Past gas safety certificate expired. Repercussions?

Ellenpallister

Hi,
I let my home out whilst I lived abroad and left it with an estate agent to manage for the 2 years whilst I was away. The estate agent has created a litany of problems which has meant that my section 21 repossession attempt has been invalidated 3 times already.

The latest problem is that they let the 2017 gas safety certificate lapse by 2 weeks in 2018. In 2019 it has been completed in the correct timeframe along with a service.

I have chased the estate agent for evidence that they chased the tenants to get the safety certificate carried out in time in 2018. If they can’t provide evidence of this might my section 21 notice fail again when it gets to court? What remedies can there be for this?

Note: I am unable to get my home back under section 8 ground 1 as the estate agent failed to give prior notice. They also failed to secure the deposit in time (it took them 60 days) so that has been returned to the tenant already. The tenants are suing the estate agents for this failure too.

G_M

Have you checked all 88 questions here:
S21 checklist (Is a S21 valid?)

So there is now a current gas report dated within the last 12 months yes? See Q12.

Was there a valid Gas report on the date the tenancy started and was it given to the tenants? See Q12a. If not, see note 19 'partial defense'.

The fact that in the interim (2018) the report was late should not affect the validity of the S21 Notice (though it would be grounds for the HSE to slap your hand - if they could be bothered, or unless you could show the tenants had denied you access).

You are lucky the tenants are claiming the penalty for non protection of the deposit from the agents. They could claim off you.

Ellenpallister

Hi. Yes there was a valid certificate when the tenancy began. The certificate lapsed for 2 weeks last November. 4 months into their contract.

My understanding is that because I have a contract with the estate agents to carry out the management activities, should the tenants have sued me I could consequently sue the estate agents? I recognise that I’m lucky that the estate agents, as incompetent as they are, have put their hands up to their errors.

A lawyer has advised me I should apply to the court for an exemption for the prior notice for the section 8 ground 1 in case the court takes a dim view of the 2018 lapse.

Ellenpallister

Also thank you so much for the response. Really helpful

G_M

Ellenpallister wrote: »

My understanding is that because I have a contract with the estate agents to carry out the management activities, should the tenants have sued me I could consequently sue the estate agents?
Correct, provided your contract with the agent clearly made them responsible for this.

I recognise that I’m lucky that the estate agents, as incompetent as they are, have put their hands up to their errors.Indeed!

A lawyer has advised me I should apply to the court for an exemption for the prior notice for the section 8 ground 1 in case the court takes a dim view of the 2018 lapse.

I really don't think the court can invalidate the S21 basd on the lapse, provided
* a current gas report was provided at the start and
* a current gas report was provided within 12 months of the S21

S8 G1 does give the court discretion:

.....or the court is of the opinion that it is just and equitable to dispense with the requirement of notice.....

It can therefore do no harm to add this as belt & braces.

As S8 G1 requires 2 months notice, that aligns with the timescale for S21.


Given the problems you've had, do check all 88 questions in the checker.......! :think:

Ellenpallister

I have been trying to find the form to achieve this but have been going in circles on the gov.uk website. Any help finding the correct form would be really appreciated.

G_M

Which form?

* 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?

S21 Notice (Form 6a) & PI

Example S8



Hope they are up to date. Does your agent not have current forms? Or join a landlords association - fast! (RLA or NLA)

Ellenpallister

I mean the form to ask the court to dispense of the need for prior notice on the section 8 ground one notice due to exceptional hardship. I am going in circles on the website.

I have gone through the checklist you gave me and believe I’m good to go for that. However, can’t be too careful....

G_M

I assume the tenancy is periodic?


I have never completed or relied on a S8 Notice myself so not sure what the court expects, but I'd either


* add the explanation to section 4, or
* speak to a court official - they can advise on procdure and forms, but not give legal advice (so won't tell you what to write just where to write it!)

Jumblebumble

G_M wrote: »

Have you checked all 88 questions here:
S21 checklist (Is a S21 valid?)

So there is now a current gas report dated within the last 12 months yes? See Q12.

Was there a valid Gas report on the date the tenancy started and was it given to the tenants? See Q12a. If not, see note 19 'partial defense'.

The fact that in the interim (2018) the report was late should not affect the validity of the S21 Notice (though it would be grounds for the HSE to slap your hand - if they could be bothered, or unless you could show the tenants had denied you access).

You are lucky the tenants are claiming the penalty for non protection of the deposit from the agents. They could claim off you.

Does anyone on here think that the HSE would be in the slightest bit interested in this scenario?