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Question

Entry and Refusal (England) | Gas Safety (England) | Landlord Wants Tenant to Leave (England)

renewing landlords gas cert while section 8 is being taken to court

21 Dec 2016 | 3 comments

Dear Guildy. As I have reached the stage of serving the section 8 and 21 with hopefully success in the nearer future with the section 8 for rent arrears [day 19 of that process being jan 3rd 2017]. My tenant is now only contactable by letter and or email [which is not answered] The landlords gas certificate will be due for renewal on Jan 6th 2017. If I write to the tenant 4 days in advance asking for access to be made for the plumber to do the appliance checks at an agreed time with the plumber, do I have to attend to ensure this happens at it is a round trip of 340 miles for me as landlord? I don’t want any paperwork for the courts to be challenged if I have not got all my certificates etc up to date. I am aware that the plumber could be denied access with the spare key kept by the next door neighbour. Please can you let me know what my options are. Many Thanks

Answer

3 Comments

  1. guildy

    Where the tenancy was granted on or after 1 October 2015, the gas safety must be given before a section 21 notice can be served. Once the notice has been served it doesn’t matter for that purpose if the gas safety expires. Of course you must carry on all attempts to get the next gas safety done (as you are doing) but that’s for the gas regulations and won’t have any effect on the possession. The section 8 notice is entirely unaffected by the gas safety.

    As long as your letter says the engineer is attending, there will be no need for you to attend.

  2. prangered

    How does it affect Section 8? and what if the tenancy started before 1 October 2015?

  3. guildy

    The gas safety doesn’t affect section 8 nor does it apply to tenancies granted before October 2015.

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