So we had a tenant left naturally at the end of their tenancy, they handed in notice, but our letting agent also suggested we carry out a section 21. Which we did, but the tenants still left when they said they would.
We received the checkout report which identified a lot of remedial work was required, and when we got into the property there was dirt and damage beyond reasonable wear and tear. We indicated we would need to keep the deposit (after quotes to repair that covers a third of the cost). The tenant however is refusing to budge on releasing it, fine we can go thru arbitration, but they have suddenly asked for Gas Safety Certificates for each year of the tenancy, which we have, apart from a 4 month gap during COVID (Aug-Dec2020). I can’t remember if this was an oversight with everything else going on, or if the tenant didnt wish us to enter.
Am i obliged to provide 7 years certs? The HSE seem to say i only need to keep 2. We just don’t quite know where this is going and why they have suddenly asked for this during deposit return discussions? Any ideas?
The bottom line is arbitration (or court) will probably favour the tenant and after 7 years a certain amount of “heavy use” is to be expected.
In my home I have 20 year old laminate floor, but for some reason the same stuff in a rental property never lasts more than 5
If they were a good tenant I would discuss with them what you can agree is a fair sum, otherwise no one gets the deposit back (refuse arbitration and they would have to spend money taking it to court - which they won’t)
They left without the need for possession hearings and bailiffs, so count to 10 and negotiate a settlement you can both live with
But no, after they have left and the tenancy has ended they have no rights to require gas Certificates from you
You are required by law to give a copy of the GSC to the tenant every year. However, it seems very unlikely that the HSE will prosecute you for not doing so, or for having a gap, and there is not really any other sanction if the tenant has left. It shouldnt affect your deposit claim.
If the tenants notice was valid, then it ends the tenancy unlike a s21 notice, which was redundant. Are you sure this agent knows what theyre doing?
