Gas check failed – is the S21 still valid?

Gas check failed – is the S21 still valid?

9:23 AM, 31st August 2022, About a month ago 8

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Hello everyone, I understand that a S21 is invalid if a gas cert is not in date and/or has not been issued to the tenant, but is this the only qualification?

What if the gas check has been undertaken and cert issued to the tenant, but the check failed/requires work?

A certificate has still been issued – even if it highlights work required.

Does this invalidate a S21 being issued?

Or do I have to wait until the work is carried out and the remedial work undertaken before I can issue one?

Thank you.

DSR



Comments

Mek Kah

10:34 AM, 31st August 2022, About a month ago

It shouldnt invalidate it - but when it comes to making an application to court for possession I would include evidence that work to bring the boiler up to standard has been done with new cert issued.

Pete England - PaTMa Property Management View Profile

11:53 AM, 31st August 2022, About a month ago

I would have thought if the boiler had failed then the Gas Engineer would have made safe, and if necessary cut the supply. They should tape it off and or tag it. If it just an advisory warning then you should get repaired as asap, but it shouldn’t invalidate the S21. I would get a copy of the certificate though for your records.

DSR

8:47 AM, 2nd September 2022, About a month ago

on the same subject...if you cant do a gas cert as there is no gas flowing (tenant has not topped up meter and no emergency credit left) how can you a do a gas check and a cert issued?

Is possession via a S21 even possible? The reality is there is no gas to the property so do you just state no gas present on the court papers once the S21 date expires?

Pete England - PaTMa Property Management View Profile

9:43 AM, 2nd September 2022, About a month ago

Reply to the comment left by DSR at 02/09/2022 - 08:47
Can’t you just do a small top-up to do certificate?

DSR

10:30 AM, 2nd September 2022, About a month ago

Reply to the comment left by Pete England - PaTMa Property Management at 02/09/2022 - 09:43
its in over £150 in debt. I ASSUME if will have to put in £155 min to get the gas flowing, although I was under the impression gas companies now cant take all the debt off a top up, but only a percentage given the current climate?

DSR

10:36 AM, 2nd September 2022, About a month ago

Reply to the comment left by DSR at 02/09/2022 - 10:30
a 'side effect' of having a very insulated small flat. Seems like the tenant has been in and out of hospital so not in there a lot and when she is she said its not cold and if it is then she puts on a self purchased elec heater for a short while. God knows how she has been bathing though...

Pete England - PaTMa Property Management View Profile

10:46 AM, 2nd September 2022, About a month ago

Reply to the comment left by DSR at 02/09/2022 - 10:30
I would put £10 to try and get the certificate done. I presume you have spoken to Energy company? The chances are you will have to pay the £150 before you get a new tenant in anyway. If they are in rent arrears then would you not use S8?

Sue Marven

11:15 AM, 3rd September 2022, About a month ago

Reply to the comment left by Pete England - PaTMa Property Management at 02/09/2022 - 10:46
You don’t have to pay tenants debt. Just advise energy company they’ve moved and they will clear the debt and pursue the old tenant.

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