Tenant eviction – proof of Gas Safety certificates?

Tenant eviction – proof of Gas Safety certificates?

10:27 AM, 20th November 2023, About 5 months ago 17

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Hi All, I wondered if anyone has experience of this or some advice please.

Through the letting agent I gave notice in July for the termination of the AST, they were due to vacate on the 18th Oct 2023.

The letting agent is fully managing the house, and has provided most of the documents we need to seek procession, however, when it comes to the Gas certificates, they cannot provide proof as they were posted to the tenant.

They, the agent, has been requested to sign a Certificate of Service in civil cases: Form N215 which they seem to be avoiding. They said they can issue all the GAS certificates now and I should be alright.

I have told them I have already issued a section 21 in July.

This is stressing me out, it is bad enough the tenant is not moving out, but the agent is delaying and causing more pain – suffice to say this is part of national company.

I am not sure what to do next or what my options are. I would be grateful for some help please.

Thanks,

CP


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Comments

Gary

10:54 AM, 20th November 2023, About 5 months ago

I'm not sure I'm following here. All of the gas certs I've had done have contained the tenant's signature which acts as proof of receipt. Who's been signing the ones that have supposedly been done up until now?

Darren Peters

10:58 AM, 20th November 2023, About 5 months ago

Reply to the comment left by Gary at 20/11/2023 - 10:54
The landlord or his agent might equally have signed the Gas Cert. It's not a necessity that a tenant signs.

David

11:37 AM, 20th November 2023, About 5 months ago

I think you should insist on both measures. They should send the certificates again now, but they should also sign the affidavit to say they sent them originally.

If they refuse and there ends up being costs to you due to a delay, then make a formal complaint firstly to the agent and then to the redress scheme they belong to.

Jo Westlake

11:41 AM, 20th November 2023, About 5 months ago

Depends who does the gas safety certificate as to whether anyone signs it and how anyone receives a copy.
If my regular gas safe engineer does it there are 3 copies. Either I sign or the tenant signs or the engineer puts that no one is present. I get the white copy, the pink copy is left in the house for the tenant and the engineer keeps the green copy for his records.
If British Gas do the safety check no one signs. A copy is emailed to me and a copy is posted to the property. Usually vaguely addressed to the Occupier (or something similar). It's the kind of envelope tenants don't bother opening as it isn't specifically addressed to them by name.

Jim K

13:19 PM, 20th November 2023, About 5 months ago

Reply to the comment left by Gary at 20/11/2023 - 10:54
Hi.
T is not always in when the GS check is conducted. In that instance no one would 'sign for it'.

Easy rider

13:20 PM, 20th November 2023, About 5 months ago

My gas safe engineer emails copies to me and the tenant. They are already signed by the tenant (or occupant of the house).

As a responsible landlord, I make sure that I have copies before paying the invoice.

Michael Booth

16:07 PM, 20th November 2023, About 5 months ago

If you have issued a s21 without the accompanying safety certs the s21 is invalid and will be shot out of court and you will have to start the eviction all over again.

No

17:15 PM, 20th November 2023, About 5 months ago

The gas engineer will have a copy & it will be registered with gas safe so you or your agent should easily be able to get a copy.

CP

20:12 PM, 20th November 2023, About 5 months ago

Hello All

Really "Thank you for the feedback",

The gas test engineer carried out the test and then handed then over the Managing agent Maintenance department. It looks like never asked the tenant to sign for them at the time when he carried out the test. I have all the scanned copies myself from 2015 onwards.

The agent have indicated they were posted to the tenant, but cannot provide proof, and if you ask the tenant he is going to deny he has them.

The agent in their wisdom, have indicated they can re-issue them all, but that causes more delay etc.

Have asked the agent to sign a Certificate of Service in civil cases: Form N215 as they carried out the test, but none want to be accountable for this. Making excuse I was not working here then etc.
BTW they have been paid for this service.

So the current situation is I am chasing the managing agent to sort this out, really do not want to lose another two months.. as mentioned, this is a national country wide company, really do not expect this sort of standard or behaviour from them.

I have learnt a lesson, do it yourself or make sure they do they job properly.

Thanks CP

David Houghton

10:29 AM, 21st November 2023, About 5 months ago

The big question is can you prove they got the first certificate before they moved in. If not no s21 as that can't be fixed.

As to the others does your tenancy contain a clause that first class post is ok as a method of service?

If not get a copy of all the rest, the EPC the elec safety and how to rent and take them round and give them to your tenant. Write a witness statement that you believed they were served by the agent, but have personally served incase they were not

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