Tenant refusing to sign gas cert

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    Tenant refusing to sign gas cert

    Hello again all,

    I had to go to my BTL property with an electrician to replace light holder in the bathroom. At the same time I carried out a gas safety check. However, the tenant has refused to sign for it even though I have explained that it's a legal requirement.

    The current gas cert expires on the 5th of of January. however, i have a pending section 21 which expires end of January. I'm worried as I'm going to have to submit papers to court for posession when section 21 expires. where do I stand?


    #2
    I believe you need to have a gas cert in force when the s21 is issued. That should be the relevant one for court.

    FTA... I wonder if your tenant has been reading my Take a Break thread?

    Comment


      #3
      There is not any requirement from the tenant to sign the cert. What does this achieve?

      The only legal requirement is that you are in posession of a valid cert.

      Comment


        #4
        The new certificate is irrelevant in terms of the already given s21.

        You need to be able to evidence that you've given a copy. The tenant doesn't have to sign for it.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        Comment


          #5
          I had to go to my BTL property with an electrician........At the same time I carried out a gas safety check. However, the tenant has refused to sign for it...
          Are you saying that you carried out the check yourself?
          (You only mention yourself and an electrician).

          I do understand from a previous post that you say you are are a 'gas engineer'.
          I assume that you are Gas Safe registered?

          But I can also understand that your tenant might think you were trying it on, even if you showed him your 'ticket'.

          TBH I'm also not sure how a court would look at a landlord doing the GSC for his own rental properties, (Gas Safe registered or not).
          It would seem to give the possibility of an obvious conflict of interest.

          I think getting a 3rd party to do your GSCs would be a better idea

          Comment


            #6
            Originally posted by nukecad View Post

            I think getting a 3rd party to do your GSCs would be a better idea
            agree with that... might be regarded as a conflict of interest if relied on in court.

            the GSC has a space for a signature against "Signed on behalf of the Landlord/Home Owner" and I assume that is what your tenant is refusing to sign. But does the tenant need to sign it. Surely the GSC is valid without that signature which seems to be to be optional if, like me, the LL isn't actually present or an agent is managing on your behalf.

            Comment


              #7
              I'm gas safe registered and have been for many years.

              i have called both Gas Safe Register and HSE who have both said that it's absolutely fine as long as I've done the checks.

              As Tatemono states, signature isn't required by tenant to make the cert valid.

              thank you all for your replies, much appreciated as always.

              Comment


                #8
                Originally posted by bassmonster View Post
                i have called both Gas Safe Register and HSE who have both said that it's absolutely fine as long as I've done the checks.
                On the one hand, the proof that you've done the checks is the CP12. On the other hand, as it's your property, there's clearly a vested interest in your appliances passing the checks. If I was a solicitor representing your tenant in a dispute, I'd make sure the judge heard that loud and clear. At that point, it's not just your reputation as a landlord that's at stake, it's your entire career.

                If you're registered, surely you know other engineers who could do checks at your property in exchange for one of their jobs. Alternatively, you might want to get that info from the GSR and HSE in writing.

                Comment


                  #9
                  from what I understand - any work undertaken by a gas safe engineer is liable to be 'checked' by the third party (governing body) whenever they choose, so not completing the check properly could lose the engineer their 'registration;. when the check is done an electric printout is normally issued by the machine used for testing inc flue read outs, evidence enough for the landlord to prove a safe installation in my view.

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