Gas Safety Certificate?

N79

tbs624 wrote: »

:rolleyes: Sorry N79 - yes, that happens but anyone letting property is personally responsible for ensuring that a copy is there on the premises for the current tenant.

Professional LLs have a folder that all this sort of stuff goes into and checking that out is part of the rounds when re-letting. Even a 10 year old could sort that one out.

If the LA can't sort simple paperwork then there's probably not much hope that he can manage much else.

1. I agree that this LA sounds terrible. The simplest thing is to provide a copy to new tenants when they first are given a copy of the draft contract. Most LLs / LAs should be providing a further copy along with the Ts copy of the signed contract and any other notices which they have to provide.

2. I do not believe that there is an obligation on the LL to ensure that there is a copy on the premises for the current tenant. My understanding, as stated in the document you provide in a post on this thread, is that LLs must ensure that a copy of the certificate (which I assume includes a copy of the LLs original copy) is shown/provided to new Ts before they move in. That is not the same as ensuring that a copy is in the property.

Drea

Oops, I appear to have reported them to the Health and Safety Executive :rotfl:

So Mr Don't-Quote-The-Law-To-Me will be very amused with me now. I phoned Shelter first, they advised me to speak to the HSE. HSE say I will probably get a phonecall from them tomorrow letting me know what's happening.

Will keep you all updated

Captain_Mainwaring_2

Drea wrote: »

Oops, I appear to have reported them to the Health and Safety Executive :rotfl:

So Mr Don't-Quote-The-Law-To-Me will be very amused with me now. I phoned Shelter first, they advised me to speak to the HSE. HSE say I will probably get a phonecall from them tomorrow letting me know what's happening.

Will keep you all updated

You may not have achieved very much if they have the certificate. Everyone will wander around bumping into things, doing what government departments do best (very little), then Um and Ah when the certificate is provided.

All the LA has to do is put the copy destined for you in bin number 13 and say it was left in the property and the tenant must have lost it.

Captain_Mainwaring_2

Drea wrote: »

:rotfl: Okay, that made me lol. We're not that bad! Well, my LA is...

Oh yes you are. That's how copper wire was invented, two scots fighting over a penny.

tbs624

N79 wrote: »

1. I agree that this LA sounds terrible. The simplest thing is to provide a copy to new tenants when they first are given a copy of the draft contract. Most LLs / LAs should be providing a further copy along with the Ts copy of the signed contract and any other notices which they have to provide.

Agree, but has not been done in Drea's case.

N79 wrote: »

2. I do not believe that there is an obligation on the LL to ensure that there is a copy on the premises for the current tenant. My understanding, as stated in the document you provide in a post on this thread, is that LLs must ensure that a copy of the certificate (which I assume includes a copy of the LLs original copy) is shown/provided to new Ts before they move in. That is not the same as ensuring that a copy is in the property.

I think you are perhaps misinterpreting what I have said.
From the horse’s (well, HSE’s) mouth:

“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. “

My highlighting. As you know there are 3 parts, the Corgi bloke's copy, the Landlord Copy and the Tenant Copy. The Tenant Copy is called the Tenant Copy because ....erm....it has to go to the Tenant, not be kept in some "secret treasure drawer"by an idiot LA/LL.

If is not given personally to the Tenant prior to signing the TA, or when the TA is actually signed, then for compliance the only other possibility is for it to be available at the property itself for when the tenant moves in.
[FONT=&quot]
[/FONT]As Drea has not got one, she has clearly not been given a copy in person, although the LA claims to have one, therefore the LA has failed his legal obligation to provide her with a Tenant copy because he hasn't left one at the property either.

Drea

Thanks tbs. I'm not just looking to get a copy to be a pain in the butt.

When the man was here doing the safety check he couldn't actually get the cover off the boiler because a cupboard/wardrobe has been built around it. He had to take a lot of the cupboard apart and still couldn't get the cover off. So I wanted to check that he actually managed to do a full safety check. I'm probably being paranoid

tbs624

elkay115 wrote: »

tbs - we checked the site you gave us before to check if he or the LL were registered. Drea thought that because her address was shown so thought they were registered, but am I correct in thinking that all addresses would show up but would need to have either the LL or LA names next to them to show they are registered?

If you put in aaddress it should confirm list of options but it should show up as the LL/LA being registered, for that address, yes. It is the LL and/or the LA who has to be registered,rather than the property: you can also try a search under their name. They can be removed from the register if not "a fit and proper person" and unregistered LL/LA is unable to collect rent on their properties.

Notlob

when was the inspection done?

Drea

Notlob wrote: »

when was the inspection done?

1st September

tbs624

Drea wrote: »

Thanks tbs. I'm not just looking to get a copy to be a pain in the butt.

When the man was here doing the safety check he couldn't actually get the cover off the boiler because a cupboard/wardrobe has been built around it. He had to take a lot of the cupboard apart and still couldn't get the cover off. So I wanted to check that he actually managed to do a full safety check. I'm probably being paranoid

No, nothing whatsoever to do with being paranoid - you are being entirely sensible and exercising what is a very basic legal right in terms of property rental.

It's a legal requirement because people have died in properties where LLs have failed to safely maintain gas appliances.

Tenants should not be made to feel that they are being difficult by insisting on having a copy of the gas safety certificate -as I said above - it's called a Tenant Copy because a copy has to be given to / left at the property for the Tenant.

LLs and LAs need to stop believing that they are above the law, and Tenants shouldn't let them get away with it. I'm glad you contacted the HSE.