Is a Tenancy Agreement Valid if no Gas Safety Certificate?

HilarySmith

I rented my house out 9 weeks ago and the tenant and myself both signed a Tenancy Agreement for 1 year.

Last week my tenant wrote me saying they were going to leave to move in with their sister. I remind them of the tenancy agreement and they said they would go and see CAB to break it.

They came back and said because I didn't provide a Gas Safety Certificate the contact was void.

I hold my hands up as this was an error by me. I had British Gas check the boiler but didn't get the official certificate.

Upon this news I invoked my right to access the property with 24 hours notice and along with a Gas Safety Registered Engineer entered the property. We had the test and now I have the certificate and provided a copy to the tenant.

The tenant is saying that regardless to the fact I now have the certificate they are still leaving and have now not paid this months rent despite still being in the property for a few more days.

My questions therefore are:

A) Was the contact valid despite not having a Gas Safety Certificate? Do they have the right to cancel because of this?

If I go through the small claims court, am I risking getting in trouble myself for accidental breaking the law for 9 weeks?

Peter333

HilarySmith wrote: »

I rented my house out 9 weeks ago and the tenant and myself both signed a Tenancy Agreement for 1 year.

Last week my tenant wrote me saying they were going to leave to move in with their sister. I remind them of the tenancy agreement and they said they would go and see CAB to break it.

They came back and said because I didn't provide a Gas Safety Certificate the contact was void.

I hold my hands up as this was an error by me. I had British Gas check the boiler but didn't get the official certificate.

Upon this news I invoked my right to access the property with 24 hours notice and along with a Gas Safety Registered Engineer entered the property. We had the test and now I have the certificate and provided a copy to the tenant.

The tenant is saying that regardless to the fact I now have the certificate they are still leaving and have now not paid this months rent despite still being in the property for a few more days.

My questions therefore are:

A) Was the contact valid despite not having a Gas Safety Certificate? Do they have the right to cancel because of this?

If I go through the small claims court, am I risking getting in trouble myself for accidental breaking the law for 9 weeks?

I doubt if not having a gas safety certificate makes the tenancy agreement invalid. But you (as a landlord) can be prosecuted for not providing one.

Failure to follow gas safety requirements is a criminal offence and the HSE can issue a formal caution and may prosecute the landlord.

http://www.gassaferegister.co.uk/advice/renting_a_property/for_tenants.aspx

As for the part of your post I have bolded: using your 'right' to access the property with 24 hours notice purely to get a gas safety certificate, to use against the tenant, is not going to go in your favour if you try and challenge the tenants. The fact is, you did not have one for the first 9 weeks they were in there, and only got one (it seems) when it suited you. Maybe that is not the case, but that is how it looks.

So I would just let them leave if I were you. Cut your losses, think yourself lucky, and make sure you get it done before the next tenant moves in!

jasminefish

What would be "realistically" the worst punishment since it has been resolved now? I can handle a slap on the wrist or small fine. Prison though wouldn't be great!

G_M

HilarySmith wrote: »

My questions therefore are:

A) Was the contact valid despite not having a Gas Safety Certificate? Do they have the right to cancel because of this?

If I go through the small claims court, am I risking getting in trouble myself for accidental breaking the law for 9 weeks?

A) Yes. Valid.
No, they can't cancel. They could report you to HSE, who could fine you. That's all. Now that you have a Gas report, HSE will not be interested.

No. See above.

newbie1980

i would be inforcing the tennancy otherwise whats the point in having one
did you have landlord insurance with legal on it
if so thats where you need to go to

just because you did not have a gas cert is not enough to void the tennancy and as you have had it done within 24hrs of realising will show you are more than conciencous
also the fact you had british gas out would be i your favour

Guest101

Nothing much to add-

G_M is correct.

Is this likely to be getting a blood out of a stone situation in regards getting the rent due paid

fishpond

"Upon this news I invoked my right to access the property with 24 hours notice and along with a Gas Safety Registered Engineer entered the property. We had the test and now I have the certificate and provided a copy to the tenant"

The way I understand the law at the moment, as a landlord you have no right to enter the property unless a real emergency (fire , etc)certainly not to obtain a gas cert.
So even though the gas chaps may not now be interested the courts may well be.
So
1) Hope tenant is not on legal aid--could prove to be very expensive for you.
2) Let tenant go and get a new tenant
Note 1) Has the tenant given you(in writing) a date for their departure-if not , get one(in writing)--look into raising an s21, possibly an s8 running alongside
note:-You do not need a new gas cert as the one you now have is valid for a year

stator

Probably best to just write this one off rather than risk them making a fuss and getting a criminal record

Peter333

fishpond wrote: »

"Upon this news I invoked my right to access the property with 24 hours notice and along with a Gas Safety Registered Engineer entered the property. We had the test and now I have the certificate and provided a copy to the tenant"

The way I understand the law at the moment, as a landlord you have no right to enter the property unless a real emergency (fire , etc)certainly not to obtain a gas cert.
So even though the gas chaps may not now be interested the courts may well be.
So
1) Hope she is not on legal aid--could prove to be very expensive for you.
2) Let her go and get a new tenant

note:-You do not need a new gas cert as the one you now have is valid for a year

Pretty much my sentiments.

Pushing his way in to enable him to get the safety certificate will just look (to the court,) that he only got the certificate because it suited him to do so, after being challenged by the tenants.

Peter333

stator wrote: »

Probably best to just write this one off rather than risk them making a fuss and getting a criminal record

Yes definitely.

The OP is just going to get himself into a heap of trouble IMO.

I would just learn from this mistake, cut my losses, and move on, if I were him.

jjlandlord

fishpond wrote: »

The way I understand the law at the moment, as a landlord you have no right to enter the property unless a real emergency (fire , etc)certainly not to obtain a gas cert.

No. The landlord has a right of entry upon 24 hour notice in order to inspect the property to check its state of repair. (I think you read the many, many times this has been repeated).
This difference with an emergency is that, in an emergency, the landlord is allowed not to give notice at all.

I think OP handled it in the right way.

In any case this is not relevant to the situation.

A gas safety check was required and has been carried out. There is no longer any GSC issue.