Landlord wont pay for repair

iamcornholio

BaldPlumber wrote: »

Where do you get your information?

It's my job.

You are correct in that dangerous appliances must be disconnected.

However (assuming a typical HA tenancy agreement) there is a further obligation on the landlord to rectify (ie keep in repair) the appliance. This is absolute, and it will mean correcting the faulty installation so that it it is no longer dangerous and is working again.

If it means a new fire or a new flue, then that is what must be done

It is not just a case of permanently removing/decommissioning the fire because then the tenant is left in a worse position from when the tenancy started - and if so he is entitled to compensation.

scooby75

Well that is interesting. I have since found the name of the chief exec of the HA, as well as the email format, and have sent an email to him advising of the situation. If I don't get a decent response I'll quote the legislation (thanks for that).

I have calmed down a bit now but I'm still furious. Imagine if a tenant said they won't pay some of the rent because they can't afford it?!?! I've also check their tariff and it doesn't seem that there is a cheaper one available. The gas fire is a godsend because it keeps their room warm and doesn't cost as much as the CH which is why there is upset over what they have done. But because my dad doesn't qualify for any aid (well, he does, the powers that be consistently fudge things like using old medical reports and then saying that because he didn't appeal on that matter (he didn't know they used an old report) they can't take it into consideration), he doesn't qualify for other assistance that would be available to him.

I'll let you know how I get on with the email.

lynzpower

http://www.housing-ombudsman.org.uk/

Is the body to take compliants to, but you have to have gone through the complaints process at the HA first.

System

iamcornholio wrote: »

A landlord is required by law (L&T Act 1985) and by contract (the tenancy agreement) to "keep in repair" the fire, to maintain it, and to service it annually (Gas Safety (Installation and Use) Regulations 1998)

And where does

(1)Section 11 (repairing obligations) applies to a lease of a dwelling-house granted on or after 24th October 1961 for a term of less than seven years.

Are HA house leases limited to less than 7 years?

lynzpower

Plus this part?

Use of appliances34.—(1) The responsible person for any premises shall not use a gas appliance or permit a gas appliance to be used if at any time he knows or has reason to suspect that it cannot be used without constituting a danger to any person.(2) For the purposes of paragraph (1) above, the responsible person means the occupier of the premises, the owner of the premises and any person with authority for the time being to take appropriate action in relation to any gas fitting therein.(3) Any person engaged in carrying out any work in relation to a gas main, service pipe, service pipework, gas storage vessel or gas fitting who knows or has reason to suspect that any gas appliance cannot be used without constituting a danger to any person shall forthwith take all reasonably practicable steps to inform the responsible person for the premises in which the appliance is situated and, where different, the owner of the appliance or, where neither is reasonably practicable, in the case of an appliance supplied with liquefied petroleum gas, the supplier of gas to the appliance, or, in any other case, the transporter.(4) In paragraph (3) above the expression “work” shall be construed as if, in the definition of “work” in regulation 2(1) above, every reference to a gas fitting were a reference to a gas main, service pipe, service pipework, gas storage vessel or gas fitting.

scooby75

Following the email, 2 people came to look at the gas fire and basically declare it illegal. It was too near the floor, gaps at the back had not been filled in, no proper seals or stamps(?) were used. They also checked the boiler and said that the flu has not been sealed properly. They also detected a gas leak (5 something per hour?) and were wanting to completely shut off the gas supply and condemn it. My parents freaked out and asked them not to as they only have a gas cooker (no microwave) and can't afford financially or dietry wise to be eating out every day. It's been like this for a few years (probably since they moved in 10 years ago) but no-one has picked up on it despite the annual gas inspections.

Needless to say, I'm livid. What can / should they do now? To be honest, I don't know whether to believe them or not. every time the HA has sent someone to do work in their house, they've had to have someone else come back to rectify the work. It's getting to the point now where I (and they) want to move out due to the seeming incompetence of the workmen the HA sends round each time, plus other problems they're haveing with neighbours who are also HA tenants.

scooby75

Well, an email has arrived which basically tries to excuse the HA. They admit (finally!) that the work should have been free as A) it was the flue that the problem was with and even then, b) it was their fault. But what really annoyed me was their attempt to excuse themselves.

The fire was examined for the past two years, they say, and found to be OK. Therefore, they hold no liability.

Or rather, they just did a sh*t job in inspecting it.

I'll let you know how this progresses.