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Question

Gas Safety (England) | Prescribed Information (England)

Gas Certificate evidence and the Oct 2015 rules

23 Jan 2018 | 4 comments

Hello, I have a question about the October 2015 rules: I have a tenant who’s first AST started in 2014 (before these rules came into effect). They were given a 2013 certificate but they didn’t sign for it at the start of their tenancy in 2014, then they were given (and signed) the next gas certificate after the rules changed when it was due. They also were given and signed a couple more gas certificates in the following couple of years – do you think this is acceptable as section 21 evidence of gas certificates if needed?

Answer

4 Comments

  1. guildy

    It doesn’t really matter because the rules don’t apply assuming no renewal tenancy was done on or after 1 October 2015. However, we believe that it is acceptable regardless.

    There’s no requirement for them to sign as receiving a copy (but of course by doing so takes away any doubt). You just have to show they received a copy (if the rules apply).

    It’s worth noting that from 1 October 2018, the rules will apply to all tenancies (including those granted before 1 October 2015).

  2. Jackson

    Thanks but the tenancy was renewed, hence needing to do a section 21 now . . . so do you think no signature on the AST done prior to the Oct 2015 ruling, (I have an email from the estate agent confirming that they had given it to the tenant) but actual signatures on all of them after the ruling would be acceptable?

  3. guildy

    Yes, we believe that will be acceptable. It seems all the legislation is concerned with is the current gas record as at the time of serving the section 21 (although that’s not as yet tested).

    If you have a signature for the very latest one, that will be enough. If not, send that one at least 4 days before serving the section 21 and obtain proof – a photo of going through door if hand delivery or if posting, free of charge proof of postage from post office.

  4. Jackson

    The section 21 is already served but that 2017 certificate is already signed by these tenants and the 2016 and 2015 ones as well.

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