Tenant doesnt have gas on

Tenant hasn’t had gas on since 2019 which has prevented a gas safe cert from being conducted.

He didn’t pay bill and a prepay gas meter was fitted by gas board.

I recently managed to get tenant to sign a disclaimer which states they haven’t had the gas on since 2019 and will inform me if they have it put back on. Would this be suffice to protect me? Am I expected to put the gas on myself and arrange a gas safe? There’s a boiler and cooker oven.

You require a gas safe certificate
During the pandemic the government have legislated that utility companies are not to cut off supply if bills are not paid or prepayment meters not topped up
The tenant can call the supplier and ask to have the gas supply switched on and debt will accumulate ( it’s not free the tenant will have to repay )

If it’s still a problem speak to the council or take legal advice

But you do need a certificate for your items
The only other option is have the gas disconnected to the property by your gas engineer or the gas board

I suspect that the supply would need to be capped off at the mains before a certificate would not be required. If the tenant could switch it on at any time then I think you would need a GSC. The tenant would need to arrange to have the supply capped. If you did it you would almost certainly be breaching HHSRS.

@alumni… Its a prepayment meter in situ that needs crediting. Are you saying that if tenant rings gas supplier they will allow gas to flow without the need to be credited?

The tenant is unresponsive to calls and texts and allowing entry to tradesmen.

There is zero chance the tenant will arrange for cap off himself.

My view is its best to be cautious. I have decided to have the supply capped off and have cert to say this. I will have this annually inspected by gas safe engineer.

The tenant simply needs to contact me if he wants it back on. He has said he has no intention of having gas back on, I have this in writing.

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When the tenant goes to the Council to say that the landlord has cut off his gas supply, expect a heavy fine and possibly Rent Repayment Order from the tenant when the Council serves you an urgent Improvement Notice.

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@alumni… Its a prepayment meter in situ that needs crediting. Are you saying that if tenant rings gas supplier they will allow gas to flow without the need to be credited?
If the tenant rings the supplier they can have gas but the meter will accumulate debt. It’s not free the tenant will have to repay the utility company at some point but right now they don’t have to pay ( that was legislated at the beginning of the pandemic. Boris Johnson said that no tenant should have utilities cut off because of the pandemic. Utility companies are honouring this. They can’t afford for people to freeze in their homes during lockdown with the date rates one of the highest in the world)

Let your tenant know that they can have gas without crediting the meter because of the pandemic so they don’t allege that you did not give them this information
By law you have to have a gas certificate. If you can’t get access inform the council of your efforts. Gas engineers have been known to cut off the supply if they can’t certify ( I have been in that situation as they can’t certify there is no gas leak) but I keep the council informed and I take legal advice.

Your insurance policy may be invalidated without a gas certificate and their is no give on legislation because of the pandemic ( houses have to be safe).

We have a contract clause that passes cost on to tenants if supplies have to be cut or reinstated because of the tenant

That’s why I said to inform the council

Sure. I doubt the HSE would seek to prosecute under these circumstances either, but there has to be some doubt about whether s21 would be available.

We have students and the problem when the house is not heated ( when they go home at the end of term) pipes burst. This is especially so now with the current inclement weather conditions.

I don’t know how warm the house is and if the tenant has alternative heating and is it adequate?

You may want to get the gas engineer to drain off the boiler and heating system so the pipes don’t freeze and burst if you do have to cut off the gas supply

We mandate that heating must be used for 1 hour a day ( even if tenants are away in the winter period) so the pipes are less at risk of freezing and then bursting