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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a private landlord whose tenants vacated the property

Resolved Question:

I am a private landlord whose tenants vacated the property on 22nd Sept 2014. They left the property in a bit of damaged state and I disputed the deposit with the Deposit Protection Service after they vacated.
After the dispute the tenant complained to the Health and Safety department that there is no GAS Safe record which is totally wrong as I had got one recently done in Aug 2nd week when the tenants where on holiday and stuck the copy on the boiler like I do every year. Although it was long over due this time.
I received a notice from HSE dated 1st oct 2014 (after tenants have vacated) stating that there is no GAS SAFETY record to which I replied as below
"With reference to the letter received bearing the reference number mentioned in the subject, I would like to inform you that the details are incorrect as the property in not being rented as it is currently unoccupied and on the market for sale. It is in the middle of sale negotiations with a prospective buyer.
I have provided the sale link below.
Emoov Agency
http://www.rightmove.co.uk/property-for-sale/property-32201949.html
Bairstow Eves
http://www.rightmove.co.uk/property-for-sale/property-48385259.html
I work outside of London and if you require historic service information on the appliance, I can send you a scan copy this weekend when I am next in London."
My question is, can HSE penalise me when the property is unoccupied?? Or due to the GAP between last year and this years gas safety record.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether it has had tenants in at all without a certificate ?
Customer:

No but there was a gap between renewals

Customer:

The tenant moved in on 17th Nov 2009 and had gas safety all the way through till Jan 2013 and then Aug 2014. they vacated the property on 22nd Sept 2014. So the only gap was between Jan 2013 and Aug 2014.

Alex Watts :

Ok - the HSE will do nothing about the time it was empty.

Alex Watts :

There is no legal requirement for a gas certificate during the empty period.

Alex Watts :

You might have moved in and you dont need a gas certificate for your own dwelling if you are living there

Alex Watts :

But they will be concerned about the occupied tenant period ie Jan 13 and Aug 14

Alex Watts :

But that is the ONLY period they will be concerned with

Alex Watts :

Can I clarify anything for you about this today please/

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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