Gas Safety Checks - Tenant's Responsibility?

Bickers1

We are in a dispute with our landlord over a lost security deposit (pre-2007 agreement) and service charges. During my research into tenancy agreements and lettings I discovered that we should have had a gas safety check for every year of our tenancy which totalled 4. We have stupidly lost the contract and would appreciate advice if it was likely there was ever a clause in our contract that said we - being the tenants - were ever responsible for providing these? I want to mention the lack of checks in an attempt to get our deposit back but don't want to bring it up if it could appear in the contract.

N79

Even if there was such a clause, it would not have been enforceable. Gas Safety checks are always the LL's responsibility.

G_M

Why start a new thread? - this post just builds on your previous one.

MrsManda

As N79 said, the LL is responsible for gas checks. Details can be found HERE
However without a copy of the contract I'm not sure how you'll prove your LL didn't carry out these checks.

shaven-monkey

The landlord must provide copies of the gas sagety certificates on request to the tennant. That said, you're not the tennant any more.

MrsManda

shaven-monkey wrote: »

The landlord must provide copies of the gas sagety certificates on request to the tennant. That said, you're not the tennant any more.

I realise that, but according to the link I posted the LL has to keep the certificates for 'at least 2 years'. As the OP was last a tenant in 2007 it is possible he could turn around and say that he no longer has the certficates from that long ago and I'm unsure how you'd prove it was because he hadn't had one done

olly300

If your tenancy is pre-2007 just write the landlord a "Letter Before Action" pointing out that:
1. The Gas Safety checks are the landlord's responsibility
2. As you have been in dispute since [the date], you want your deposit returned in 7 days otherwise you will start court action for the deposit, interest and court costs.

Hand deliver the letter to the landlord's house with a witness (make sure the witness has a responsible job) plus send a copy of the letter by post using getting a proof of posting from the post office (it's free). And keep a copy of the letter and the proof.

After 10 days start a claim using MoneyClaimOnLine to get your deposit back. Yes you may lose £50 or whatever out of your deposit but you will get the rest of your deposit back.

olly300

MrsManda wrote: »

I realise that, but according to the link I posted the LL has to keep the certificates for 'at least 2 years'. As the OP was last a tenant in 2007 it is possible he could turn around and say that he no longer has the certficates from that long ago and I'm unsure how you'd prove it was because he hadn't had one done

It's not really a point worth arguing.

The OP can threaten to take the landlord to court as per my post. Judges know the law and while the landlord may lie if they try using that in their defence they won't get very far.