Is my tenancy void?

badger2016

When I moved in May 2018, I had a gas safety cert but no gas because the gas board had ripped it out (its gas central heating) due to prev tenants debt. Agency apparently didn't know. Agency only people locally with keys.
I had a meter installed and requested a new safety check done.
I had a new gas safety check done in the summer as it needed renewing.

On closer inspection, my gas safety cert on move in has a different address on and refers to a boiler in a kitchen (mines upstairs in an airing cupboard)..
My house is for sale so I've found alternative accommodation but can't leave til Jan as per the break clause. I'll lose the other property if I can't go in December. The LL won't negotiate on the notice period.
With the gas safety cert issue can I just walk? Is my contract enforceable?
The agent says it would be an issue only if the LL wanted to evict me as per a previous court case as they can't serve a section 21...
If I go now I'm liable for rent til 18/1/19 and lose £800 deposit.... But is the contract legit if the gas safety cert was given to me with a different address on plus I had no gas.

[Deleted User]

badger2016 wrote: »

When I moved in May 2018, I had a gas safety cert but no gas because the gas board had ripped it out (its gas central heating) due to prev tenants debt. Agency apparently didn't know. Agency only people locally with keys.
I had a meter installed and requested a new safety check done.
I had a new gas safety check done in the summer as it needed renewing.

On closer inspection, my gas safety cert on move in has a different address on and refers to a boiler in a kitchen (mines upstairs in an airing cupboard)..
My house is for sale so I've found alternative accommodation but can't leave til Jan as per the break clause. I'll lose the other property if I can't go in December. The LL won't negotiate on the notice period.
With the gas safety cert issue can I just walk? Is my contract enforceable?
The agent says it would be an issue only if the LL wanted to evict me as per a previous court case as they can't serve a section 21...
If I go now I'm liable for rent til 18/1/19 and lose £800 deposit.... But is the contract legit if the gas safety cert was given to me with a different address on plus I had no gas.

The letting agent is correct. Regardless of the gas safety certificate you have a valid AST.

anselld

An administrative mistake on the cert does not "void" the contract.
I understand you will be liable for rent for the notice period, but why would you lose the deposit? The deposit should be held in a scheme against any damages to the property and you should challenge any unfair deductions from it.

princeofpounds

The gas safety issue is entirely separate to the existence of your AST contract.


There are two explanations for the gas safety certificate being for the wrong property. One is an innocent administrative mistake. The other is that it is being used to cover the fact that the system hasn't been checked. The former is arguably more likely (why pay for an inspection on a different system just to provide a dummy certificate?) unless perhaps it's just a copy that has been used multiple times.


You should ask in writing for a correct gas safe certificate. If one is not provided, you can report the LL to HSE, but in the first instance they might just warn him and compel him to get a new inspection so it's not a huge lever to pull in any negotiation.


Did you pay a deposit and was it protected in a scheme?

theartfullodger

Your contract is not void.

But you could try negotiation with this disgrace of a landlord and/or involve council further

Artful: Landlord

badger2016

The address is that of another property a road away that was let at a similar time.
Yes my deposit is in the scheme.

SmashedAvacado

you perhaps should get the landlord to get the boiler inspected asap - carbon monoxide is a killer and whilst it might give you leverage if you dont have one, its better to be alive and safe.

FreeBear

SmashedAvacado wrote: »

- carbon monoxide is a killer and whilst it might give you leverage if you dont have one, its better to be alive and safe.

There should also be a Carbon Monoxide alarm fitted in the same room as the boiler and a smoke alarm on each floor of the property - https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords/the-smoke-and-carbon-monoxide-alarm-england-regulations-2015-qa-booklet-for-the-private-rented-sector-landlords-and-tenants

Even if there is a CO alarm, it is worth buying a new one - For £15 or so, it could save your life and you get to take it with you when you move.

G_M

FreeBear wrote: »

There should also be a Carbon Monoxide alarm fitted in the same room as the boiler and a smoke alarm on each floor of the property - https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords/the-smoke-and-carbon-monoxide-alarm-england-regulations-2015-qa-booklet-for-the-private-rented-sector-landlords-and-tenants

Even if there is a CO alarm, it is worth buying a new one - For £15 or so, it could save your life and you get to take it with you when you move.

There is no requirement for a CO alarm. Read the link! It says:

a carbon monoxide alarm in any room used as living accommodation where solid fuel is used -

OP has not said the property has solid fuel.

G_M

This was clearly an admin error - the landlord had 2 gas inspections done and provided the wrong one, hence wrong address. These things happen.

But whatever the reason, the tenancy is not void. At worst, the tenant could complain to HSE about lack of gas safety report and they could penalise the landlord, but that is unconnected to the legitimatcy of the tenancy.

If you leave without proper notice, or before the end of a fixed term, the deposit can be used for the consequntial rent arrears.


* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

badger2016

I got one when the gas was reinstalled and when it expired. But didn't have one for this address when I moved in