No prescribed information or gas safety certificate.

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    No prescribed information or gas safety certificate.

    I'm looking for some information about what my options are with my situation.

    In July I signed a HMO tenancy agreement with a letting agent.

    I paid a deposit (service: Deposit Protection Service) but received no "prescribed information" and no certificate. I only received an automated email saying you can login to the deposit website.

    I attempted to login/sign up to the deposit protection service website, using the details provided on the tenancy agreement.

    Eventually lettings agent sent me the deposit certificate (today 13/09/21). The address on the certificate is a completely different one to that on the tenancy agreement (explaining why I was unable to login on DPS).

    Regarding the gas safety certificate, I have asked for this a number of times since July, however it has not been provided, even though my tenancy has now started. I am unsure when this needs to be provided, some sources say when the tenancy begins, some when the tenant moves in. In my case the tenancy has started but I am not yet resident at the property, should I have the certificate now or not?

    What are my options and what do you think would be the best solution to this would be? Would a for claim compensation for the lack of prescribed information (over 30 days late) and mistakes on certificate be likely to succeed? Assuming I threaten legal action and they supply all these required documents and correct the deposit certificate would they then be able to issue a valid Section 21 order (as I understand currently they would not be able to)?

    Thank you for your help!

    #2
    It doesn't make much difference to your options, but unless you actually take possession or you executed the tenancy agreement as a deed, I'm not sure the tenancy have actually started mind.

    Yes, if the prescribed information was late or details on it incorrect, you can sue and will win if you follows the legal process correctly. Realistically, you're probably looking at a minimum penalty here of 1x deposit amount.

    The GSC needs to be provided by the landlord before you move in. Practically, if they shove it in your hands while you're moving in will probably be okay.

    From the deposit point of view, exact options to the landlord would depends on whether just the PI being late, or whether the deposit protection itself was late. Though if we're talking about after fixed term finishs and SPT having started, probably be fine based on it having been fixed since.

    GSC not served at all before moving in, especially if one isn't in date (?), is potentially a bigger issue for the landlord.
    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.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Is this a joint tenancy? (i.e. does each occupant have their own tenancy agreement just for a named room, or not?).

      Are you planning to move in (ie. start the tenancy)?
      When was the deposit actually paid?

      If you want this to be a successful tenancy you would be better off keeping these issues in your back pocket as blackmail in case stuff goes wrong, not having a fight from the outset.

      Comment


        #4
        Originally posted by AndrewDod View Post
        Is this a joint tenancy? (i.e. does each occupant have their own tenancy agreement just for a named room, or not?).

        Are you planning to move in (ie. start the tenancy)?
        When was the deposit actually paid?

        If you want this to be a successful tenancy you would be better off keeping these issues in your back pocket as blackmail in case stuff goes wrong, not having a fight from the outset.
        Thanks for your help!

        Yes, this is a joint tenancy.
        I will be moving in soon. The tenancy start date was a few days ago. The deposit was paid in July.

        Ok that's probably what I will do. Would it still be possible to claim compensation for the lack of prescribed information etc at the end of the tenancy (approx 12 months)?

        Comment


          #5
          6 years from when deposit was paid + 30 days.
          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.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            If any of the joint tenants have moved in, the tenancy began then.

            In an HMO the GSC can be displayed in the property, you don't have to be given your own copy (there's only one tenant copy for the shared property).
            In practice, the GSC is often in a drawer or cupboard or on a shelf near the boiler because the tenants put it there.
            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
              Originally posted by jpkeates View Post
              In an HMO the GSC can be displayed in the property
              I would suggest that special case doesn't apply to most HMOs. If you're renting a room exclusively while sharing the living room say where the relevant appliance is at, you're still occupying a room with a relevant appliance.

              Worth considering is whether the place have any relevant appliance at all. Could be everything's electric so don't need GSC at all.
              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.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                And the reason for wanting compensation is...?
                Unshackled by the chains of idle vanity, A modest manatee, that's me

                Comment

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