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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8282
Experience:  Dual qualified Solicitor and Attorney
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We let a flat and have a tenant under AST with a pre-paid

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Hello,
We let a flat and have a tenant under AST with a pre-paid gas meter which is heavily in debt. We thus cannot complete the Gas Safe Cert for the property as there is no supply from the meter. The last gas engineer to attend a month ago capped the gas after the meter and informed the tenant and letting agency this would negate the need for a certificate. Advice from the National Residential Landlord Association (NRLA) indicated under The Gas Safety (Installation and Use) Regulations 1998 s.36(6) -Regulation 36 (Duties of Landlords) we still have to perform one.
The NRLA cannot provide any further advice so have advised speaking to a legal professional.
I’m looking for advice on how we can proceed either by fulfilling our duties under the Act or negating the application of it in this situation (i.e. asking for Transco to cut the gas supply from outside the property, if this is allowed/applicable/possible).
The tenant was not using the gas (the Standing Charge brought about the heavy debt) and has access to heating and hot water via electrical means. He currently has a dispute with the gas company about their terms of contract and is unwilling to pay or allow anyone else to pay under principle that the cost is unjustified.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I don't believe any is required at this point.
JA: Where is the flat located?
Customer: Northumberland UK
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothimg immediately springs to mind
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

The way to fulfil the obligation would be to cut the gas supply to the property that way there is no gas and hence no need for a gas safety certificate. This also prevents the tenant going further into arrears. You can ask the gas company to cut the supply. If he complains about this you can say well you are not paying their fees for their service so they have cut the supply. I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day

Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8282
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and 2 other Property Law Specialists are ready to help you