Rental house failed gas safety check - where do i stand

benluke

Hi,

Looking for some advice about where I stand legally etc.

About a 5 weeks a go the 3 bed house me and my family rent failed the gas safety check.

The main concern was with the boiler.
1. It was not accessible to give a full service
2. The airflow pipe coming out of the boiler was said to be too close to the kitchen window so dangerous fumes could blow back in through the window. We have been told not to open the window until the boiler is isolated and a new boiler is fitted up stairs.

Needless to say, a new boiler has not been fitted and I wanted to find out where I stand legally on this and what my next steps could be to make sure something is done about this ASAP.

Thank you for any advice anyone can offer.

Regards,
Ben

hillcats

Is it a private rental or through an agent.
whichever way it is, you should be contacting them rather like yesterday !

silvercar

When you get comments like this on a gas certificate it makes you wonder how the boiler passed in previous years!

If the property failed the certificate then the landlord needs to do what is necessary for it to pass. In this case it could be as simple as sealing the offending window shut and openning access to the boiler.

Was the boiler disconnected and a big red sticker put on it? I'm guessing not, in which case it is safe to use as RGIs would be obliged to disconnect and mark as unsafe if that were the case.

A corgi guy (as it was then) once told me that you were in theory meant to fail a property if it had more than one fault that needed rectifying even if each fault on their own wasn't enough to fail. Other CORGI guys would think this a grey area and note the problems down on the form without failing it overall.

As a tenant I would write tot he landlord and ask when the repairs would be made.

As a landlord I would look to arrange access for servicing and extend or redirect the air escape pipe. Nothing you have said shows me that the boiler is due to be replaced.

clutton_2

how near to an opening window is the boiler discharge airflow pipe ?

do you have any young children in the house ?

with regard to servicing... tenants often confuse a Landlords Gas Safety Certificate (LGSC) with a service.. they are two very different things.. and it is not compulsory for a LL to do a service annually.. it is compulsory to do a LGSC annually. It is wise to get a boiler serviced from time to time.

as a LL i bought a propety with a boiler where its discharge pipe was too close to a window, and due to the strange configuration of walls, the only acceptable alternative was for us to permanently close the window, (in the kitchen where the boiler was situated ) and then install an extraction fan to get rid of kitchen steam and fumes... perfectly legal.. if not absolutely aesthetically pleasing....

Fire_Fox

Are you saying you have had no heating or hot water for five weeks? Have you had any contact with the landlord (ideally a recorded delivery letter)? If you have and no progress you may consider contacting Environmental Health who can enforce the landlord's repairing obligations. Don't waste time dealing with a letting agent, they are simply an intermediary and have neither funds nor liability.

G_M

contact with the landlord (ideally a recorded delivery letter)? If you have and no progress you may consider contacting Environmental Health who can enforce the landlord's repairing obligations. Don't waste time dealing with a letting agent, they are simply an intermediary and have neither funds nor liability.

Best advice.

tbs624

benluke wrote: »

About a 5 weeks a go the 3 bed house me and my family rent failed the gas safety check.

The main concern was with the boiler.
1. It was not accessible to give a full service
2. The airflow pipe coming out of the boiler was said to be too close to the kitchen window so dangerous fumes could blow back in through the window. We have been told not to open the window until the boiler is isolated and a new boiler is fitted up stairs.

Needless to say, a new boiler has not been fitted and I wanted to find out where I stand legally on this and what my next steps could be to make sure something is done about this ASAP.

Ben - your LL is legally obliged (a) to maintain all gas appliances in a safe working order (certificated) under the Gas Safety Regs and (b)under the LL & T Act 1985, s11(1) (c) "to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water"

Do you currently have any form of heating or hot water at the property, ie has the LL arranged for temporary heaters/a water boiler for you? (these can be hired by the day/week - should be funded by the LL) What has the LL done/said so far?

You can get support from the local Council - they will have a Tenancy Relations Officer/Landlord Liaison Officer who deals solely with private sector tenancies, and they can speak direct to the LL if necessary. (assuming that this is a private rental?)

Are there any other repairs issues? You can also ask for the property to be assessed by the Council under HHSRS ( Housing Health & Safety Rating System and the LL can be ordered to get work done.

Are you still within the Fixed Term of your Tenancy Agreement?

benluke

Thanks for all the very quick responses.

Let me give you some more details.

1. The boiler is still operating, so we do have hot water and heating
2. A label and warning notice was issused for the boiler becasue the boiler discharge airflow pipe was "way" to close to the window.
3. I was told to not open the window until the boiler was taken out / shutdown and moved up stairs.
4. I have young children
5. It's rented through an agent
6. I have sent a recorded letter to the agent this morning
7. I am still in a fixed term contract (6 months rolling)

tbs624- Some very good info that I will be acting on.

If there is any further advise anyone can offer, it's all appreciated.

Thanks again everyone.

Regards,
Ben

clutton_2

under no circumstances open the window....

phone your agent tomorrow afternoon and ask when a gas engineer is going to call