Broken door lock - maintenance issue but being deducted from deposit?

EagerLearner

Hi all,
In this weather I am almost glad not to have gas if the country only has 8 days supply left... almost!
No news from DPS or LL. It now says online I can re-request the deposit but I will leave it a day yet to see if we hear anything.
We won't do anything at this time, but *if* we were to contact LL to see if it can be resolved directly and enquiry about Landlord Gas Certificates for our 3 years, would you say this should this be in writing or a call? I would rather not call her but at the same time, e-mails can make things worse sometimes...

Astec

EL, I spoke to the HSE yesterday about this. The LL MUST issue you a GSC whem you move in, and also every 12 months after that. Even if the checks were carried out without your knowledge, you should still be issued with the certificate. They also mentioned a £20k fine and possible prision sentance, not £5k.

clutton_2

we have this "prison sentence" red-herring quite frequently on here.... no landlord, on his/her first offence, is going to be fined the MAXIMUM of £20k, and will NEVER get sent to prison if it is simply a lack of a certificate..

if a tenant has been seriously injured because of a gas explosion - then of course a custodial sentence may well be appropriate....

Astec

True, but those are the MAXIMUM penalties so are valid as a possible MAXIMUM. Unlikely, but not a red herring.

EagerLearner

Thanks Clutton and Astec - try as I might on HSE can't find £20k mentioned but sounds better than £5k.

EDIT > Just spoke to HSE - he told me up to £5k fine, so I guess we'll keep that figure in mind.

I know Clutton, it's a red herring, but if you were an 'orrible landlord trying to get £80 (or £290+) from your reliable tenants, '£5k possible fine or custodial sentence' might make you more amenable to discussion

Gorgeous_George

If a tenant dies as a result of carbon monoxide poisoning I would hope that the courts would impose a custodial sentence (if the test had not been underaken).

Moreover, I wouldn't like to live with the guilt. I have a LL certificate for the electrics.

GG

clutton_2

GG says - ""I have a LL certificate for the electrics.""

since an electric certificate is not legally required, and yet you have one, why do you make such a fuss about the GAs legislation ?

EagerLearner

Hi all,
I guess as a tenant, all I'd want would be reassurance that whatever the system was in our place, that the LL had done any official chcks that it was safe, whether this was legally required or not...

Hoping for news of any sort re DPS today, as it's been two full days now since we responded on their site.

Gorgeous_George

clutton wrote: »

GG says - ""I have a LL certificate for the electrics.""

since an electric certificate is not legally required, and yet you have one, why do you make such a fuss about the GAs legislation ?

I'm not sure that I make such a fuss.

Occasionally I mention that (IMHO) tenants should be responsible for their own safety. Gas is dangerous and it is important that it is treated with respect. LLs may cut corners or forget to have the gas safety checks done - regardless of the law. Placing the responsibility on tenants, with the right to withhold the cost from the rent enshrined in law (limited to the cost of one week's rent) would (again IMHO) be more likely to ensure that these vital checks are done.

It's assigning the management of risk to the person(s) most likely to deal with it.

If I was a tenant, I'd buy my own carbon monoxide detectors but I would encourage all LLs to provide them as a matter of course AND ensure (as far as possible) that they are used properly.

GG

clutton_2

GG - sorry but you must live in another world... landlords provide a service... Health and Safety legislation (rightly so) says we must provide a safe service/environment.... it is the LLs responsibility to provide safety... not the tenant... insurers would refuse to insure properties if they thought tenants had responsibility for life-threatening equipment.. because some would not bother.....

would AVIS rent you a car and say - "actually its up to you to make sure the brakes work ???"



you say ""It's assigning the management of risk to the person(s) most likely to deal with it."

if you think that landlords are the least likely to to deal with LGSC - then you should not be a landlord GG