Gas certificate fail

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    Gas certificate fail

    We've been renting out our property since 2017 and now have given notice to our tenants to leave. However we have just realised that we have failed to get a gas certificate during their tenancy. Is it possible to get the gas certificate now? Would we need to give notice again after we issue the gas certificate? They are currently cooperating but also finding it difficult to get alternative accommodation and have visited the council for help. The council has in turn asked about the gas certificate, valid contract etc. We are in England and we are in a big hurry to sell the property. Thank you.

    #2
    Your Section 21 is not valid. You willhave to issue it again.

    Suggest that you go here https://nearlylegal.co.uk/section-21-flowchart/ download the PDF flowchart and study it carefully.

    Comment


      #3
      If you didn't have a gas certificate in place when the tenancy began, you may find that it is impossible to serve a valid section 21 notice.
      That seems to be the position in law, but there doesn't seem to be a definitive case to determine that view.
      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


        #4
        Originally posted by jpkeates View Post
        If you didn't have a gas certificate in place when the tenancy began, you may find that it is impossible to serve a valid section 21 notice.
        That seems to be the position in law, but there doesn't seem to be a definitive case to determine that view.
        But if you had a valid certificate when the tenancy started but failed to give it to the tenant, then I believe that providing them with a current certificate before serving S21 will be OK.

        Comment


          #5
          Originally posted by MdeB View Post
          But if you had a valid certificate when the tenancy started but failed to give it to the tenant, then I believe that providing them with a current certificate before serving S21 will be OK.
          I agree - that does seem to be OK.

          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


            #6
            If you have failed in your duty to provide the relevant compliance documents, you are better off try to find a suitable place for the T and pay them 3 months rent, if you need to get them out quickly to avoid your sale to collapse.

            Comment


              #7
              A few months ago the courts seemed to be accepting claims where the first and last gas cert were in place and served to the tenant prior to s21. Does anyone have any info on whether this is still the case in practice?

              Comment


                #8
                The current form N119 asks for all of the certificates to be listed along with their dates of service and for copies to be attached.

                You could point out that the certificates usually say to keep the paper copy for two years, I suppose.
                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

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