Gas safety cert expired after service of S21

Alleycat

Hi all, a family member was served a Section 21 notice a few months ago which expired at the end of last month. During that time, the gas safety certificate was due for renewal. The engineer couldn't sign off as the boiler was unsafe. Not enough to condemn but enough that it needs to be replaced. The boiler issue has been ongoing for a few years with periods of it not working etc. All of that was reported to the landlord at the time.

The landlord has now applied to court for possession but my question is whether or not this would invalidate the S21 or possession proceedings?

My family member is unsure what their rights are and what steps they should take. They are trying to be rehoused by the council as they cannot afford the proposed rent increase (hence the notice) and are over-occupying.

Thanks for any guidance on the validity of the notice.

sammyjammy

A boiler is either safe or its not safe there is no inbetween!

Albermarle

 The engineer couldn't sign off as the boiler was unsafe. Not enough to condemn but enough that it needs to be replaced. 

If it is unsafe and needs replacing, surely that is the same as condemning it ?

propertyrental

As above. What exactly does the report say?

As for your Q, if there was a valid gas report on the date the S21 was served, then the S21 is valid (assuming all other criteria were also met).

AskAsk

propertyrental said:

As above. What exactly does the report say?

As for your Q, if there was a valid gas report on the date the S21 was served, then the S21 is valid (assuming all other criteria were also met).

I was wondering this.  Whether the gas safety expire after the notice, would invalidate the notice, as access to the property after notice may be of contention, if relations fall out with the tenant after the notice is served.

propertyrental

AskAsk said:

propertyrental said:

As above. What exactly does the report say?

As for your Q, if there was a valid gas report on the date the S21 was served, then the S21 is valid (assuming all other criteria were also met).

I was wondering this.  Whether the gas safety expire after the notice, would invalidate the notice, as access to the property after notice may be of contention, if relations fall out with the tenant after the notice is served.

If the gas report has expired, of course the LL should arrange re-inspection and a new report. Annual reports are a legal requirement in rentals.

But the OP asked specifically about the validity of the already-served S21.

If the T is obstructive with regards access by an engineer for a new report, the LL should follow H&S guidelines

Access to the property

The contract you make with your tenant should allow you access for any maintenance or safety check work that needs to be done. You must not use force to enter the property. For more information see regulation 39 of the Gas Safety (Installation and Use) Regulations 1998.

A landlord has to show that they took all reasonable steps to comply with the law. HSE recommends the following actions and strongly advises that a record be kept of all correspondence with the tenants:

• leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details;
• write to the tenant explaining that a safety check is a legal requirement and that it is for the tenant's own safety. Give the tenant the opportunity to arrange their own appointment;
• HSE inspectors will look for repeated attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances.

https://www.hse.gov.uk/gas//landlords/dealing.htm

AskAsk

propertyrental said:

AskAsk said:

propertyrental said:

As above. What exactly does the report say?

As for your Q, if there was a valid gas report on the date the S21 was served, then the S21 is valid (assuming all other criteria were also met).

I was wondering this.  Whether the gas safety expire after the notice, would invalidate the notice, as access to the property after notice may be of contention, if relations fall out with the tenant after the notice is served.

If the gas report has expired, of course the LL should arrange re-inspection and a new report. Annual reports are a legal requirement in rentals.

But the OP asked specifically about the validity of the already-served S21.

If the T is obstructive with regards access by an engineer for a new report, the LL should follow H&S guidelines

Access to the property

The contract you make with your tenant should allow you access for any maintenance or safety check work that needs to be done. You must not use force to enter the property. For more information see regulation 39 of the Gas Safety (Installation and Use) Regulations 1998.

A landlord has to show that they took all reasonable steps to comply with the law. HSE recommends the following actions and strongly advises that a record be kept of all correspondence with the tenants:

• leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details;
• write to the tenant explaining that a safety check is a legal requirement and that it is for the tenant's own safety. Give the tenant the opportunity to arrange their own appointment;
• HSE inspectors will look for repeated attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances.

https://www.hse.gov.uk/gas//landlords/dealing.htm

Yeah, I saw that when I served notice and wondered if I should get the gas safety updated before notice, even though it had not ran out, in case the tenants don't allow access after notice.  It seems to state that section 21 is valid, if the gas safety was in force at the time the notice was served.

Alleycat

Thanks for the guidance so far. She is not intending to be difficult and is allowing access for anything needed. The landlord has got one quote 4 weeks ago but she's heard nothing since. She would like the boiler to be replaced and to be safe in the property with a new certificate. Just need to understand whether the landlord can proceed with eviction whilst this is still outstanding.

propertyrental

Alleycat said:

.........Just need to understand whether the landlord can proceed with eviction whilst this is still outstanding.

And now you do.