Renting problems: What should I do now?

Rent12345

In July I paid a deposit and signed a tenancy agreement to rent a room (HMO) for a short duration.

After signing this agreement I received none of the required "prescribed information", only an automated email from the scheme saying I had been added to a tenancy and to login. A few days ago I attempted to login to the deposit protection site but the tenancy details I provided (to login/sign up) were "incorrect" even though they matched the tenancy agreement information. So I contacted the letting agent and they sent me the deposit certificate. This certificate showed my name, deposit amount all correct however the address for the property was completely wrong.

Another issue was that the letting agent has not provided the gas safety certificate after multiple requests even though the tenancy has now commenced.

I'm unsure how to proceed now, I understand there is a requirement for prescribed information to be given within 30 days which has not happened and that the gas safety certificate must be given at the start of the tenancy. Should I just go for legal action now or allow the agent to resolve the issues? I understand the current situation means they can not make a valid Section 21 order (due to lack of deposit info and gas safety cert.), however if I start legal action and they end up providing the missing documents could they issue a valid section 21 later in tenancy?

Thank you for your help with this!

Rent12345

----------------

canaldumidi

Rent12345 said:

In July I paid a deposit Security deposit or holding deposit? See my post here:

Post 3: Deposits:

and signed a tenancy agreement to rent a room (HMO) for a short duration. Dates?

After signing this agreement I received none of the required "prescribed information", only an automated email from the scheme saying I had been added to a tenancy and to login. A few days ago I attempted to login to the deposit protection site but the tenancy details I provided (to login/sign up) were "incorrect" even though they matched the tenancy agreement information. So I contacted the letting agent and they sent me the deposit certificate. This certificate showed my name, deposit amount all correct however the address for the property was completely wrong.

Sounds like the deposit is registered but with an administrative error. Request in writing for the error to be corrected.

But if you have no PI, you can claim the penalty, either now (and see your LL relationship plummet!), or any time in the next 7 years. See also

TDS Sample PI:     Mydeposits: Sample PI

Another issue was that the letting agent has not provided the gas safety certificate after multiple requests even though the tenancy has now commenced.

Write to landlord. and/or report to HSE. See

https://www.hse.gov.uk/gas/domestic/faqtenant.htm

I'm unsure how to proceed now, I understand there is a requirement for prescribed information to be given within 30 days which has not happened and that the gas safety certificate must be given at the start of the tenancy. Should I just go for legal action now or allow the agent to resolve the issues? I understand the current situation means they can not make a valid Section 21 order (due to lack of deposit info and gas safety cert.), however if I start legal action and they end up providing the missing documents could they issue a valid section 21 later in tenancy?

The gas report is for your safety, so I would pursue it. HSE is a last resort so try to resolve via the LL and/or agent first.

Yes, S21 invalid if no gas report.

Whether a S21 will be valid if a gas report is later provided, and is valid on date the S21 is served, now depends I believe (following Trecarrell House V Rouncefireld 2020) on whether there was or wasn't a valid report when the tenancy started (as opposed to whether it was given to the tenant).