Serving Section 21 - missing Gas Safety Certificate

GDB2222

deannatrois said:

Hmm with months until the tenant can move out (via a possession order and bailiffs warrant).., that might have some benefit to the LL but actually cause a great deal of problems for the tenant.  Yes, being a LL is a business, but its not a punishment station.

I entirely agree, but if the tenant falls far enough behind with the new rent, the landlord can then gain possession despite the lack of GSC. 

It seems to me that we are advising the landlord here what his options are. It’s up to him and his conscience which he chooses. The tenant is not really treating the landlord all that fairly, after all.

Anyway, perhaps that can be left as a last resort if the possession hearing fails.

Bodkin64

Right, having spoken to the agent this morning I realise that the description of the timeline in my original post was not accurate. Have been guilty of letting the agent and solicitor run with this and both are hard to pin down.
The S21 was raised over 6 months ago, and the notice period expired last month. Why no checks on completeness of GSRs was done at that stage I have no idea, but moaning after the event about our agent isn’t going to help now. Evidently when this was raised the tenant spoke to the local authority and was told that if he accepted the S21 he would be making himself voluntarily homeless so he was obliged not to accept it. Perhaps different local authorities have different rules on this. The solicitor is now preparing a possession order and it is this which has brought to light the missing GSR. According to the agent, full evidence of historic GSRs is only required to accelerate the possession order process, apparently it would still go to court without it but just take a lot longer. I understand that the engineer who carried out the inspection retired last year and was instructed by GasSafe to destroy any records over 2 years old. However I also understand now that the engineer would be prepared to tell the court if necessary that he carried out the inspection. Not spoken to the solicitor yet, and things may become clearer after that

AdrianC

You're blaming the agent for the lack of GSC - but it is you who is legally responsible.

greatcrested

Malcyb said:

Evidently when this was raised the tenant spoke to the local authority and was told that if he accepted the S21 he would be making himself voluntarily homeless .....

. According to the agent, full evidence of historic GSRs is only required to accelerate the possession order process, apparently it would still go to court without it but just take a lot longer.......

However I also understand now that the engineer would be prepared to tell the court if necessary that he carried out the inspection. Not spoken to the solicitor yet, and things may become clearer after that

So the council now know about the missing GSR, and so yes, they are likely to turn down an application for housing unless the tenant contests the S21.

The agent is wrong. Read the Appeal Court case Trecarrell House V Rouncefireld 2020 I linked you to earlier. The issue here is not ' full evidence of historic GSRs", it is the missing GSR on the date the tenancy started.

Whether the egineer's evidence would satisfy the judge is uncertain. It would depend on the judge.

To further clarify the law on this issue:

The Gas Safety (Installation and Use) Regulations 1998 impose various obligations on residential landlords. These include a requirement to carry out an annual gas safety inspection (reg.36(3)); to give a tenant a copy of a gas safety certificate within 28 days of any such inspection (reg.36(6)(a)); and, to give the current certificate to any tenant prior to occupation (reg.36(6)(b)).

Section 21, Housing Act 1988 creates a “no fault / notice only” ground for possession against an assured shorthold tenant. A notice may not be given at a time when a landlord is in breach of a prescribed requirement (s.21A, 1988 Act). The prescribed requirements include reg.36(6) of the Gas Safety (Installation and Use) Regulations 1998, save that “… the requirement… is limited to the requirement on a landlord to give a copy of the relevant record to the tenant and the 28 day period for compliance with that requirement does not apply” (reg.2(2), Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015).

wackyjoe332

Hi, Just reading through this old blog, can the author update us to what happened in the end and if the tenants did move and through what process please? 

Joey122

would also love to know what happened x