Gas safety certificate nightmare

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    Gas safety certificate nightmare

    Hi, asking this for a friend (no, seriously, I am).
    Beginning of the year they agreed to rent their property to somone they considered almost family. As a favour they charged no bond, let them have the first 7 weeks rent free and have discounted their rent every month ever since due to their financial hardships.
    My friend realised recently that they had not provided a gas safety certificate, the boiler had been serviced the month before the 'tenants' moved in and due to some very serious health issues within my friends immediate family this was confused with the issue of a GSC.
    Mistake realised my friend has now had the GSC done with no problems detected but they are wanting to serve notice for the tenancy to end at the 12 month mark through S21 as firstly the tenants never seem to want to pay rent and also health issues mean they want to realise a modest capital excess from the sale of the property tenant free.
    Now, they acknowledge that they should have had the GSC done and hold their hands up, genuine mistake and they hardly fit the description of 'slum landlord' but the law is what it is.
    Question is: if S21 is now not possible just HOW do they get their house back?
    Many thanks.

    #2
    Did your friend ever live in the house?
    Is the property in England, Scotland or Wales?
    When did the tenancy start?

    Comment


      #3
      The tenant may not know that the s21 is invalid and may just leave.

      If they are in more than 2 months arrears, the landlord could use s8g8 which doesnt require the GSC to be served prior to moving in. Is there any kind of tenancy agreement? Otherwise it may be difficult to know what the normal rent is supposed to be.

      Comment


        #4
        Hi there is a tenancy agreement in place that makes provision for eviction if rent arrears hit a certain amount. The property was lived in by my friend for over a year prior to letting their desperate friends move in. The house is in England. We hope that they are not clued up on the s21 situation but I suspect that they will be looking into it, one of them is a right skiprat.

        Comment


          #5
          The landlord may serve a valid s8 notice if only 1p is underpaid only 1 day. 'sfunny how many "experts" seem unaware of this. Option to "nudge" tenant for only the price of a stamp.

          How do they get "their" house back? Learn how to post questions on forums themselves (if not prepared to do this simple thing just walk away.. they are a waste of efffort...0 and get educated in how to be a landlord, evictions, etc e.g. NRLA courses...
          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


            #6
            Given the relationship, serving notice isn't the most obvious next step.
            Telling the tenants that the landlord intend to sell the property and that, as a result, they'll need to find somewhere else to live, but everyone can be flexible about timescales and no need to do anything formal.

            Once the tenants get over the shock, how they react will guide your friends in how to proceed.

            Given their relative inexperience, if it comes to it, they would be advised to use a professional service (ads in the directory section of this web site).
            It also puts a 3rd party in the front line.
            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


              #7
              Thanks for the replies. So if the landlord wants to sell the house and the tenants have got wise to GSC situation thus invalidating s21 and stay within the amount of arrears agreed upon the tenancy agrement before eviction occurs how would they go about getting them out without resorting to a third party?

              Comment


                #8
                As has already been said, serve Section 8 today,, and advise them place is being sold and ask them when they would like to leave.

                Comment


                  #9
                  Thanks for the replies. It appears that if the tenants become wise to their s21 situation it will have to be a section 8 which by the looks of it will require specialist help of some variety. All this for helping a dedperate 'friend'.

                  Comment


                    #10
                    Originally posted by Redeemed View Post
                    All this for helping a dedperate 'friend'.
                    Yes,

                    There is little scope for a LL to do something helpful for tenants these days without the possibility of getting into heaps of legal and financial trouble.

                    Comment

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