Gas Safety Certificate out of date by 6 weeks...where do I stand??

sarahf191979

I'm a private Tennant with a Letting Agent, My gas safety check ran out on the 6th July 2008 and has still not been done....I have been intouch with letting agents and they got a Gas Service engineer to call 2 weeks ago, he was due today and has not shown up. I have called the Letting agent and his reply was "he's an idiot must have got the dates wrong I will send him a message"

Where do I stand?? Is there anyone I should call about this? Who could help me?

Any help appreciated.

TIA

tbs624

Sarah - contact the HSE see here for more info http://www.hse.gov.uk/gas/domestic/faqtenant.htm and also talk to the local Council either the Tenancy Relations Officer (Private Sector Rentals Team) or the Environmental Health Dept.

Your LA is the idiot and is irresponsible:failing to have a current gas safety certificate and/or an annual service/check are criminal offences and he/the LL can end up in court facing a fine of several thousand quid.

Keep it all in writing (with copies and by rec delivery ) and keep notes on your previous attempts to get it sorted out.If you have your LLs name & address (which you are entitled to by law) then send him/her a copy of any letters too.

ginvzt

tbs624 wrote: »

Keep it all in writing (with copies and by rec delivery ) and keep notes on your previous attempts to get it sorted out.If you have your LLs name & address (which you are entitled to by law) then send him/her a copy of any letters too.

Sorry, a bit off topic. Is it a law to have landlord's name AND address? We have the name written in the contract, but for address it states the letting agent's address as the address for serving notices to. Do we have to request the landlord's address?

sarahf191979

tbs624 wrote: »

Sarah - contact the HSE see here for more info http://www.hse.gov.uk/gas/domestic/faqtenant.htm and also talk to the local Council either the Tenancy Relations Officer (Private Sector Rentals Team) or the Environmental Health Dept.

Your LA is the idiot and is irresponsible:failing to have a current gas safety certificate and/or an annual service/check are criminal offences and he/the LL can end up in court facing a fine of several thousand quid.

Keep it all in writing (with copies and by rec delivery ) and keep notes on your previous attempts to get it sorted out.If you have your LLs name & address (which you are entitled to by law) then send him/her a copy of any letters too.

Thanks for the quick reply tbs624. I have an appointment with Tennacy relations booked, but will give the private sector rentals a ring now.

Thanks again for the quick reply.

Premier_2

I would call the LA back if they haven't got back to you already and ask when a Corgi registered Engineer will be arriving - hopefully one that is not an idiot either!

Better to sleep tonight in the safe knowledge that the appliances are all ok, than to wait for the various authorities and/or law courts to investigate, which could take months. If the gas installation/appliances are not working safely, you may not be around tomorrow, let alone in a few months time!

sarahf191979

Premier wrote: »

I would call the LA back if they haven't got back to you already and ask when a Corgi registered Engineer will be arriving - hopefully one that is not an idiot either!

Better to sleep tonight in the safe knowledge that the appliances are all ok, than to wait for the various authorities and/or law courts to investigate, which could take months. If the gas installation/appliances are not working safely, you may not be around tomorrow, let alone in a few months time!

Thanks for the Quick Reply too, Premier. I have been intouch with the Private sector housing team now and am just waiting for the letting agent to get back too me.... hopefully anytime soon.

Thanks for replying so quick, and for the info.

:beer:

tbs624

Sarah - you can buy a battery operated Carbon Monoxide detector for around 10 -15 quid, well worth the money. Good to hear that you have spoken to the Private Sector Team - they do need to know about LLs/LAs on their patch who fail to comply with the gas safety regs.

You have to show the LA that them not getting the has safety check/certif done is a serious failing on their part - it is almost 6 weeks since the previous certificate expired.

Decent LLs/LAs have these things on a calendar. You can get a gas safety check done prior to the expiry of the previous gas safety certificate.

Premier is also a LL AFIAA, whose postings indicate that he perhaps likes LLs/LAs to be allowed to skirt around their legal obligations and to be given plenty of chances and reminders by the tenants who are paying them rent.

The LA's ineptitude puts you at risk of carbon monoxide poisoning and not having that current gas safety certificate and the annual check in place is, as I've already said, a criminal offence:

http://www.boilerservicecentre.co.uk/article.asp?i=24

http://www.clickdocs.co.uk/news/view.asp?ID=658

http://news.bbc.co.uk/1/hi/england/hampshire/4978608.stm


The expiry date of the annual safety check/cert is like Christmas - it comes at the same time every year.

The LA/LL has had a whole year to plan and book a CORGI engineer. It's a key part of a LAs/LLs obligations when letting property.

No ifs, no buts.

Captain_Mainwaring_2

tbs624 wrote: »

Sarah - you can buy a battery operated Carbon Monoxide detector for around 10 -15 quid, well worth the money. Good to hear that you have spoken to the Private Sector Team - they do need to know about LLs/LAs on their patch who fail to comply with the gas safety regs.

You have to show the LA that them not getting the has safety check/certif done is a serious failing on their part - it is almost 6 weeks since the previous certificate expired.

Decent LLs/LAs have these things on a calendar. You can get a gas safety check done prior to the expiry of the previous gas safety certificate.

Premier is also a LL AFIAA, whose postings indicate that he perhaps likes LLs/LAs to be allowed to skirt around their legal obligations and to be given plenty of chances and reminders by the tenants who are paying them rent.

The LA's ineptitude puts you at risk of carbon monoxide poisoning and not having that current gas safety certificate and the annual check in place is, as I've already said, a criminal offence:

http://www.boilerservicecentre.co.uk/article.asp?i=24

http://www.clickdocs.co.uk/news/view.asp?ID=658

http://news.bbc.co.uk/1/hi/england/hampshire/4978608.stm


The expiry date of the annual safety check/cert is like Christmas - it comes at the same time every year.

The LA/LL has had a whole year to plan and book a CORGI engineer. It's a key part of a LAs/LLs obligations when letting property.

No ifs, no buts.

Makes me laugh this.

I'm not sure I know of many owner occupiers who have a gas safety inspection every year, yet everyone starts clucking like old chickens because a renter is out of date.
100% gas safety is number 1, but the truth is that with modern enough appliances and more importantly bodgers who don't mess with them, the chances of a good installation failing dangerous are very small.

It's odd that the vast majority of LL's have better inspections in the renters than they do in their own properties.

tbs624

Captain_Mainwaring wrote: »

Makes me laugh this.

Thankfully the HSE and local Councils who prosecute errant LLs on gas safety issues don’t agree with you that it's a laughing matter, Mainwaring.

Captain_Mainwaring wrote: »

I'm not sure I know of many owner occupiers who have a gas safety inspection every year, yet everyone starts clucking like old chickens because a renter is out of date.

What you choose to do in your own home as an owner occupier is entirely up to you: however the plain and simple fact is that if you let property out to tenants in return for rent you owe them a duty of care, and this is a part of that.

Captain_Mainwaring wrote: »

100% gas safety is number 1, but the truth is that with modern enough appliances and more importantly bodgers who don't mess with them, the chances of a good installation failing dangerous are very small.

At least I can agree with you on the bit I've highlighted. The fact is that the vast majority of rented properties do not have recently-installed gas ch systems/appliances and , even where they do, whether or not you view the risk as small is irrelevant. The Gas Safety Regs are not open to negotiation by LLs who see themselves as above the law.

Captain_Mainwaring wrote: »

It's odd that the vast majority of LL's have better inspections in the renters than they do in their own properties.

I've no doubt that many restaurant owners also have cleaner professional kitchens than the ones in their own home, but that really has no bearing on their obligations to those who pay for their services & provide their livelihood. Letting property is a business - if you don't like complying with the relevant legislation then don't go into that line of business.


Don’t like to take up bandwidth with Premier-style long quotes but it’s worth it on this occasion IMO. Quote from the HSE:

“What are my duties as a landlord in relation to gas safety?
You have duties under the Gas Safety (Installation and Use) Regulations 1998 to arrange maintenance by a CORGI-registered installer for all pipe work, appliances and flues, which you own and have provided for your tenants use.

You must also arrange for an annual gas safety check to be carried out every 12 months by a CORGI-registered installer. You must keep a record of the safety check for 2 years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in.

What checks should be done between tenancies?
You must visually check the property to see if the departing tenant has either removed appliances unsafely, or alternatively left behind their own appliance, which should either be removed or checked for safety by a CORGI-registered installer. The opportunity should be taken to clarify appliance ownership prior to renting the property again.

If you suspect that an appliance could have been tampered with, or there is the possibility of vandalism while a property remains empty, then HSE recommends you arrange for another gas safety check to be completed by a CORGI-registered installer before giving access to new tenants.
Before you re-let the property you need to ensure that all appliances are safe and have an up to date landlord's gas safety certificate (a copy of which needs to be given to the new tenant); it is also good practice to arrange for the pipe work to be inspected and tested for soundness.

What if I use a managing agent?
If a managing agent is used to help you meet your duties, make sure that the management contract clearly specifies who is to make the arrangements for maintenance and safety checks. HSE strongly advises that you request to see copies of the maintenance information and safety check from the management agency to ensure maintenance has been completed, which will also help to fulfill your other legal duties.

What if I break the regulations?
You are putting lives at risk and breaking the law. HSE gives gas safety a high priority and will take the appropriate action to ensure compliance with the regulations; this could result in a substantial fine and/or a custodial sentence.”

My highlighting in red

Note that this a max of £5k or 6 months in prison via the Mags Court, and unlimited if it goes to Crown AFIAA.

Maybe it’s not looking quite so laughable now?

jaype

Agreed tbs624. It's a bit like - if I were to stand at the edge of a cliff then decide to jump, that's my lookout. Now, if someone were to come up behind me and push me over...

poppysarah

Captain_Mainwaring wrote: »

I'm not sure I know of many owner occupiers who have a gas safety inspection every year, yet everyone starts clucking like old chickens because a renter is out of date.

It's odd that the vast majority of LL's have better inspections in the renters than they do in their own properties.

Becoming a landlord should involve a serious committment to providing safe housing. It is a good thing that annual inspections are covered by law so well.

What a homeowner chooses to do in their own home is their business. They would be responsible for any deaths that happen there because of their lack of care.