Can a section 21 be issued if there is no current gas safe cert due to tenants failure to allow access for the test to be conducted? Evidence can be shown.
There was a gas safe cert valid when the first AST was signed. When the second AST was signed the gas safe was a few days expired. The tenant has not had gas on (meter not been credited for years now) nor will allow for test.
Does a gas safe certificate which is a “fail” classed as qualifying as a gas safe cert suitable for section 21?
The gas certificate cannot be served expired on the new AST.
There in effect is no gas certificate so you cannot serve a valid section 21.
You can’t say that you served it on the first AST as it expired and been overwritten by a new AST.
If there is a gas meter you must gas certify annually whether the tenant uses gas or not.
Gas certificates includes testing the meter for gas leaks. You don’t know if it is leaking.
The only way to override a gas certificate would be to cut off the gas supply before the meter.
You cannot do that if utilities are in the tenants name and he gives you permission otherwise he will allege you cut off the gas supply which is illegal.
In the first instance I would speak to the council as they can help in these matters
They could serve a prohibition order
But the tenant could argue you did not serve the gas cert in advance of the contract commencing as it was actually an expired AST
Otherwise you need an injunction to get a gas certificate or serve a section 8.
Contacted council, so far have sent letter requesting contact me to arrange gas safe. Hasn’t contacted me.
Likewise for EICR.
I have a signed statement tenant saying he has not had active gas supply since 2019 due to his own choice and has no intention of having, but will notify me if he does credit meter.
The gas meter could in fact be checked as external but no internal checks can be made.
For gas safe and eicr I have given 2 weeks notice for checks and contactor attends, but tenant does not answer or acknowledge.
I would advise you to take legal advice as you may need to serve an injunction.
and also chase the council. (you will have to be proactive)
The engineer will need an active gas supply to complete the safety test. As A_A says, you should seek legal advice about your options. If you can get the tenant to agree to having the supply disconnected then a GSC is not required. Otherwise a court injunction to gain access may be required as above.