out of date.

Is there anything I can do with the inventory? obviously its unlikely I can get her partner to sign the inventory.

And also there is a term in our renewed AST about early termination, that both parties can terminate the tenancy by giving 2 months notice to the other party.
This was what we both agreed when we renewed, but now I am not sure whether it valid or not by law as we signed a 12 months AST, not on periodic contract.

G_M

forge partner's signature?

This currently seems the least of your worries.