Tenancy agreement / contract & gas safety regulations

[PhilBy]

if a landlord or their letting agent failed to keep to the law regarding gas safety regulations does this have implications on the contract? ie: would the contract be declared void?

I only ask as my son has been letting a room in a property while he studies at University. He was intending to stay at the same property next year so signed a 12 month contract which he was going to renew again come October. This means paying 12 months rent even thought he is only there for 9.
Long story short, went to pick him up and his downstairs room is damp, VERY damp. Landlord wont do anything, says it is only condensation and will not release him from the contract (He will not now be staying there next year)!
I have now found out that there has been no gas safety check done on the property (criminal offence) and I am hoping this will also make the contract null & void

[cascarelli]

Not quite sure if you mean you want to get out of the remainder of the contract for this year (up till October?) or whether he's already signed for next year (from November) and you want to get out of that?

If there is no gas safety certificate it wont necessarily mean that the contract is null and void, it will just mean that the LL is operating illegally and could be prosecuted. If the property is unsafe then that would be a different matter.

Damp is very commonly caused by condensation (by lack of ventilation), but of course it could be another cause. If it is serious then you could contact the Environmental Health department at the local council who would investigate.

If you wish to get out of the agreement that you have with the LL he/she would need to make every effort to mitigate your loses by getting a new tenant who fits the criteria as soon as possible. In the meantime you or your son would be liable for any rent and other costs payable (e.g. bills etc). If the room is let to students it may be difficult to find a new tenant for the period between now and October if that is the period that you are talking about.

If you are 100% sure that there is no gas certificate (has the LL actually told you this or is that he hasn't supplied a copy to you?) then you may be able to use that as leverage.

[teag1rl]

How do you know there hasn't been a gas safety checek? I didnt htink there was a central register. Landlords have to get them done and get certificate. In my old uni these certs had to be shown to accomodation office at Uni before property would be put on student housing list. They wouldnt know if check had been done unless they asked landlord directly. Just because the certificate isnt being displayed in the property, doesnt mean it hasnt been done. I am sure however, if it has not been done, the landlord would be foolish not to let your son out of contract.
Also, your landlord may have point re. condensation. Student are notorious for drying clothes in their rooms and also having windows shut all the time. the damp you describe may not necessarily be the landlords fault.

[PhilBy]

Many thanks for the replies.

The LL is trying to state that the gas fitter could not gain entry to the property & that letters were sent requesting entry (there wasn't) and is claiming 'reasonable effort' has been shown & therefore he is no longer legally responsible for the g.s.c.. However, I do know the gas safety laws and how they are always being updated, the above 'reasonable effort' 'may' apply to an existing tenant but the law clearly states that a copy of the certificate must be given to a new tenant(s) before the tenant occupies the premises. (It also states a copy must be given to all tenants. I.e. 6 tenants = 6 copies) Failure to comply carries a fine of up to �6,000 (increased to unlimited + possible prison term if case goes to Crown Court)

For existing tenants the law states that the certificate (pink copy) must be given to them within 24 days of the gas inspection. There can then be no possible doubt that the tenant has received the record.


Yes cascarelli, I am talking about the remainder of this years contract.

It is clearly penetrating damp. It is a downstairs room with 3 external walls and there has been a large heap of building rubble against the back wall for at least the last 12 months. This heap is about 3ft high and is against the wall that is suffering from damp.

I am working on an assumption, albeit very loosely, that if there was no gas safety check done on the property then it was only guess work that the property was safe to let?

[PhilBy]

A quick correction: It sould read within '28 Days' & not 24 days for the gas safety certificate to be given to an exisiting tenant after the annual check.

[cascarelli]

Yes, it sounds like there's no gas certificate then at all. You may be able to use this as leverage to get out of the agreement. There is some credence to the excuse of 'not being able to get access' but that wouldn't wash for the 9 or 10 months your son has been in there. Anyway, its the LL's responsibility.

The other side of the coin (leaving aside that the LL doesn't appear to have a gas safety certificate) is that it does look like you're simply trying to get out of paying for the last two months of rent (when your son presumably wont be living there) and are looking for possible excuses. The fact that there is damp is a bit irrelevant as you say its probably caused by rubble which was there during the whole of the tenancy (did you/he complain to the LL about this previously, if you did you may be on better ground?).

From what you've said, I would say you're liable for the rent for the next few months but that you may be able to get out of it by using the gas certificate as leverage. Worth a try anyway.

[PhilBy]

Thank you again for your reply.

My son only agreed to the extended contract as the LL stated this would be needed if he wished to retain the room for 07/08. He wasn't aware at the time that the room was damp.
He first complained of the damp late Jan 07
The damp is not the reason my son wants to leave the premises per se, the reason is that the LL will not accept it is damp and therefore not prepared to authorise the repairs.

Had the LL agreed to the repairs (He receives �275 pcm for this one room) there would of been no dispute & my son would of been happy to stay there for his 2nd year.

BTW. For a new tenancy there can be no credence for 'not being able to get access' The gas safety check must be done before tenants move in.

[fran1980]

I currently rent from a private landlord and yes a gas check MUST be done and at the cost of the land lord.
As for the damp i would go to enviromental health they can say the property is unfit to live in which would mean the land lord would have to immediatly fix the problem or allow the tenancy to end immediatly.