NO GAS CERT BEFORE SIGNING AST = BASICALLY AN ASSURED TENANT! IS FAILED GAS CERT OK TO ALLOW A S21?
Under the rules brought in by the Deregulation Act 2015 (which apply only in England) all landlords of assured shorthold tenancies need to serve a gas safety certificate on their tenants before the tenancy starts (unless the property is without gas). If this is not done then no valid section 21 notice can be served.
So if a tenant does not receive a gas certificate BEFORE signing AST - then he is basically an assured tenant! As would not be able to evict using s21 [as not served gas cert] and if tenant pays rent, also usually not able to evict using s8.
- Is a gas certificate that says gas switched off and not safe to use in current condition – considered having fulfilled this obligation to serve a gas certificate – and therefore allowed to serve a s21 if ever required?
- If yes, can landlord have a gas engineer provide him with a gas certificate advising not tested and not safe to use until tested, for any house that does not currently have a gas certificate, as gas engineer wants to visit after tenant moves in and tops up the gas and electric.
Furthermore, what about an old gas cert that says OK but advises should be rechecked every 12 months, although this would not be suitable for gas regulations, but what about fulfilling the requirement as far as s21 goes. [Obviously a new gas cert was procured within first few days, perhaps even before tenant actually moved in but after they signed…]
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