Evicting a Tenant: New Accelerated Possession Claim Form N5B6th May 2020
There is a new accelerated possession claim form N5B for properties in England. Landlords must also confirm that a copy of a valid gas safety record was provided to the tenant(s) before they occupied the property.
Furthermore, landlords will also need to provide copies of ALL of the gas safety records throughout the tenancy because these will need to be attached to the claim form.
The government has not explained the relevance of providing ALL gas safety records throughout the tenancy. But the new rules further underline the importance of compliance – not just for good health and safety reasons – but also from an administrative perspective. Abiding by the rules is crucial. And so is being seen to do so.
But the new rules have created a potential pitfall that could catch out landlords...
Gas safety record regulations (as amended) require certificates to be kept only until there have been two further checks of the appliance or flue. Or, if an appliance or flue has been removed, for two years from the date it was last checked.
So a landlord could dispose of old certificates without realising that they may need to produce them to a court at some point!
For more information about regulations affecting landlords, contact Coles Miller Debt Recovery Manager Eric Holt.