Buy To Let - Tenants in Situ - Gas Safety Certificate

[I-A]

Hi All,

We are buying a property with tenants in situ but we are going to let it privately to them (I have drawn up an AST).

The current managing agent has advised that any Gas Safety Certificate will no longer be valid under my private management and that I will have to get a new one (current owner got the Cert in January this year).

Is this true? Surely Gas safety certified is gas safety certified regardless of ownership, and renewed annually unless there is an installation of a new gas appliance.

I have a copy of the cert too.

Thanks

[Davel]

Sounds a bit daft to me.

Either the appliances are safe for next twelve months or they're not surely.

Bit like an MOT.

Not sure of the legal stance though.

[hornetrider]

I-A said:

The current managing agent has advised that any Gas Safety Certificate will no longer be valid under my private management and that I will have to get a new one (current owner got the Cert in January this year).

Surely this must be BS. Sounds like the agent has the hump you are sacking them off.

[surveyor]

Who payed for the certificate?

Does it say only valid if xyz manages the property?

Agent is being an idiot.... (substitute other words as you wish)..

[MitchT]

Why not just give Gas Safe a ring and ask them?

https://www.gassaferegister.co.uk/useful-contacts/

[brrapp]

The only problem that I can see is that the current certificate will have the old landlord's name on it rather than yours. I can't see that that will require a new certificate as long as both you and the tenant have a copy for your records.
Possibly what the agents are getting mixed up with is that you need to do a gas safety inspection(not an annual certificate) between tenancies if a new tenant is moving in. Not applicable in this case.

[I-A]

The guys at the Gas Safe Register don't know the answer!

Smells like the usual Estate Agent BS to me in all honesty.

I'm assuming the current owner paid for the certificate.

Agree with the point about MOT, good analogy.

Thanks for your input.

[48k]

Gas Safety Certificate is valid for 12 months. You just have to do an inspection between tenancies. Incoming tenants must be shown the current valid Gas Safety Certificate.

http://www.propertyinvestmentproject.co.uk/blog/do...

[Collectingbrass]

48k said:

Gas Safety Certificate is valid for 12 months. You just have to do an inspection between tenancies. Incoming tenants must be shown the current valid Gas Safety Certificate.

http://www.propertyinvestmentproject.co.uk/blog/do...

So if the OP is creating a new tenancy surely that means he needs an inspection, if not a new GSC?

[Fastpedeller]

Surely the Gas Safety Certificate refers to the address? Therefore valid.

[Davel]

No the January one, of which he has a copy, should suffice surely.

[brrapp]

Collectingbrass said:

So if the OP is creating a new tenancy surely that means he needs an inspection, if not a new GSC?

No, there isn't change of tenants, which is what that rule is aimed at, in case the outgoing tenant has compromised the gas supply in some way. If there isn't a change of tenants, then it's not needed.
Even if the rules clearly stated that there had to be an inspection at every change of tenancy agreement (which they don't), no court in the land would prosecute the landlord for a technical breach which had absolutely no risk to gas safety.

[anonymous-user]

given the cost of a gas certificate, personally I'd just get a new one. I would want to know I'm not making myself liable for equipment that may or may not have been certified by a mate of the previous landlord

[I-A]

Thanks guys - I'm going to check with another agent, but logic tells me that the certificate is valid for 12 months irrespective of ownership at the time of the property.

Also gas safety inspections, I have read many conflicting articles on when to get these done. Are they a legal requirement at the change of tenants?

Thanks.

[55palfers]

That's like buying a used car and saying you need a new MOT.

The cert is good for 12 months regardless.

[superlightr]

I-A said:

Thanks guys - I'm going to check with another agent, but logic tells me that the certificate is valid for 12 months irrespective of ownership at the time of the property.

Also gas safety inspections, I have read many conflicting articles on when to get these done. Are they a legal requirement at the change of tenants?

Thanks.

sounds like you need a letting agent to help you but hey you don't want to pay for their knowledge.......


As a letting agent Ill help you for free - So long as you have a valid gas cert and its the same tenants you are fine for that years period. So gas is annual.
Remember your smoke and co alarms, recommended to get electrics checked for safety every 5 years. What EPC rating does it have - in 2018 F &G will be illegal to let out. Asbestos anywhere? Contractors you use to do repairs make sure suitably qualified and uptodate certs.
are you overseas ? apply for NRL1 form HMRC.

Have you let before? you know what to do with the TA and notices? If you don't then use a family run letting agents to help you. its so easy to screw up.

how are you finding a tenant? make sure you take out rent and legal cover. ask the tenants not to call you during the night to fix the light in the bathroom or whatever, ask them again not to call you when your on holiday, at work/ asleep. You said that have drawn up a AST? seriously? :>

do you mean have you copied one? or bought an off the shelf one? or like literally just written one and guessed what may goes in it?

Edited by superlightr on Thursday 2nd March 17:05

Edited by superlightr on Thursday 2nd March 17:06

[I-A]

Thanks for the free information.

I am from the UK, already have a rental property managed by a letting agent and have previous ASTs for guidance - nothing complicated about them as long as you use plain english.

[superlightr]

I-A said:

Thanks for the free information.

I am from the UK, already have a rental property managed by a letting agent and have previous ASTs for guidance - nothing complicated about them as long as you use plain english.

from how long ago? you do realise the legislation is changing rapidly on tenancy law and procedures certainly over the last 2 years its altered considerably.
You don't sound uptodate with the regulations/procedures if you are asking about a Gas safety cert and that you can word a TA so long as its in plain English. Its not the words used in a TA that's difficult but the procedures issuing one correctly and then recovering.


Would recommend that you use a local letting agent to find a tenant and do the paperwork and then manage it yourself. Cost is likely to be 50% of 1mths rent and you will then have a safe document, issued correctly and will have comeback in case they have screwed up for a few hundreds pounds.

How much is the property worth?

Edited by superlightr on Friday 3rd March 00:04

Edited by superlightr on Friday 3rd March 00:11

[KevinCamaroSS]

superlightr said:

Would recommend that you use a local letting agent to find a tenant and do the paperwork and then manage it yourself. Cost is likely to be 50% of 1mths rent and you will then have a safe document, issued correctly and will have comeback in case they have screwed up for a few hundreds pounds.

This is what we do and I think is excellent advice.

[Wings]

The landlord, you OP will held responsible under the Health, Safety & Fire legislations, not the previous tenant/s, landlord, or any previous or present agent, therefore to protect your own interest you should arrange an annual gas safety check on all gas appliances.

Gas Safety Certificate need to be retained for 2 years, with a copy of the same presented to the tenant at the start of a new tenancy, or within 28 days of the safety check being carried out.

In the OP's position, new owner rental property, I would also have the main electrics checked, and also any electrical appliances that the landlord is responsible for.

An Energy Performance Certificate needs to be presented to the tenant at the start of the tenancy agreement, together with the UK Government’s “How to Rent Guide”. At the start of the tenancy, in your case when the new tenancy agreement is signed, checks should be made in front of the tenant/s, of all smoke, fire alarms and carbon monoxide detectors.

A new landlord taking on a rental property with a tenant/s already installed, should carry out and produce an opening inventory check, the same with photographic evidence, and countersigned by all parties.

At the start of any new tenancy agreement, the landlord will need to register the tenant’s deposit, and within 30 days of the commencement of the tenancy, provide the tenant/s with a copy of the Tenancy Deposit Certificate and a copy of the prescribed information relating to the registration of the same.