How to avoid a landlord fine when a boiler breaks down
1 year ago | 7 comments
Can I evict a tenant after buying a property with no Gas Safety certificate?
12:06 AM, 5th December 2024, 1 year ago
39
Hi, I purchased a property earlier this year through an auction with a tenant in situ. I changed the name of the landlord on the tenancy and myself and the tenant signed it.
I am now trying to evict him via Section 21. However, I’ve recently found out when he moved into the property in 2019 the gas check was done by someone who was not on the Gas Safe register – the previous landlord tried to evict him but this was reason why he failed.
He now has the help again from legal aid solicitors and they have done a defence stating this issue and that I shouldn’t be given possession due to no valid gas safety certificate upon him moving in. There are other reasons they have put on the defence but this is the biggest concern for me.
Can anyone shed any light on what I can do?
Thank you,
John
Tags:
buy-to-let property, eviction defense, eviction process, Gas Safety Certificate, gas safety non-compliance, landlord legal issues, Landlord responsibilities, rental property compliance, section 21 eviction, tenant in situ, Tenant rights
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Member Since May 2024 - Comments: 4
9:44 AM, 5th December 2024, About 1 year ago
You need to get a valid EPC, gas safe, EICR and right to rent. Send it all to the tenant and then re-do the s21. Also if there was a deposit ensure that was protected.
Member Since May 2024 - Comments: 4
9:46 AM, 5th December 2024, About 1 year ago
Pay someone to help you or this tenant will be in there for years manipulating the system.
Member Since May 2018 - Comments: 45
10:02 AM, 5th December 2024, About 1 year ago
The gas safety certificate is required annually so the one done in 2019 isn’t relevant. Who did the most recent one and when? If there isn’t a valid one, instruct one and reissue the section 21.
Member Since September 2024 - Comments: 95
10:47 AM, 5th December 2024, About 1 year ago
Byrne v Harwood Delgado, 2022:
A landlord who did not obtain a gas safety certificate prior to the start of an AST (assured shorthold tenancy agreement) is barred from using the section 21 procedure to recover possession. The landlord in this situation can now only evict their tenants using section 8 of the Housing Act with reliance on at least one of the grounds for possession found in Schedule 2 of the Housing Act. The only exception would be for a landlord who had an AST which became a statutory periodic tenancy prior to 1 October 2015.”
In other words you can evict, but you can NEVER use S21.
Member Since September 2024 - Comments: 95
11:10 AM, 5th December 2024, About 1 year ago
Having said that, you should speak to the solicitor who helped you with the purchase, because surely the seller should have disclosed such a fundamental issue in the
legal pack, given that he was clearly aware of it?
Member Since May 2018 - Comments: 45
11:25 AM, 5th December 2024, About 1 year ago
Reply to the comment left by Steve Rose at 05/12/2024 – 10:47
“As a County Court circuit judge appeal judgment, this is not binding precedent but is very persuasive.”
Having looked at the learned judge’s reasoning (parliament intended that the property was safe before the tenant occupied it and, if the legislation wasn’t enforced, landlords could simply not bother with the safety checks until just prior to issuing a S.21) it is highly unlikely that any subsequent judgement will allow a S.21 claim under such circumstances.
Member Since September 2024 - Comments: 95
11:50 AM, 5th December 2024, About 1 year ago
Reply to the comment left by MasterG at 05/12/2024 – 11:25
Which is why I am surprised by your earlier suggestion which implied that this chap could circumvent the issue by issuing a GSC now.
Yes, technically he could try to fight the massed ranks of taxpayer-funded lawyers, but the most likely outcome is simply vast expense and delay on his part.
He also needs to seek proper legal advice because any Section 13 rent increase or Section 8 eviction notice will also be picked apart by those same lawyers.
It would be interesting to know why he wants to evict the tenant in the first place.
Member Since May 2018 - Comments: 45
11:56 AM, 5th December 2024, About 1 year ago
Reply to the comment left by Steve Rose at 05/12/2024 – 11:50
I wasn’t aware of this case until you mentioned it. It was an interesting read. And, yes I agree, expert legal advice is the way to go.
Member Since September 2023 - Comments: 28
2:37 PM, 5th December 2024, About 1 year ago
I hate to disagree with the stated case, but it’s very established fact that merely serving the correct documents the day before serving a S21 is sufficient for the purposes of making the S21 service legal…
Member Since February 2023 - Comments: 7
3:24 PM, 5th December 2024, About 1 year ago
Reply to the comment left by Steve Rose at 05/12/2024 – 10:47
Sorry to disagree with you,but reissuing the prescribed documents means you still can use section 21 (personally had to go down identical route to the router)