Should estate agent have done checks?

TroubledTarts

You don't need a gas certificate to sell a house but you do to rent it out.

Google it, the most passive aggressive retort.

mills112

https://forums.moneysavingexpert.com/discussion/comment/81967471#Comment_81967471

you do if you are selling the property with the tenant still in it as the council can find out and prosecute. This is google for you, if you don't want to google it yourself.

AI Overview

While a local council cannot technically "block" or "stop" a private property sale directly, they can take enforcement actions that make the sale extremely difficult or impossible to complete. Missing gas safety certificates and Electrical Installation Condition Reports (EICR) are primarily legal obligations for landlords (renting out a property) rather than home sellers. However, if the council is prosecuting an owner, it indicates serious safety breaches or illegal letting, which triggers several mechanisms: 

How Councils Can Disrupt the Sale

• Enforcement Notices (HHSRS): If the council inspects and finds dangerous conditions (due to no gas/electric checks), they can issue Improvement Notices or Prohibition Orders under the Housing Act 2004. These notices are registered against the property and will be flagged during conveyancing, causing buyers to withdraw or lenders to refuse mortgages.
• Preventing Rental/Usage: If a Prohibition Order is issued, it could prevent the property from being lived in, making it unattractive to buyers.
• Enforced Sale Procedure: If the council has carried out emergency safety works (because the owner failed to do so) and the owner does not pay the costs, the council can place a charge on the property and, as a last resort, force the sale to recover their costs.

What is Required for the Sale

• Gas Safety Certificate (CP12): Not legally required to sell, but necessary if selling with tenants.
• EICR: Not legally required to sell, but if you have done works without a Part P certificate (building regs), the council can force you to redo it, stall the sale, or fine you.

In short: If you are selling a house you live in, the council's prosecution for missing safety checks is unlikely to stop the sale directly, but it will create massive legal and buyer-confidence issues. If you are selling an investment property (landlord), the council can severely disrupt the process via enforcement notices or by creating debts against the property. 

silvercar

You wouldn’t buy the property with the tenant in situ. Current owner needs to ensure vacant possession for buyer. That will be in the conditions of sale. Without vacant possession the new buyer doesn’t complete.

All this talk of the current owners issues with their tenant and compliance with landlord law is a distraction.

TroubledTarts

As above the property is not being bought with tenant in situ. Your father in law is buying it not to become a landlord but to live in?

No gas Certificate required so please stop banging that non existent drum.

Section62

https://forums.moneysavingexpert.com/discussion/comment/81967369#Comment_81967369

…without these, the properties are not safe to be occupied…

That's like saying a car is not safe to drive if it doesn't have a valid MOT certificate. I.e. a misunderstanding of the relevant legislation.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81967358#Comment_81967358

When we sold our house the boiler was 25 years old and had never been serviced.

It worked perfectly and neither solicitors nor buyers were concerned.

If you are so concerned why is your fil buying the flat against your better judgement?

mills112

https://forums.moneysavingexpert.com/discussion/comment/81967616#Comment_81967616

i am concerned that the council is going to find out and stop the whole process or that the tenant won't be leaving as expected. if the tenant understood his rights, then the seller is stuffed, and so are we as we can't exchange.

i feel that the estate agents should have done some due dilligence when selling a property to make sure it isn't going to fall into this sort of scenario.

mills112

https://forums.moneysavingexpert.com/discussion/comment/81967529#Comment_81967529

if the council get wind or the tenant won't move out and report the landlord, then the whole process will fall over as it will get very complicated. i can only hope that he is actually going to move out as expected but he may realise his rights and stay put as well as report the landlord.

Myci85

I think this is the reason a lot of people advise not even starting the buying process on a tenanted property until they have left. A lot of EAs are oblivious (or at least act that way) about the fact that tenants don't actually have to leave on the date on a section 21 for example, and happily push through a sale that may not be able to actually complete for months if the tenant refuses to leave.

user1977

https://forums.moneysavingexpert.com/discussion/comment/81967655#Comment_81967655

When have you ever heard of a council “stopping the process”? Why would they even want to?