2 years ago | 4 comments
Hi, I decided to rent my property through one of these guarantee rent agencies (who have contracts with the local council).
I entered into a lease agreement with them for one year with the end date being the 5th of June. I also provided them with a gas safety certificate that ends on the 5th June.
I gave them 3 months notice that I no longer want to continue to rent through them and that I want my property back, however it seems that they have no intention of giving me the keys back on the 5th June arguing that the council still need to find another property for the tenant as it can’t make them homeless.
Now they are asking me to provide them with a new gas safety certificate that covers the property after the 5th of June.
My question is do I have a legal obligation to provide a gas safety certificate beyond the date of the lease agreement when I made sure that I notified them (as per the T&C of the lease) that I want the property back by the 5th of June.
Any suggestions will be gratefully received.
Thanks,
Defrim
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Member Since December 2023 - Comments: 1587
10:13 AM, 22nd May 2024, About 2 years ago
Yes. The property is let until it is returned to you and all the requirements continue u til that time.
I’d never let through the council for this reason (amongst others).
You can have the gas safety check done up to 2 months early and still retain the original anniversary date.
Member Since October 2020 - Comments: 1173
10:21 AM, 22nd May 2024, About 2 years ago
Read the terms of the contract with the company. It should spell out which parties are responsible for such costs.
Rent to rent schemes are almost always a bad deal for the landlord.
Member Since June 2013 - Comments: 1121
10:35 AM, 22nd May 2024, About 2 years ago
A gas cert is cheaper than a conviction for manslaughter if a tenant is killed by a faulty non- certified boiler or hob. Just get it done.
Member Since May 2014 - Comments: 89
10:57 AM, 22nd May 2024, About 2 years ago
I agree with Fed Up Landlord – just get it done – it’s a tiny cost & the downsides of not doing it could be massive. Plus you retain the moral high ground.
More interesting to me is the bigger picture and the fact that the council are deliberately breaching their contract (depending on what it says in your agreement). What if you decide to double the rent? Sounds like you may need legal advice here, tread carefully. Councils are rarely the friend of the landlord.
Member Since May 2024 - Comments: 27
11:36 AM, 22nd May 2024, About 2 years ago
Reply to the comment left by Cider Drinker at 22/05/2024 – 10:13
Well I never knew that I always try and book them as close to expiry as possible but obviously have more leeway thanks
Member Since September 2018 - Comments: 3538 - Articles: 5
11:54 AM, 22nd May 2024, About 2 years ago
Yes you need to get the cert done – you let the property ultimately so you have to comply to legal requirements whoever you lease it to.
On a side question – what does your contract with the rent to rent agency say about you giving notice to them? If they have a contract with the council they should be able to tell you what notice they are required to give the council in turn.
Also contact the council directly and ask the same question of them – how much notice do they need from the agent and what do they do once they have received this? If the tenant is under a licence with the council the Council only have to give them minimal notice before moving them out. The issue is the council wont want to do this because they probably don’t have any other accommodation other than expensive temp accommodation to move them into so leaving them in your property is saving them money…
You need to find the info regarding the notice period that the council need from the supplier to know what’s what – that is the only way you know/can show that the council is in breach. What you can actually do about this is complicated but I would have thought as your contract is directly with the agency then you have to push them on the notice clause in your contract and in turn they push the council in what their agreement states.
Member Since December 2023 - Comments: 1587
2:46 PM, 22nd May 2024, About 2 years ago
Reply to the comment left by Fraser Hopewell at 22/05/2024 – 11:36
Just remember to make sure your gas safe engineer knows (and applies) the leeway.
It’s up to 2 months early but not one day late.
Member Since July 2023 - Comments: 16
5:11 PM, 22nd May 2024, About 2 years ago
Well done …get out of buy to let asap ….more poo on way ….
Member Since September 2023 - Comments: 157
7:14 PM, 22nd May 2024, About 2 years ago
I might be wrong in saying this, but as you have rented the property to another company, then they have let it out. You have no relationship with the tenants in the property, only company you rented to. As such, you just have a contractual tenancy, whilst the guarante rent company has a different tenancy, potentially an AST with the tenants. So you won’t need to to issue an s8 or s21 notice.
You have given the agency notice, but if they aren’t giving you the property back, you’ll have to get a possession order (with costs) from the court, then use baliffs to get the property back.
Member Since September 2018 - Comments: 3538 - Articles: 5
1:14 PM, 23rd May 2024, About 2 years ago
interesting issue here….so if you have no joy getting the agent to get the council to move a tenant out, could you go straight to the council?
The tenant probably only has a licence agreement with the council meaning they can be moved on quickly, so time to liaise directly with the Council and bypass the agent? You could always complain to the council about the agent too – they might have a big contract with the council and any complaints may trigger a look into the way they are working…
Worse case I guess you are looking at ultimately serving notice on the Council as they are the ones who have the responsibility for the tenant in situ?