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

Dan84

I can’t see anywhere in the tenancy that explains how much notice either the LL or myself need to serve either at the end of the tenancy or during.
Is this not something that should be included?

Thanks everyone for all of their input on this.

need_an_answer

Dan84 wrote: »

��������. I guess so! Just thought that with 3 months left on the term the LL may have shown a bit of compassion.

Why should the LL show you compassion...you signed a deal that would run for another 3 months and now want to break that deal and walk away.

If the situation had been reversed and the LL came to you(with no warning) with 3-4 moths still outstanding on your contract and asked for early termination my guess is you might have tried to dig your heels in and stay?


In the scheme of things how much is it going to cost you to maintain the contract until the end of the current period?

Its only an assumption,but if you have kept the property well and market conditions are good in your area then there is no real worry about getting new tenants,although you would be wise to at least budget for a month for you to vacate and new tenants be in simply because it may be easier to market an empty property going forward.


I appreciate that its very difficult to align the purchase of a property and the end of a rental period and occasionally there is an overlap...one month is not uncommon...ok so you've got 3 months or the incentive to try and find a new tenant.

need_an_answer

dotchas wrote: »

Personally as a Landlord if my tenants want to leave, I am happy to agree an early surrender. Why make life difficult for your tenants who have been paying you rent? Also I don't really want tenants in my property who resent being there. Abit of give and take? Or am I too soft to be a landlord?

I don't think you are soft with that view,I'd like to think that in that situation as a LL I too would try and work with the tenant.

However sometimes its difficult to rent certain properties at certain times of the year for example and the LL may be facing a longer void than they would have anticipated by signing a fixed term agreement.

I have a property that rents very easily for most of the year but between the months of November and Feb if tenants leave its always proved nigh on impossible to rent...I hold my breath each year over those months hoping that the current tenants want to remain!

Of course as a LL too, on that property I have planned for a larger void if necessary!

pickledonionspaceraider

Is there any way you could help find a new tenant - do you know anyone looking for a rental, at the mo?

Just an idea x

Dan84

pickledonionspaceraider wrote: »

Is there any way you could help find a new tenant - do you know anyone looking for a rental, at the mo?

Just an idea x

We’ve had one family round we know but wasn’t quite right for them. Maybe I can use an online letting portal myself and see what happens.
Thanks

G_M

Dan84 wrote: »

I can’t see anywhere in the tenancy that explains how much notice either the LL or myself need to serve either at the end of the tenancy or during.
Is this not something that should be included?

No. Not unless there is an aditional element to it eg
* a Break Clause or
* a Contractual Peiodic Tenancy following the fixed term

A fixed term tenancy, by definiion, starts on the start date and ends on the end date. No notice is required.

There IS additional protection for tenants granted by law (Housing Act 1988 ) that requires a landlord to serve a S21 Notice before any eviction of a tenant can take place(eg if the tenant does not leave at the end of the fixed term), but again - this does not need to be included in the tenancy agreement as it is the law.

missprice

Dan84 wrote: »

Fair play your completely right. The LL isn’t being unreasonable, just really concerned that if they don’t secure a tenant, I’m going to be liable for rent as well as a mortgage on our purchase and double utilities/council tax. Financially- my income just doesn’t cover that kind of expenditure.
Thanks

The council tax will depend on the councils rules, some give 50% off etc
The gas and electric and water will be minimal cos you wont be there. You don't need contents insurance or TV license.
So the rent, yes could be expensive so start trying to find a new tenant. Let the agency in for new photos if they want. Let the agency start advertising. Do viewings etc etc