Gas safety certificate

thatoldchestnut

Hello,

I am potentially about to move into a flat with my girlfriend. I am wondering about the gas safety certificate: as I understand it, it is a legal requirement for the landlord to have one (and to show it to a tenant on request), though it would not invalidate the tenancy if they did not have one. At this stage we have filled in an initial form with the estate agent (this agent seems to be a bit of a one-man band and I'm not entirely sure what to make of him, but I don't really know him and am naturally cautious) but we have not actually signed an agreement as yet.

After we first viewed the property we asked to see the gas safety certificate. Initially the agent said it was in his office, but when I came to his office to see it, he couldn't find it and said the landlord had it. I rang back later that day, and he said he'd not heard back about it, and the next day, he said the landlord was abroad and not contactable, and he wasn't sure when he'd be back.

Now, this may or may not be true, but how should I play it, would you say? Should I insist on seeing it before signing anything? We do think the flat seems okay, but I don't want to be stuck there for six months if it turns out there's no certificate, because it may well end up with me reporting it to the HSE and it becoming a messy dispute.

Thoughts and advice very much welcome...

oldbaldman

thatoldchestnut wrote: »

but I don't want to be stuck there for six months if it turns out there's no certificate, because it may well end up with me reporting it to the HSE and it becoming a messy dispute.

Thoughts and advice very much welcome...

Being stuck there for 6 months may be the least of your worries. If the gas appliances are not safe and a danger to your health you may not last 6 months.

It is a legal requirement for good reason. See it, or look elsewhere if the LL can not sort it before you move in.

obm

thatoldchestnut

oldbaldman wrote: »

Being stuck there for 6 months may be the least of your worries.

Well, quite. My Dad is a landlord and he said if we're happy with the flat, it'd be fine to sign the tenancy, but he said that on the understanding that not having one would invalidate the tenancy, but when I read on another thread here that it would not, I'm having second thoughts...

Tarnishedglitter

I would be very very cautious about signing up to this flat. Apart from the fact that it could potentially be very dangerous, alarm bells always ring for me when letting agents start making excuses like they can't find paperwork, or can't get hold of the landlord.
Aside from the gas safety issue, I can almost guarantee you'll end up with other issues that the agent can't resolve for the same reasons, using the same excuses.

Good luck with whatever you decide to do.

Pixie5740

thatoldchestnut wrote: »

Well, quite. My Dad is a landlord and he said if we're happy with the flat, it'd be fine to sign the tenancy, but he said that on the understanding that not having one would invalidate the tenancy, but when I read on another thread here that it would not, I'm having second thoughts...

Your dad should join a landlords association and possibly take a course or two if he's a LL as he's talking absolute twaddle.

Not having a GSC does not make the TA null and void. A lack of GSC would be a red flag to me as a T as I'd be wondering what else the LK hadn't done. A GSC shows that the gas appliances were safe on the day of testing. Even with a valid GSC you should get CO alarms.

thatoldchestnut

Tarnishedglitter wrote: »

I would be very very cautious about signing up to this flat. Apart from the fact that it could potentially be very dangerous, alarm bells always ring for me when letting agents start making excuses like they can't find paperwork, or can't get hold of the landlord.
Aside from the gas safety issue, I can almost guarantee you'll end up with other issues that the agent can't resolve for the same reasons, using the same excuses.

Good luck with whatever you decide to do.

Thanks. Yes, this is my worry too. It could be totally genuine for all I know, but to me, for him to be indefinitely overseas and uncontactable feels a little bit too convenient. Unless they're holidaying on a secluded desert island, I would've thought someone should be able to get a message to them.

G_M

1) no gas ceetificate will not make the tenancy invalid. You will still be contractually bound for the length of the fixed term

2) not seeing the gas cert might be a reason to walk on and find another property, but if you like the property, and the rent, I would not be put off

3) once you sign the tenancy agreement

a) write (a letter!) to the landlord at the address provided (which may/may not be c/o the agent) asking fo the certificate.

b) if no response (or an excuse is given) then

i) buy yourself a CO alarm and
ii) report the matter to HSE via form LGSR1. here

Tarnishedglitter

thatoldchestnut wrote: »

Thanks. Yes, this is my worry too. It could be totally genuine for all I know, but to me, for him to be indefinitely overseas and uncontactable feels a little bit too convenient. Unless they're holidaying on a secluded desert island, I would've thought someone should be able to get a message to them.

Absolutely. At the end of the day you have to go with your gut feeling. I think just based on my own experience both buying and renting, paperwork not being at hand or certain parties not being contactable is a bit of a warning sign.

It's an extreme example but when we were buying our flat we asked for a gas safety certificate numerous times, and were just met with silence. When we finally had it checked by an engineer the boiler and gas oven hadn't been fitted properly and there was gas leaking into the flat when they were turned on!

I've always had a better experience going with a private landlord to be honest. It's often their business so they know what they're talking about, and have all the paperwork and certificates in place. That's only my experience though!