Major Problem

greatcrested

Slithery said:

Due to the lack of gas safety certificate at the beginning of the tenancy then as long as the rent is being paid the LL can now never legally evict.
Change the locks and you have nothing to worry about.

True. Though even better, rent may not need to be paid either. See my point 2) above.

Though make absolutely sure that a address was not provided elsewhere at the start eg on a letter, inventory or elsewhere before relying on S48. An address "for serving notices" must be provided in writing, but it does not have to be on the tenancy agreement (though usually is).

Slithery

greatcrested said:

Slithery said:

Due to the lack of gas safety certificate at the beginning of the tenancy then as long as the rent is being paid the LL can now never legally evict.
Change the locks and you have nothing to worry about.

True. Though even better, rent may not need to be paid either. See my point 2) above.

Though make absolutely sure that a address was not provided elsewhere at the start eg on a letter, inventory or elsewhere before relying on S48. An address "for serving notices" must be provided in writing, but it does not have to be on the tenancy agreement (though usually is).

In the OP they say...
 ...address on AST is no longer valid as checked it.

[Deleted User]

Slithery said:

Due to the lack of gas safety certificate at the beginning of the tenancy then as long as the rent is being paid the LL can now never legally evict.
Change the locks and you have nothing to worry about.

That's not actually true.  In the case Trecarrell House Ltd v Rouncefield [2020] the conclusion was that a landlord’s failure to provide a tenant with a valid gas safety certificate prior to their occupation of a property does not prevent a landlord from serving a section 21 notice, provided the certificate has been sent to the tenant prior to the landlord serving the section 21 notice.

Also, the lack of a GSC only prevents a valid Section 21 being issued in England, it isn't a prerequisite in Wales as the Deregulation Act (2015) only applies in England.

https://landlordlawblog.co.uk/2018/02/13/bad-news-landlords-section-21-gas-safety-certificates/

Not to mention that in England a Section 8 notice is not invalid due to a lack of GSC.

[Deleted User]

@sassy-one My advice to your relative would be to:

1. Change the locks
2. Report the landlord to Rent Smart Wales
3. Report the landlord to HSE for lack of gas safety certificate
4. Call the police if the landlord attempts an illegal eviction. 

Slithery

Lover_of_Lycra said:

Slithery said:

Due to the lack of gas safety certificate at the beginning of the tenancy then as long as the rent is being paid the LL can now never legally evict.
Change the locks and you have nothing to worry about.

That's not actually true.  In the case Trecarrell House Ltd v Rouncefield [2020] the conclusion was that a landlord’s failure to provide a tenant with a valid gas safety certificate prior to their occupation of a property does not prevent a landlord from serving a section 21 notice, provided the certificate has been sent to the tenant prior to the landlord serving the section 21 notice.

In that case there was an existing gas safety certificate when the tenancy began but the LL simply failed to provide a copy to the tenant.

In this case the gas safety certificate never even existed in the first place, I believe that case precedence hasn't yet been set for this situation.

[Deleted User]

Slithery said:

Lover_of_Lycra said:

Slithery said:

Due to the lack of gas safety certificate at the beginning of the tenancy then as long as the rent is being paid the LL can now never legally evict.
Change the locks and you have nothing to worry about.

That's not actually true.  In the case Trecarrell House Ltd v Rouncefield [2020] the conclusion was that a landlord’s failure to provide a tenant with a valid gas safety certificate prior to their occupation of a property does not prevent a landlord from serving a section 21 notice, provided the certificate has been sent to the tenant prior to the landlord serving the section 21 notice.

In that case there was an existing gas safety certificate when the tenancy began but the LL simply failed to provide a copy to the tenant.

In this case the gas safety certificate never even existed in the first place, I believe that case precedence hasn't yet been set for this situation.

If the property in England that might be relevant but it’s not. The property is in Wales where the Deregulation Act (2015) does not apply. 

sassy_one

Yes, the Gas Safety Certificate has never been supplied or provided.
And when they spoke to next door, where the landlord also rents out, they said they had issues regards the boiler and the landlord wanted the tenant in there to claim a free boiler on one of those Warm Front Grants or put up with it.

Gas was previously cut off the grid due to a serious gas leak, which the board stated apparently had been slow leaking for sometime.
No carbon detectors either.

The address on the tenancy is not the landlords, as its been checked, and hasn't been for sometime.
They went around there a while back and no one knows of the person.
Apparently they've had previous council summons go to the address too, and so has my family member, they've had summons for no payment of council debt received at the address so the council have no idea its a rental even or the guys address.


The deposit wasn't a small amount either, although was only one months rent.
Initially he wanted it all in cash the rent payments until they said they couldn't and had to be by transfer.

All the deposit schemes have been contacted and confirmed no deposit has and never has been lodged.
Rentsmart confirms landlord isn't registered and neither are the addresses what the family member knows he owns and rents out.

I suspect the deposit has been lost, from what I've been told, as stupid as it sounds now, no receipt, although it is contained in the tenancy the deposit so possibly confirms it.

I add to they've not had hot water for months now, the boiler works for heating but under tap demand surges, they've had to use kettles for hot water.

All that with this guy going in the property without permission, for unknown reasons, they are genuinely scared now that one day they'll come home and find he's thrown them out.

macman

If they change the locks then he can only 'throw them out' by forcing entry, which then becomes a criminal matter. Follow greatcrested's sound advice, which is spot-on. 
The debate about the consequences of no GSC are irrelevant. If an S21 is served now, 6m notice must be given, and actual eviction would be a year or more away.
It has to be said again-why do so many people wait until an issue arises before checking that their deposit has been protected, rather than within 30 days of commencing the tenancy?
In the case of a rogue LL like this who breaches every regulation going, the only sanction that is going to produce any action is the cessation of rental income, which the tenant can now lawfully do.

sassy_one

Are we all on the same page now, regards stopping rent payments?
I want to make sure I pass the correct information on.

The T wants to move on, but can't do so unless the deposit is given back to them.
Which clearly won't be done and can't even be requested with no contact from the landlord ignoring all contact.
Attempts made again this morning, all ignored.

If you could advise how next to proceed, such as withholding rent payments.
As unsure but even if the landlord did manage to start legal action for rent arrears, would any court in this country allow it to be heard given the landlord has breached every letting law going.

Thank you again for all the assistance 

anselld

sassy-one said:

Are we all on the same page now, regards stopping rent payments?
I want to make sure I pass the correct information on.

I am not sure about the legality of withholding rent.  A Section 48 address was given and would be assumed valid until another was given.  It is may be difficult to prove (in Court) that the address is invalid.

None the less I would agree in a practical sense that withholding the final months rent is the only likely way to recover the deposit, but it should only be done when other accommodation has been secured.   The T should not rely on the return of deposit for their next deposit.  It never happens that way, even with a decent fully law-abiding Landlord.