ALERT - Update Regarding Gas Safety Certificates

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Failure to serve the correct information to your tenants could result in you never being able to serve notice to vacate to your tenants!
 
A recent court decision has highlighted the need for all letting agents and landlords to serve the correct information to their tenants, BEFORE the start of a tenancy.
 
Most landlords and agents will be aware that the following documentation must be provided to their tenants before the start of a tenancy:
 
  • Deposit Registration and Prescribed Information
  • A copy of the EPC (Energy Performance Certificate) for the property
  • The government's current How to Rent Guide 
  • Any relevant licences required
  • A copy of a current Gas Safety Certificate if the property has any gas appliances
The regulations would also suggest that this information is also served with all tenancy renewals, although this has not been tested in the courts.
 
In particular, the court case of Caridon Property Ltd v Monty Shoolz related to correctly providing a copy of the Gas Safety Certificate to the current tenant.
 
The judge noted that the current regulations require that:
 
  • A current gas safety certificate is provided to the tenants before they occupy the premises
  • That any new certificate is provided to current tenants within 28 days of the gas check being completed
  • AND that a current gas safety certificate is provided to any new tenants before they occupy the premises
If this is NOT provided before the tenant occupies the premises, then a Section 21 Notice to vacate the premises can NEVER be served, as providing the Gas Safety Certificate is a prerequisite to this. This is a breach that cannot be rectified in relation to serving a section 21 notice.
 
The courts will require a paper trail to prove that this has been provided to the tenant correctly, and therefore ensuring your tenants sign for receipt of such documentation is vital.
 
If Martin & Co Basingstoke manage your property for you, your tenants are served all of this information before they occupy the premises, and they sign for receipt of all documentation provided.

 

Location: Basingstoke, UK

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