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Expired gas safety certificate - can I end my tenancy agreement early?

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736 views 1 replies latest reply: 04 February 2015

I contacted the estate agents advising the certificate was due to expire. They never got back in contact, never have arranged anyone to come out and view the property. The certificate has now expired – am I able to get out of my contract living here with this in mind? What rights do I have?


Have a look at your tenancy agreement –  it will be one of the landlord’s obligations to ensure that the Gas Safety check is done on time so if it hasn’t been then they are in breach of the tenancy agreement. In terms of how to get out of the contract you need to speak to a lawyer – try one of the free law centres around the country for some basic advice.

Another approach might be to try and negotiate with them – in theory, you could report the landlord to the Health & Safety Executive and they could face criminal prosecution and a substantial (potentially 5 figure) fine. If it’s the agent who has messed up here they might be more inclined to help you leave than to face the wrath of the landlord. There’s lots of info here on this – take a look at ‘How do I complain if I don’t have a current gas safety record’ to see how you would report the landlord. This might sound a little devious but the requirement for a check to be carried out is there for a reason and the penalties for landlords who don’t do it are harsh for a reason. If you’re going to call yourself an agent or landlord then this really is one of the basic things to get right.

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