Is a Tenancy Agreement Valid if no Gas Safety Certificate?

G_M

This debate (like several others recently on the board!) has become side-tracked, irrelevant, and misleading..

OP:

* neither the HSE, nor the courts, will be interested in the gas report issue. You are currently compliant with the law as you have a valid Gas Report

* The courts will not be interested in the access issue. You gave notice. It was a legally required purpose for which you entered. It was in the interests of the tenant's safety. It could not conceivably be considered harassment.

Endess ongoing debate about definitions of 'emergency', harassment, Quiet Enjoyment (no one's mentioned this to my surprise); contractual right of entry etc etc are pointless here.

* the rent was late but is now apparantly up to date, so S8 is irrelevant. In any case, the OP seems to want to hold the tenant to their fixed term (and claim the rent) not evict via a S8 or any other means.

* Biggest likely issue is if/when the tenants leave. Either

1) the tenancy will end (Early Surrender offered by T and accepted by LL) in which case the fixed term becomes irrelevant, or

2) the tenacy continues (T fails to return keys, &/or make formal offer to surender etc, and/or LL refuses to accept offer) in which case

a) landlord cannot enter, reclaim or re-let the property, and

b) landlord must pursue the T (through courts if necessary) for rent

fishpond

guest 101
For goodness sake, look up:- quiet enjoyment, harassment, tenant rights.
If you still do not understand, then hopefully (for your sake) someone with more time will explain.

GM
"(no one's mentioned this to my surprise)"
I did!(just)

mrginge

You are not going to jail or getting fined.
Tell these chancers that they have a contract and you will pursue them through the courts for any rent owed.
Then make them an offer to terminate.

mrginge

Guest101 wrote: »

Hilarysmith suggest you ignore fishpond, he/she is a ll with no knowledge. - check her previous posts. There is no criminal charge for the entry etc into property.

The gas i, and others, have mentioned already

Do you have to get into personal abuse or attacks on every thread you post in?

HilarySmith

Thanks everyone so far!

Should add that the tenant is saying they will this week and put kes through letterbox. They are late with December rent. Said will pay pro-rata what they owe! I ave not agreed to this.

Also regards the access, I asked if they cooker they had installed was done by a qualified engineer. It was not, it was her brother! I think that would give me right o access and have checked.

Guest101

mrginge wrote: »

Do you have to get into personal abuse or attacks on every thread you post in?

It wasn't personal. Fishpond was/is wrong. Either way, that's another poster added to ignore list.

Guest101

HilarySmith wrote: »

Thanks everyone so far!

Should add that the tenant is saying they will this week and put kes through letterbox. They are late with December rent. Said will pay pro-rata what they owe! I ave not agreed to this.

Also regards the access, I asked if they cooker they had installed was done by a qualified engineer. It was not, it was her brother! I think that would give me right o access and have checked.

You're fine

fishpond

HilarySmith wrote: »

Thanks everyone so far!

Should add that the tenant is saying they will this week and put kes through letterbox. They are late with December rent. Said will pay pro-rata what they owe! I ave not agreed to this.

Also regards the access, I asked if they cooker they had installed was done by a qualified engineer. It was not, it was her brother! I think that would give me right o access and have checked.

Sounds like you have a good result.
Hopefully lesson number 1 learned.

HilarySmith

I now need to figure out what I can take legal action for.

fishpond

Personally I would be grateful that it appears to have ended on a reasonable note, walk away, chalk it up as a mistake not to be repeated.