Just moved into new rental property and no gas certificate and LL not licensed(wales)

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    Just moved into new rental property and no gas certificate and LL not licensed(wales)

    Hello,

    I've had a terrible time at my last rental property, the LL put the house on the market after 4 months. It's been hard finding a house due to all these "open houses" that now occur. I finally found one, and it was through a letting agents so I thought everything was above board. This is a 12 month tenancy, so I absolutely don't want to look for problems as I just want some security for me and my baby after having to move twice in 6 months.

    However, after moving into the property, I have some concerns and just wondered if anyone had any advice please.

    When I was signing the tenant agreement today, I asked the agents where the inventory was. They said the ll hadn't requested for oke to be done.

    I then posted on another forum for advice, and was told to take photos, email them to myself etc which I have done, but that there not being one would go in my favour.

    Since I posted my original question, a few other issues have now been raised and I'm a bit worried.

    1.) I haven't been given a copy of the gas saftey certificate. In the house, there is one from 2013. I'm hoping it has been done, just the ll has the documents instead. I've emailed the agents to ask (sorry, I should specify the property is managed by the ll) if they had a copy. But I'm away they'll probably say to take this up with the ll. As I paid then £400, should they not be checking that there is a current certificate? What do I do if the landlord doesn't provide one? All I have for him is a home phone number (no mobile or email address) and an address in an industrial estate

    2.) Someone on another forum asked if he was licensed as I'm in Wales. I had no idea what this meant and Googled it, and this house is not registered on the scheme. I searched for my last letting agents as they are very well known, several offices etc and even they aren't registered. So the fact my current landlord/this address isn't might not be a big deal?

    Sorry for it being so long. I didn't want to miss anything out. I'm just worrying a bit. This is a 12 month tenancy so I was hoping for some stability, so I don't want to go phoning up the ll "making trouble" for myself. But equally, I have my baby to think about, so I want her somewhere safe, hence why I want to see the gas saftey certificate.

    Any advice would be much appreciated, as I've never rented a property where the LL manages it before, as it's always been the letting agents. Thanks

    #2
    Write (yes, WRITE! - keep copy) to landlord (yes, Landlord, copy agent) with a list of your issues. Calm & polite. Draft letter here....
    http://england.shelter.org.uk/get_ad..._to_a_landlord
    - write to landlord at address you have been given.

    You are quite right to ask for a gas certificate:

    You have the right to his actual address: Write and ask agent for it: They have 21 days to respond or criminal offence (sadly never heard of a prosecution). But the quick (possible) way is spend £3 looking up deeds with land registry...
    https://www.gov.uk/search-property-i...-land-registry
    - if address given is the property then landlord is either a kn*bh*ad or probably on the fiddle (wrong sort of mortgage, not declaring tax...)

    Good luck, hope things get sorted...

    Lechyd da
    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


      #3
      I will write to them both in the morning, thank you.

      After what you said about writing to him, I Googled the address. It linked me to a company for that address, and that company has liquidation status

      Comment


        #4
        Originally posted by Confusedtenant16 View Post
        I didn't want to miss anything out. I'm just worrying a bit. This is a 12 month tenancy so I was hoping for some stability....
        The paradox of the legislative quagmire is that the worse the service the landlord offers, the greater your "stability".

        It sounds as if you are going to be pretty stable. Hopefully the deposit isn't protected either.

        Comment


          #5
          I assume that's sarcasm? Deposit is protected

          Comment


            #6
            Doubt it was sarcastic: If the deposit isn't protected (or protected in time) then a landlord is unable to serve a valid s21 to evict tenant until he returns deposit: So tenant can stay longer safely as it rolls on periodic.

            And now we have "revenge eviction" controls which prevent landlords (in some circumstances) evicting tenants who have valid complained about repair issues not yet fixed.

            And quite right to in all such cases.

            However, eventually, even the most stupid landlord will evict using s21.
            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


              #7
              Does the property have a carbon monoxide alarm? If not one of these would make you feel a bit safer https://www.amazon.co.uk/MobileFDL-M..._1939547031_11

              If the landlord doesnt provide a certificate you could report him to the HSE. Advice and reporting form here http://www.hse.gov.uk/gas/domestic/faqtenant.htm Obviously give him the opportunity to sort it out first.

              Comment


                #8
                Originally posted by Confusedtenant16 View Post
                I assume that's sarcasm? Deposit is protected
                Not really, as long as the property is safe and everything works, everything that the landlord is doing wrong works in your favour.

                You are protected from eviction by the 12 month tenancy agreement.
                The landlord will get into trouble for not registering not you.
                The lack of a gas safety certificate is a concern, but you are doing the right thing by asking for one (and report them if they don't respond).
                The advice you have received about the absence of a check in is spot on, it helps you as it means the landlord can't claim you have damaged or broken anything when you eventually leave.

                The risk is that a landlord who is so poor at the basic things doesn't take care of more important things, like repair things that don't work.
                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


                  #9
                  Sorry, I didn't mean to sound arsey when I said is that sarcasm. I'm tired, grumpy and upset as I thought this home would offer some security for me and my daughter.

                  The letting agents have replied to my email, saying they weren't given a gas saftey certificate so to ask the LL. Am I right in understanding that the law says the tenants need to see a copy before the move in? So as we haven't met the LL and the LA dealt with it all, have they let us down by not showing us one?

                  The deposit is protected - we signed all the paper work for that yesterday. It's with the DPS. The tenancy agreement was also quite short, and seems as though it was a template from "the lettings centre". I assume that's all legit though.

                  I'm just hoping we haven't made a big mistake, as the liquidaton thing is concerning me.

                  Comment


                    #10
                    You should be given a copy of the gas safety certificate when you move in.
                    Thinking positively, it might just have been lost.

                    One consequence of the landlord not giving you a certificate is that they can't serve notice under section 21 (which is the most common form of notice from a landlord) without you haveing a copy (I think that applies to Wales as well as England, it's a bit complicated).
                    But that's academic at the moment if you have a 12 month fixed term.

                    Unless the agent isn't involved in managing the property, I'd keep asking them for things rather than referring you to the landlord.
                    Presumably, you have the landlord's contact details and can contact them, though?
                    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


                      #11
                      Wales has a tougher regime for landlords than England so if your landlord isnt licensed of hasnt attended thd Rentsmart course, the chickens will soon come home to roost

                      Comment


                        #12
                        It isn't managed by the agents, just the landlord which is why I think it's weird all we have is a home number and a business address for him.
                        I've written the letter to him, just need to post it re the gas saftey certificate and then we'll have to see what happens

                        Comment


                          #13
                          See the link below about renting in Wales.

                          https://www.rentsmart.gov.wales/en/tenant/

                          Comment

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