Tenant eviction – proof of Gas Safety certificates?

Reply to the comment left by David Houghton at 21/11/2023 – 10:29
Hello David

Thanks for the reply,

So when they moved in the agent did a move in check list, which has the Gas Cert as an item to tick and is signed by the tenant as well as EPC, Smoke alarms/monoxide detectors, how to rent guide, AST. so that’s good.

re clause that first class post is ok as a method of service, did not even think of that. but now seems a good point.

Strangely enough the agent has come back today now saying they believe they have the information I need, just need to put it together and send it to me later.

So waiting in eager anticipation.

thanks CP

Hi CP
You will be fine as long as the agent to prove the gas inspections were actually carried out

Since Rouncefield v Trecarrol set the case law precedent that the actual gas safety certificate doesn’t need to have been given to the tenant to validate a s21, but you will need to prove the inspection was done

Reply to the comment left by David Houghton at 21/11/2023 – 10:29

Hi all, can someone clear this up please re S21, if a tenant moved in without these gas safe, EPC, electric cert & guide to renting docs, after the AST period has lapsed and you now need the tenant to move out, issuing a S21 is a total waste of time, if that’s the case, how do you get them out, do you get all new docs and give them to your tenant or as we keep getting told, we messed up at the start and the tenant can effectively live there forever while they still pay the rent?

Reply to the comment left by Julie Ford at 21/11/2023 – 20:35
Hi Julie

Great thanks, the gas test were carried out on time and have all the certs.

Thanks CP

Reply to the comment left by Jo Westlake at 20/11/2023 – 11:41
Hi Jo

The Agent/supplier said they used to used paper forms and scan them, from 2020 they went digital forms, but the Gas engineer never asked the tenant to sign the cert. The agent said the posted them. so depends on how diligent the person doing this is.

So had a conversation with Solicitor about all this, as it stands the court still looks for proof the GAS Certs were issued to the tenant, regardless of the above case. (Rouncefield v Trecarrol set the case law precedent)
The Agent- has the information on their database, but for some reason is pleading GDPR now ie the tenants details which I have anyway. And will not send me the proof. and yes I am pay them for the fully managed service. 🙁

Update:

So we finally managed to get out of the Agent signed Certificate of service that they have sent the GAS certs to the tenant on time. Sorry to say its take all this time, I still apparently need to prove the tenant was sent how to rent for every year they were there. Again waiting on the agent.

I am now running out of time ie its coming up to six months since the S21 was issued.