Gas Certificate has run out while the non-paying tenant remains?

Gas Certificate has run out while the non-paying tenant remains?

9:47 AM, 4th December 2023, About 3 months ago 17

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Hello, My tenant hasn’t paid a penny since he moved in in May 2023, so I have been trying to get him out, serving him a Section 8 Grounds 8,10,11 & 14 and when he didn’t move out, I eventually went to court where the judge said he’d give him 14 days to move out.

We went to court 3 weeks ago and they still haven’t sent a letter to say he needs to move out. (The tenancy also ran out 1 week ago).

However the gas certificate is due in 1 week.

So, a couple of questions:
1) Do I have to carry out the gas check while he is still in there? Considering the tenancy agreement has run out.
2) If the plumber says there’s an issue with the boiler / gas and has to shut the gas off. If the tenant moves out till the issue is fixed, can I take back the property while he is out?

I presume he is not living in there legally if the tenancy agreement has run out and the section 8 notice ran out 2 months ago, so would it be OK to take back the property?

Thank you,

Graham


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Comments

Easy rider

10:20 AM, 4th December 2023, About 3 months ago

You need to do some research on what it takes to be a landlord. I’m not a huge fan of courses for landlords because the information you need is freely available online. I’ll make an exception in this instance 🙂

1. Yes, the gas safety check needs to be done. The AST ‘runs out’ when the tenants leave or when the bailiffs evicts the tenant. U til then, ALL of the responsibilities of being a landlord remain extant.

2. Of course not. That would be an illegal eviction and harassment.

The courts process is slow and not fit for purpose but please, don’t scupper your expensive, time-consuming and stressful efforts to date be being ignorant of the rules.

Neil Heffey

11:53 AM, 4th December 2023, About 3 months ago

If you got the possession order and the 14 days has passed, you now need to apply for the warrant for possession and pay the court a fee of £130.00. The form for the warrant is https://www.gov.uk/government/publications/form-n325-request-for-warrant-for-possession-of-land

The bailiffs will then set a date to attend and carry out the eviction which can depending on where you are take around 4 - 8 weeks. Bailiffs don't usually evict in the 2 weeks prior to Christmas or 2 weeks after it, so you should apply straight away to save any further delays.

You have to still carry out gas safety checks, if the tenant does not allow access, you should send letters so that you can evidence their refusal to access the property

David

12:01 PM, 4th December 2023, About 3 months ago

I agree with Easy Rider's comment about improving your learning, although I do have a lot of time for the NRLA Foundation Training course. You clearly don't have much of a clue about even the basics of letting property. The tenancy hasn't run out, its just become periodic on the same terms. Until bailiffs or HCEOs evict the tenant, they have a lawful tenancy and yes, you must carry out everything that is normally required.

Mark Porter

12:39 PM, 4th December 2023, About 3 months ago

I agree with Neil's comments, that is your next step. I would also call the courts to find out when they plan to send out the letter. This happened to me and when I called the courts, they said they had sent it 2 weeks ago but did not notify me.
To Easy Rider and David, I would suggest that they tone their critism down. They make good suggestions about courses but the tone is unnecessary. This should be a supportive environment and if we want to improve the reputation landlords seem to have in the press, we should start by supporting those in our community who need help in a more constructive manner. Otherwise those who need help may not be brave enough to risk reaching out for fear of being judged and critised. Be kind.

Easy rider

13:33 PM, 4th December 2023, About 3 months ago

To be honest, I didn’t think I was being overly critical. Apologies if I came across that way.

I always resist increased regulation of the PRS/LA Licensing etc., and believe such initiatives are seeking political votes or just money-making scams by Local Authorities.

Maybe I’m wrong. Perhaps all landlords should pay for expensive accreditation before they can legally let their properties.

Paul Essex

13:49 PM, 4th December 2023, About 3 months ago

Sadly although the correct legal position is described I feel that it is totally wrong to force landlords to supply services to non paying tenants.

Who else is forced to provide services, certainly supermarkets are not and food is more essential than housing!

jonney

17:02 PM, 4th December 2023, About 3 months ago

Graham
Sorry about some of the responses you have received. Not all landlords are patronising and condescending so hopefully I can add some advice.

I doubt the tenant will allow access as he may think no gas safety cert may help his case.

You have to prove you are trying to get the safety check done. Write to him saying your heating engineer needs access and to please call you to arrange access. Get a certificate of posting from the post office. I would do that every 4 weeks to cover yourself.
Cheers

Nicholas Olofson

17:27 PM, 4th December 2023, About 3 months ago

Reply to the comment left by jonney at 04/12/2023 - 17:02Nice helpful advice... Well done...

Easy rider

18:46 PM, 4th December 2023, About 3 months ago

Reply to the comment left by jonney at 04/12/2023 - 17:02
I trust that my initial comment is either condescending nor patronising.

I have a condition that may make me seem rather blunt.

gclarke71

21:43 PM, 4th December 2023, About 3 months ago

Reply to the comment left by Mark Porter at 04/12/2023 - 12:39
Thank you I appreciate your constructive comments. I have been a landlord for a while but this is the first person I have encountered that has not paid the rent, so I have not needed to look into this aspect of being a landlord. It is very stressful, I have never been in a court before etc, so some of the replies here are not really helping.
I will call the courts tomorrow to see if they have sent this letter out and if so what date the tenant needs to vacate by, so I can complete the N325 ready.
I know for a fact the tenant is not going to leave, as the smart ar*e messaged me saying he won't leave till the day before the bailiffs come.
I have looked for information on the internet to help me, but most websites with information on are solicitors ones, and of course they are wanting business so only let you see some information. So having been a member of this very informative website for a while now, I thought I'd post for help for the first time.
Regarding the gas cert I pretty much knew I had to still get it carried out, but it was another landlord that said I didn't need to etc etc which is why I questioned it here
Thanks again for your help it is really appreciated

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