Section 21 and gas safety certificate

General Chat
1

I am in the process of evicting my tenant using section 21, however I have been told by my solicitor I need to to provide gas safety certificate for the day tenant moved in.
She moved in on 01/02/2021 however the only gas certificate that I could find for that period starts on 15/02/2021 exactly 14 days later, I am unable to find certificate prior to that date, when searching google
I came to know legally you are allowed 28 days from the date your previous certificate expired.
I would appreciate any comment as to how I can solve this problem as I am desperate to get rid of a nuisance tenant who has been nothin but trouble.

thanks

Barry Moezzi

2

You have to have a Valid Gas saftey certificate to legally move a tenant in, the legal Rep is right the contract was not valid.
" Landlords must give a copy of the latest gas safety record to tenants within 28 days of the check and to new tenants before they move in .

3

If you are unable to provide evidence that a gas safety cert was in place prior to the tenant moving in, then its unlikely that you would ever be able to serve a valid s21 notice. See Trecarrell Vs Rouncefield

4

:open_mouth:

I can’t think of a better example of why LLs need to take their legal obligations seriously.

5

Only recourse you might have is if you know who carried out the check prior to the one you have. They’ll have a copy in their records.

6

Sorry, I should have said ever with that tenant.

7

Right, but if with that tenant, then surely with any tenant you might check in without a valid GSC, no?

8

Yes, I meant that for any given tenant who moved into a property that didn’t have a GSC in place at that time, s21 would not be available to the landlord.