The nightmare scenario is already here for me?

by Readers Question

13:48 PM, 13th November 2019
About 4 weeks ago

The nightmare scenario is already here for me?

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The nightmare scenario is already here for me?

The nightmare scenario caused by the gas safety certificate scandal, and not ever being able to serve a section 21 if it was not given to the tenant at the outset of the tenancy, is already here people and it’s gonna come for a lot of older tenancies. I’m already in this position!

Landlord Action have refused to serve a section 21, because I don’t have an original gas certificate even though the tenant moved Pre 2015 in 2008. I Served a section 8, but they defended it with spurious claims of both harassment and disrepair. Neither of which are true.

Now they have lawyer with legal aid and If I want defend I gotta be prepared to lose 20k or just leave them in the property forever

Heeeeeeelp!

Monu



Comments

Frederick Morrow-Ahmed

12:52 PM, 14th November 2019
About 4 weeks ago

When you say you don’t have an original gas certificate, do you mean you didn't serve a copy of the gas certificate to the tenants at the time they moved in in 2008 or are you saying that you didn't have a gas certificate at all at that time?

If the latter, then I think you genuinely have a problem. If the former, then it may have been worth issuing a Section 21, after having issued the tenants with a copy of the latest gas certificate, in the hope that the tenants would leave without forcing you to go to court. An outside chance if you are outside London.

Martin

14:16 PM, 14th November 2019
About 4 weeks ago

"You have to keep records for at least two years. For more information see regulation 36(3)(c) of the Gas Safety (Installation and Use) Regulations 1998."
Copied from hse.gov.uk with reference to how long must a landlord keep expired gas safety certificates.
Surely you gave them a copy at the beginning of the tenancy, you don't have to store yours after 2 years and they must have lost theirs!
In all seriousness if the Governments own guidelines are store for 2 years to show compliance if asked. Then it is unreasonable after this period of time to expect you to have to prove that you gave them a copy in order for them to not be able to wriggle out of a section 21.
I would get a local letting agent to serve the section 21 for you. They will charge, but it will done correctly and it won't be £20K. If asked I would say you gave them a copy but you don't store your copies that far back

Dylan Morris

18:08 PM, 14th November 2019
About 4 weeks ago

On what grounds did you serve a Section 8 ?

Michael Barnes

18:39 PM, 14th November 2019
About 4 weeks ago

Have you agreed a new tenancy since September 2015?

If so, then that is possibly a problem.
But if you can show that T was provided a GSC before October 2015 and argue as Martin suggests, then you should have a chance.


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