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 10 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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gclarke71

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21:51 PM, 4th December 2023, About 10 months ago

Reply to the comment left by Neil Heffey at 04/12/2023 - 11:53
Thank you for your reply I really appreciate your comments and help. I have already downloaded the N325 ready although I am not 100% sure of all what is needed to be added in box 4.
I maybe nievely thought the court would automatically send me a letter to say the date the tenant needs to leave, so after 3 weeks of waiting I will contact them to try find out, then submit the N325 to the court.
Thanks again

Lishraider

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10:52 AM, 5th December 2023, About 10 months ago

You have to keep and maintain the property as if the tenant were paying regardless of whether they’re paying.

This includes conducting and carrying out repairs and maintenance.

If shutting off the gas is a ploy to nudge the tenant out in order to take back possession this would be frowned upon by any court and you could find yourself in a sticky situation in which you could receive a hefty fine.

Whilst it goes against the grain to make repairs when the tenant is not paying its law.

You must follow through legal proceedings to recover.

Once notices are served the tenant can stay in the property legally until such point as you get a bailiff.

So if your notices are served and have run their course and your tenant has still not vacated you will need to apply to the court for a possession order.

The possession order will give a date for the tenant to vacate and if they still do not vacate you can then proceed to booking a bailiff. Once the bailiff removes the tenant you can legally take back possession.

Neil Heffey

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11:22 AM, 5th December 2023, About 10 months ago

Reply to the comment left by gclarke71 at 04/12/2023 - 21:51
In box 4 you add in the (A) box the amount of rent due as of the date you are filling in the box, in box (B), the amount which the warrant to issue is the same amount as in box (a). You add £130 in the issue fee box, £0 in legal representatives costs and £0 in Land Registry fee box and the total is the amount in Box A plus the £130 issue fee

You add the date of the judgement/order as the date that the court granted you the order, and on the order the court should have given the date that the defendant was ordered to vacate and that is the date you put in date of possession box.

Describing the land is simply putting in the address of the property and the post code.

To the right hand side, there is a box that says "I certify with (1) and number (2). Cross out the content in box 2 and sign. Cross out (Claimants legal representative.

Add your daytime phone number and your name and type nothing known in the box where it asks if you know of any difficulties that the bailiff may encounter.

When you file the warrant, file a copy of the possession order and an up to date rent statement

DPT

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12:02 PM, 5th December 2023, About 10 months ago

Reply to the comment left by Mark Porter at 04/12/2023 - 12:39
I make no apologies for my tone. There is really no place for amateur landlords in this business any longer. The stakes are simply too high. There are many amateur and "accidental" landlords still out there who don't know what they're doing and are a danger to themselves and their tenants. They need a wake-up call.

gclarke71

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12:04 PM, 5th December 2023, About 10 months ago

Reply to the comment left by Neil Heffey at 05/12/2023 - 11:22
That's brilliant thank you so much, this is a big help

TMM

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8:45 AM, 9th December 2023, About 10 months ago

Reply to the comment left by Easy rider at 04/12/2023 - 10:20
We all know what happened to easy rider

Jessie Jones

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13:37 PM, 9th December 2023, About 10 months ago

Reply to the comment left by Paul Essex at 04/12/2023 - 13:49
I am gong to politely disagree.
If a shoplifter stole some food which was out of date, and ended up becoming very poorly as a result, the supermarket would be liable. I used to work for a supermarket, and they wouldn't let their 'out of date' produce even go to an animal sanctuary just to avoid any possibility of it ending up back in the human food chain.
We live in a twisted society whereby the dishonest amongst us are able to profit from their dishonesty, even when it is done in plain sight.

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