We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Can you sign a tenancy contract without a valid gas certificate?
kunkj
Posts: 24 Forumite
Posting on behalf of my sister 
She is in the middle of moving, and is being severely messed around by the lettings agent (detailed version below). Move in date has been pushed back 3 times now, and she was told yesterday afternoon that the gas safety certificate is expired and they will not let her a) sign the lettings contract b) get the keys until there is a valid gas safety cert.
Is this correct? I can understand that she wouldn't be allowed to move in until there is a valid gas cert but why is she not allowed to sign the contract until then either? Is there any legal or valid reason for that; is the agency totally incompetent; or is something shady going on? My sister is not a confrontational/stand-up for herself kind of person and I would appreciate any legal info that will help her back herself up.
Detailed version:
For anyone familiar with the areas, she is moving from Minehead to Taunton. The agency is located in Exeter, around 50 miles from her current house.
She and her partner view the property around 6 weeks ago. Said they wanted it, were told they needed to visit the agency to pay the application fees. Travelled to Exeter (100 mile round trip!) to be told 'oh actually we haven't actually checked with the landlord yet so you can't apply yet'.
Eventually they were allowed to submit the application form and pay the app & referencing fees.
They were then sent the wrong digital referencing form.
They chased up for the correct form (difficult because the agency never answers their phones and is very poor at responding to emails). Were resent the correct forms.
Submitted proofs of address & tax returns.
Were told the proofs of address & tax returns were out of date. These were not out of date, the agency misread the dates. Pointed out this mistake to the agency, the agency accepted them.
Digital referencing forms crashed. Chased up agency to reset/resend the forms (see above agency s**t at answering phone & emails).
Agency threatened to start taking viewings on the property again.
Chased up with agency about getting working forms. Agent said he was chasing it up with the referencing company they use. Agent then left the office for a long weekend without handing over to anyone.
The original move in date has now passed.
Chased up again. Agent now says can take references over the phone. Agent requests proof of address. Agent is told they have already accepted proof of address. Agent appears to have lost proof of address.
Agent finds proof of address but so much time has passed proof of address is now out of date.
Sister's partner travels once again to Exeter to submit new proof of address. Agency says its out of date. Its not out of date. Agency still can't read dates correctly. Agent accepts the proof of address.
Second move in date passes. Agent is not answering the phone, returning phone calls or returning emails. Eventually gets in touch to say move in is this Friday just gone.
Third move in date arrives. Agent contacts my sister to say that the gas safety certificate is not valid, the guy who was supposed to do the inspection is [??? missing, presumably severed ties with The Worlds Worst Lettings Agent] and she cannot sign the contract nor move in until this is sorted. Gives new move in date of Tuesday next week.
Would appreciate any advice/thoughts, thank you
She is in the middle of moving, and is being severely messed around by the lettings agent (detailed version below). Move in date has been pushed back 3 times now, and she was told yesterday afternoon that the gas safety certificate is expired and they will not let her a) sign the lettings contract b) get the keys until there is a valid gas safety cert.
Is this correct? I can understand that she wouldn't be allowed to move in until there is a valid gas cert but why is she not allowed to sign the contract until then either? Is there any legal or valid reason for that; is the agency totally incompetent; or is something shady going on? My sister is not a confrontational/stand-up for herself kind of person and I would appreciate any legal info that will help her back herself up.
Detailed version:
For anyone familiar with the areas, she is moving from Minehead to Taunton. The agency is located in Exeter, around 50 miles from her current house.
She and her partner view the property around 6 weeks ago. Said they wanted it, were told they needed to visit the agency to pay the application fees. Travelled to Exeter (100 mile round trip!) to be told 'oh actually we haven't actually checked with the landlord yet so you can't apply yet'.
Eventually they were allowed to submit the application form and pay the app & referencing fees.
They were then sent the wrong digital referencing form.
They chased up for the correct form (difficult because the agency never answers their phones and is very poor at responding to emails). Were resent the correct forms.
Submitted proofs of address & tax returns.
Were told the proofs of address & tax returns were out of date. These were not out of date, the agency misread the dates. Pointed out this mistake to the agency, the agency accepted them.
Digital referencing forms crashed. Chased up agency to reset/resend the forms (see above agency s**t at answering phone & emails).
Agency threatened to start taking viewings on the property again.
Chased up with agency about getting working forms. Agent said he was chasing it up with the referencing company they use. Agent then left the office for a long weekend without handing over to anyone.
The original move in date has now passed.
Chased up again. Agent now says can take references over the phone. Agent requests proof of address. Agent is told they have already accepted proof of address. Agent appears to have lost proof of address.
Agent finds proof of address but so much time has passed proof of address is now out of date.
Sister's partner travels once again to Exeter to submit new proof of address. Agency says its out of date. Its not out of date. Agency still can't read dates correctly. Agent accepts the proof of address.
Second move in date passes. Agent is not answering the phone, returning phone calls or returning emails. Eventually gets in touch to say move in is this Friday just gone.
Third move in date arrives. Agent contacts my sister to say that the gas safety certificate is not valid, the guy who was supposed to do the inspection is [??? missing, presumably severed ties with The Worlds Worst Lettings Agent] and she cannot sign the contract nor move in until this is sorted. Gives new move in date of Tuesday next week.
Would appreciate any advice/thoughts, thank you
0
Comments
-
is the agency totally incompetent
You know it.0 -
I'd more worried they "stole" the money, messing up on purpose, keep the money and look for someone else - more money.0
-
Miss_Samantha wrote: »You know it.
:doh: one of those if you don't laugh you cry moments I think....
Is there any way to bypass an incompetent lettings agency? I know if you're a tenant you can legally request the landlord's contact details but, I don't feel like prospective tenants have many options other than simply 'rent somewhere else'.0 -
I'd more worried they "stole" the money, messing up on purpose, keep the money and look for someone else - more money.
That's what worries me too, especially as this all happened around the time of the autumn statement abolishing lettings agent fees...my sister mentioned if this were the case she'd want to go through small claims court but that doesn't help with the immediate problem of whether or not she needs to start looking for another place or whether there's a way to sort out this current place.0 -
That's what worries me too, especially as this all happened around the time of the autumn statement abolishing lettings agent fees...my sister mentioned if this were the case she'd want to go through small claims court but that doesn't help with the immediate problem of whether or not she needs to start looking for another place or whether there's a way to sort out this current place.
Personally i'd start looking elsewhere.
If they're causing this much aggro now...0 -
Find another place with hopefully a better letting agent.0
-
Yes a contract can be signed without a GSR. A contract can be signed well in advance of the tenancy start date.
Yes in theory and in law, a valid GSR should be given to a tenant at/before the start of the tenancy.
In practice it could be provided shortly after - the worst that could happen is
* the landlord would be unable to evict the tenant till the GSR was provided
* the tenant could complain to H&SE. However if by the time the HSE wrote to the LL a GSR had been provided no action would be taken.0 -
99% certain my tenants signed the AST (via my lettings agent) before the GSC was done. Their thinking was to ensure the GSC started as close to the tenancy start date as possible (the property was empty prior to that).
If the tenant's application fell through, I would wouldn't have wasted money paying for the GSC for an empty property. The tenant signed about 3 weeks before the move in date & the GSC was completed in the week prior to the tenant moving in.0 -
I guess it's possible that the LL won't let your sister sign the contract, because the LL is worried that the property might fail the gas safety inspection (meaning the house might have no hot water or heating until remedial work is done, meaning your sister can't move in).
But it would be a bit alarming, if the LL had such little faith in the property's gas installation.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245.1K Work, Benefits & Business
- 600.7K Mortgages, Homes & Bills
- 177.4K Life & Family
- 258.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards