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Landlord's Property Repossessed After Not Showing Gas Safety Certificate...

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The past week has brought some interesting news, not only in construction, but across the media. The above headline comes as quite shocking to most as it seems very extreme, but it goes to show just how big of a crack down there is on homes that are putting the public's health and safety at risk when it comes to Gas Safe. Those who have undergone any Gas Training Courses in the past will know how big news this is and we'll explain the situation in more detail below.

A recent court case saw a Landlord attempting to regain ownership of his property after a dispute with his tenant ended in probably the worst case scenario. His failed attempt in doing so came about after supplying a gas safety certificate only AFTER the tenant has moved into the property. What sounds as overly harsh is only justice in the eyes of the law as 'Section 21' states that repossession can occur should the tenant not be provided with a gas safety certificate before they actually move in.

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The case has been picked up by the RLA (Residential Landlords Association) which has fueled them further to protect the rights of Landlords in cases like these. It seems as if the fact that the Landlord supplied the Gas Safety Certificate, but only after the tenancy had begun is not enough as the court officially rules that their 'Section 21' powers were made invalid and the dispute cannot be resettled after providing one AFTER the moving in date.

The RLA stand firmly behind the Landlord on grounds that as long as the gas safety certificate is provided before the Section 21 notice is served, then it should be valid. They go onto argue in favour of the Landlord by stating the case could breach a Landlord's rights under European Convention on Human Rights that it deprives them of their possessions. This presents a solid argument here as to lose something worth so much money, should present the opportunity to look at perhaps extenuating circumstances in cases such as these.

The Policy Director for the RLA (David Smith) gave his thoughts:

"Protecting the rights of landlords to repossess properties in legitimate circumstances is key to providing the confidence the sector needs to offer longer tenancies.

The landlord in this case was not seeking to shirk their responsibilities and provided the certificates that were needed.

We will fight to ensure that if nothing else, logic prevails."

The Crackdown In Full Swing?

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It's safe to say the crackdown on Gas Safety is in full swing and is noticeable in campaigns put forward by big governing bodies such as the Gas Safe Register. There are always many cases regarding Gas Safe related issues in the news, from rogue traders to disputes between Landlords and Tenants.

Perhaps the tenant wasn't convinced the property has been inspected by a registered Gas Engineer who had undergone all relevant Gas Courses. In times of health and safety being at an all time high, the public are reminded to only have a Gas Safe Registered Engineer inspect your property! As for Landlords, please share the news and make sure you're in the know regarding Gas Safe Certificates and when to supply them.

If you're confused as to what a Gas Safe Registered Engineer needs to go through in order to achieve such title, please look at our Gas Courses for a clearer idea.