Failure to Produce GSC

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  • DPT57
    replied
    This is not a disaster and you've probably had a lucky escape. Although you could in theory be prosecuted for the breaches of gas and electrical safety regulations, I think its unlikely in practice. The main impact on most landlords (of the lack of GSC anyway) is the inability to serve a s21 notice. As she is paying the rent and planning to leave anyway, then apart from making a couple more attempts to persuade her to give you access, (and retaining them as evidence), I would just let her carry on and move out when her purchase goes through.

    If you intend to carry on being a landlord, I suggest some training. Its just too risky without it.

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  • jpkeates
    replied
    Yes, you still have to have the checks carried out.

    If you can show that you have made three attempts to do this and that the tenant has not allowed you or a tradesman entry, that's probably sufficient so that no action can be taken against you for the current failure.

    You can't fix the previous failures, and it's quite possible that you won't be able to serve s21 notice on the tenant because of the gas safety certificate failings.

    If the tenant is paying rent, I'd simply wait for them to move out.

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  • theartfullodger
    replied
    Paragraphs....

    If not done so already, do some landlord/tenant training - legalities etc.

    The landlord always remains liable for such matters. Depending on your contract/terms agreed with agent if they've been negligent you may have a case against them (sorry, can't read what you've agreed from here).

    But for you to sort out.

    Ps I made stupid, ignorant, expensive, complicated, legally tricky mistakes when I started as a landlord. Resolved to learn. Still learning. Still making mistakes.

    Oh my Hubris! Oh my arrogance!

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  • Beverley Robins
    started a topic Failure to Produce GSC

    Failure to Produce GSC

    Hello, I would first like to say how embarrassed i am as a first time and the last time landlord for not knowing that I need these GSC and Electrical certificates in place. When we originally rented our property we did use an agent so they would have taken care it, but the tenant that has been in the property for four and a half years was known to us and we knew she would be a long term tenant so we then chose to manage the property ourselves and had a tenants agreement drawn up. We have had no issue with the tenant in this period and the rent was always paid on time. In October of last year we emailed the tenant to state our intension of wanting to sell the property and offered her first refusal. She was interested in buying the property but sadly her budget was insufficient and went on to place an offer on another property in February of this year. The communication since has gone sour as she did not get to buy our property. She raised the issue with myself regarding the certificates which I have owned up to not providing and has been a genuine oversight on our behalf and apologised, but she is now not acknowledging any of my emails or text to arrange for the relevant persons to attend the property to provide them. She is now paying her rent weekly but not providing any moving date it could be imminent or it could be next month, if this is the case i do still have an obligation to provide these while she is still in the property. I have been trying for the last four weeks and she is totally ignoring me can anyone please offer any advise or do you think I should go to the authorities and just come clean as she has said she is still taking legal advice on the mater. Any advise would be very much appreciated as we all know all the information on the web is pretty much aimed toward the tenant not the landlord! I will look forward to hearing your responses and many thanks in advance.

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