Is a lack of Gas Safety Certificate a breach of tenancy on the landlord’s part?

Dan84 · 9 March 2019 at 12:35PM

Hi, myself and partner have found ourselves in a serious predicament and was hoping for a bit of advice if possible please...
We’re currently renting and an opportunity came about to get onto the property ladder and purchase our very first home (shared ownership). It wasn’t planned but literally just came about after seeing the development randomly.
We’ve now exchanged contracts on our purchase and approached our landlord about leaving. It turns out that we’re tied into our current tenancy until the end of July although we have a completion deadline on our purchase of March.
The landlord has put us in touch with her agent (even though they haven’t been managing the property) to go through an early release/surrender. The landlord will agree to an early surrender but only on the basis that we agree to a number of conditions set.
-if they can’t find a tenant we’re still liable for rent/utilities/council tax etc up until the end of the tenancy.
-the difference in the rent achieved if less
- the agents re-letting fees
-a 7 day grace period between us moving out and the new tenants moving in.
I’ve tried to negotiate explaining that we’ll be accommodating around viewings and are happy to pay the fees but can’t be responsible for all of the other conditions set, if they don’t secure a tenant as just isn’t financially viable for us. The agent have said that the conditions are non-negotiable and we’re now in stalemate.

Would anyone have any suggestions on how we can move forward whilst keeping our financial liabilities to a minimum?
To add we don’t currently have a valid Gas Safety Certificate and haven’t done for the last two years. Could we use this as breach of tenancy? I’ve asked the landlord for a copy twice. First request was ignored, second request was told to ask the agent. I asked the agent, with the first request ignored and the second was told that it wasn’t their responsibility as they’re on a “let only” basis. (Landlord request by text / agent request by email).

Any help/advice would be really appreciated.
Thanks everyone!

silvercar · 9 March 2019 at 12:59PM

Agreeing to those conditions would lessen the financial blow. I can’t see any other option.

Gas certificate is a different issue and isn’t a ‘get out jail of free card’.

anselld · 9 March 2019 at 1:02PM

You can report the lack of Certificate but it is not going to help with early surrender.

The terms don't seem entirely unreasonable and you are not in a strong negotiating position unfortunately.

Need to clarify that the "difference in rent achieved" only applies to the end of tenancy.

00ec25 · 9 March 2019 at 1:03PM

you exchanged contracts on a purchase without thinking about whether you can end your tenancy? There is a word for such behaviour: fxxl

yes the lack of a GSC is leverage, but the penalty has no impact on you whatsoever since it would be a matter between the LL and the HSE and such a blunt instrument will doubtless rebound on you

Dan84 · 9 March 2019 at 2:02PM

Thanks Anselld.
To clarify... landlord/agent would hold us responsible for the difference in rent achieved if any up until the end of the agreed term.

Dan84 · 9 March 2019 at 2:07PM

Fair comment! Although our purchase/new home is on a shared ownership scheme, “ticked all our boxes” and therefore isn’t like we’ve got the pick of the open market. There were only six houses available and they were all sold on the first block viewing. We really didn’t want to lose the house so felt like we had no choice!

HampshireH · 9 March 2019 at 2:14PM

Its 4 months.

Your choices are pay 4 months rent and bills

Or

Do as the landlord and agent ask and possibly be better off if they get a tenant.

Have you read your contract? I've never known anyone not know when it was due to end before

lookstraightahead · 9 March 2019 at 2:40PM

The landlord also has commitments. They're not there for your benefit, they run a business. What about if out of the blue you didn't get paid from work for four months?

lookstraightahead · 9 March 2019 at 2:42PM

If I were your landlord I would just say tough. Sorry not sure why you feel entitled not to pay for the goods you are receiving ?

Mr.Generous · 9 March 2019 at 2:58PM

Landlord must be stupid but why on earth didn't you chase up gas safety after 12 months? Tell me its not an all electric flat or something? Oil fired heating?