Gas Safety Certificates
A little known case – Caridon Property Limited v Monty Shooltz – is causing potential shockwaves around the exact date of service of a current gas certificate to new tenants.
The previous acknowledged route was to make sure the tenant was given a valid gas certificate by and often at the start of the tenancy when signing the legal paperwork. This has been turned on its head by this case and it is now accepted that a valid certificate MUST be given to the new tenants before the tenancy starts and paperwork is signed.
Failure to be able to prove the service of the certificate could lead to the landlord being liable under the De-Regulation Act to being barred from serving a valid Section 21 notice. It is hoped that this anomaly will be resolved but at present it is vital that it is given before the paperwork.
Existing tenants can expect the gas certificates to be renewed in a more flexible manner, as under the new Gas Safety Regulations the inspection can be done prior to the renewal date and the certificate issued up to 28 days of after the safety check.
If there is any uncertainty, check with a Gas Safe Engineer who will be able to explain what needs to be done and when.
If you need any advice or further information, get in touch with Phil Keddie at email@example.com.