Is a landlord in breach of their contract if they haven't issued an up to date Gas Safety Certificate

[RnB]

In a bit of a nightmare situation at the moment .

The flat which I have been renting for the last 3 yrs is in the process of being repossessed due to complicated reasons (landlady in arrears with 2 mortgages on the property, receivers step in but only pay 1 of the mortgages. The 2nd mortgage company have repossessed now).

Anyway, I find out that a charge for possession was awarded to the 2nd mortgage company on Monday. I have been messed around no end with this, really bad communication from the receivers for the last 7 months or so. They know my situation - 30 weeks pg with 2 dcs.

Anyway now that I know it is inevitable that my flat will be sold I need to get out asap. My baby could be born in 7 weeks time. My contract stipulates that I need to give 2 months notice. This is obviously difficult for me as I will be so heavily pregnant by this point moving will be very difficult.

I have just written to the Managing Agents requesting they allow me to leave the property in one month due to the situation. I got a standard 'you need to give 2 months' response.

My gas safety certificate hasn't been updated for 2 years, I have asked them for a new one, but they have ignored this. Is this grounds for breach of contract on their part?

I would say so, yes. It has to be issued annually.

Thanks very much chicaguapa

Does anybody know for sure?

bump

Probably but whether that in itself is sufficient grounds I'm not sure. Normally the 2 months applies to landlord but only one to tenant in an Assured Shrothold agreemrnt Your local council housing dept or Shelter could advise.

Thanks LIZS. It is a 12 month contract with a 6 month break clause. I am within the break clause period but am supposed to give 2 months notice.

Will call Shelter. Thanks.

BUMP

Simple answer is yes. Any landlord that rents a property must provide a valid annual gas safety certificate. Failure to provide this is a serious breach of your tenancy agreement. In addition, if a gas safety has not been done, you should not be using your gas appliances (boiler included). If they haven't done a gas safety they have breached the agreement but they have also broken the law. The housing act 2004 stipulates that all rented properties must have a valid gas safety certificate. I would speak to the NAEA and report the agents.

If they aren't bothering with a gas safety, what else are they neglecting to do? Has your deposit been registered with an approved government scheme and have you received prescribed information? The agents and your landlords sound very dodgy to me.

Well... they are definitely breaking the law by not having issued the gas safety certificate annually, so even if this doesn't count as a breach of contract it's a point to bargain with. You could agree to give less notice and not highlight that they've broken the law.

Let us know how you get on.

you are all wonderful. Thank you x

RnB when our landlord didn't renew the gas safety certificate, I reported him to the Health & Safety Executive who will look into it for you.

"HSE runs a free Gas Safety Advice Line offering advice on gas safety that is open 8am-8pm Monday- Friday and 10am-4pm on a Saturday. To contact the Gas Safety Advice Line freephone 0800 300 363"