Who is liable for no Gas Safety Cert?

by Readers Question

7:02 AM, 13th June 2016, 10 years ago 19

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Landlord News Landlords Questions

Can anyone please clarify whether I, as the landlady, or the letting agent would be held responsible if heaven forbid there should be an injury or fatality while the gas safety cert on my rental property is out of date?

I have just signed up to a full management contract with a letting agent and there’s been a mess up with the GSC. Over 7 days have gone by and still no certificate.

I asked for an email from them last Friday (8 days ago) to accept liability as it was their doing that no GSC is in place. At the time the full management contract was not signed. Instead I was sent a contract to e-sign which I duly did, thinking it would transfer the onus on to them if anything should go wrong before the certificate was renewed.

I have just had a conversation with someone which now makes me wonder if I would still held liable.

Regards

Sue

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Comments

Neil Patterson Read Full Bio

Member Since February 2011 - Comments: 3453 - Articles: 286

7:04 AM, 13th June 2016, About 10 years ago

Interesting question Sue as you are yourself aware of the safety issue.

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Romain Garcin

Member Since August 2013 - Comments: 883

7:35 AM, 13th June 2016, About 10 years ago

Hi Sue,

By law you are responsible for the lack of certificate no matter any agreement with your agent.

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Mark Smith (Barrister-At-Law) Read Full Bio

Member Since November 2013 - Comments: 252 - Articles: 10

7:55 AM, 13th June 2016, About 10 years ago

You are undoubtedly 100% responsible. Send your own engineer in today and bill the man co.

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Mark Smith (Barrister-At-Law) Read Full Bio

Member Since November 2013 - Comments: 252 - Articles: 10

8:10 AM, 13th June 2016, About 10 years ago

Ps letting without a gsc is also a criminal offence

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RODNEY CRABB

Member Since February 2015 - Comments: 29

10:49 AM, 13th June 2016, About 10 years ago

If you have a regular gas safe engineer and either he has sent reminder or you have asked them for a gsc there is a month or so leeway so my engineer has told me

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Jane Dunlin

Comments: 18

11:23 AM, 13th June 2016, About 10 years ago

Thanks to all for replying.

Well this is indeed a learning curve! Glad I intervened on Saturday and booked my own engineer for this Tuesday.

I became an accidental landlady after helping out a family member (which went pear-shaped) but decided to continue renting to professionals in order to provide a pension on retirement.

Comparing notes with a friend of mine who also has a ‘pension rental’ she has only just been notified of the Legionella Risk Assessment and my agent never bothered – again I found out via this website and carried out a self-assessment.

I am beginning to think that my class of landlord/lady is extremely vulnerable when choosing a letting agent as our knowledge is limited and we are making a dangerous assumption that the agent will provide the necessary to keep us legal. Even those that come recommended can still not be up to scratch it seems.

Is there any accountability at all on the part of the agent if they fail to notify a client under full contract and something goes wrong?

Regards

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Mandy Thomson

Member Since November 2013 - Comments: 1130 - Articles: 2

12:33 PM, 13th June 2016, About 10 years ago

Reply to the comment left by “Jane Dunlin” at “13/06/2016 – 11:23“:

Hi Jane

Your experience just goes to show why every landlord needs to be trained – I recommend doing the NLA’s one day foundation course.

The legislation is becoming increasingly complex and the days when people could treat a rental property as just another passive investment are gone. The buck nearly always stops with the landlord, even if there is an agent.

For those who are unable to do the training, the next best thing is to ensure you use an agent who gets several good recommendations, and belongs to an industry body such as ARLA.

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Jane Dunlin

Comments: 18

1:53 PM, 13th June 2016, About 10 years ago

Reply to the comment left by “Mandy Thomson” at “13/06/2016 – 12:33“:

Hi Mandy,

Thank you – that’s a very good idea – I will find a course pronto

I have to say, in my humble opinion, these agent should be liable for their mistakes and oversights. After all, they are happily offering full management contracts and taking our money.

Regards

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Mandy Thomson

Member Since November 2013 - Comments: 1130 - Articles: 2

2:05 PM, 13th June 2016, About 10 years ago

Yes, Jane – agents are and should certainly be held accountable, just like any other business or professional.

The allAgents https://www.allagents.co.uk/ agent review site is a good place to look if you want another agent, or Mark Alexander always recommends lettingsupermarket.com (though I haven’t tried them myself).

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Michael Barnes

Member Since July 2013 - Comments: 1434

6:57 AM, 16th June 2016, About 10 years ago

Reply to the comment left by “RODNEY CRABB” at “13/06/2016 – 10:49“:

Your engineer is wrong.

A certificate must be issued no later than the anniversary of the issue of the previous certificate.

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