Gas safety cert question

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    Gas safety cert question

    My tenant took occupation of my house on 6 April 2018 for a period of one year fixed (AST). The gas certificate was completed the previous day, ie 5 April and so expires on 4 April 2019. As soon as the tenant vacates we want to gut the house, refurbish and move in ourselves.

    I served the Section 21 requesting the tenant vacate on or after 5 April 2019, so I don't need to renew the gas certificate. However, the tenant is now hinting that she has no where to go and she will wait for the bailiffs to turf her out if need be. So my question is, if my tenant remains in the house after 5 April "illegally", I will then apply to the Court for an eviction order, do I still have to get the boiler checked, etc, as it will be ripped out as soon as the tenant leaves?? Thanks

    #2
    Yes, you need a gas safety certificate.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      The section 21 does not end tenancy nor compel tenant to leave. Nothing illegal, of course.

      Typical eviction timescales through courts 7 to 8 months.

      You need GSC . Of course.

      Don't make firm plans for refurb or moving back in.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        You won't be able to apply for a possession order without the gas certificate. Next time, only do six month tenancies.
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

        Comment


          #5
          Originally posted by LANDLADY43 View Post
          I served the Section 21 requesting the tenant vacate on or after 5 April 2019,
          If that is what it said, then it is probably not valid.

          do I still have to get the boiler checked, etc
          As above, "yes", otherwise you will be operating illegally..
          And you should get GSC done asap so that it does not lapse if work is required (but you seem to have left it a bit late to arrange).

          Gas Safe advised me that the new certificate must be issued on or before the anniversary of the earliest check for which the anniversary is carried forward, so you have until 5 April inclusive to get the GSC.

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