Can tenant sue Landlord for not providing Gas safe cert?

BitterAndTwisted

I would advise you in the gentlest way I know how to not be worrying about the inventory at this time: you have far bigger fish to fry. Namely the gas safety check and the rent that is due. The tenant can protest as much as they like about anything they like but no gas cert is not a good enough reason to withhold rent.

talulahbeige_2

You are amazing OP and not in a good way!
You feel its appropriate to leave a tennant in a house without a GSC for 5 mths and then complain when she kicks up a fuss. If i were your tennant I would have already reported you to the council and asked other authorities to look into your dealings as you obviosuly find it very easy to break the law

Cyril

talulahbeige wrote: »

You are amazing OP and not in a good way!
You feel its appropriate to leave a tennant in a house without a GSC for 5 mths and then complain when she kicks up a fuss. If i were your tennant I would have already reported you to the council and asked other authorities to look into your dealings as you obviosuly find it very easy to break the law

Actually I have some sympathy with the OP.

I dread my tenants GSC renewal as its always a battle to get access not because she's difficult but she's so scatty and doesn't see the importance of it. I'll arrange the GSC and she'll cancel or not be at home.

arlee

talulahbeige wrote: »

You are amazing OP and not in a good way!
You feel its appropriate to leave a tennant in a house without a GSC for 5 mths and then complain when she kicks up a fuss. If i were your tennant I would have already reported you to the council and asked other authorities to look into your dealings as you obviosuly find it very easy to break the law

Thanks for your comments.

It is my fault to miss the GSC and I have never denied it or find this appropriate, instead I am taking a proactive step trying to put things right, however tenants are being difficult and refuse to give access to enter the property to carry out the inspection.

Can anyone advice what is the best way by law to give notice to tenants regarding gaining access for gas safety inspection.

arlee

Cyril wrote: »

Actually I have some sympathy with the OP.

I dread my tenants GSC renewal as its always a battle to get access not because she's difficult but she's so scatty and doesn't see the importance of it. I'll arrange the GSC and she'll cancel or not be at home.

Thanks! My tenants are even worse, they accused me not getting a GSC done on one hand, and refuse to give access when I try to arrange one for them on the other hand.
Did you book an appointment and then give notice to your tenants for the GSC? what is the proper way to give notice by law?

China2

arlee wrote: »

Thanks! My tenants are even worse, they accused me not getting a GSC done on one hand, and refuse to give access when I try to arrange one for them on the other hand.
Did you book an appointment and then give notice to your tenants for the GSC? what is the proper way to give notice by law?

HSE Guidance is:

Access to the property

The contract you make with your tenant should allow you access for any maintenance or safety check work that needs to be done. You must not use force to enter the property.

For more information see Regulation (39) of the Gas Safety (Installation & Use) Regulations 1998[1]

A landlord has to show that they took all reasonable steps to comply with the law. HSE recommends the following best practice in these circumstances and strongly advises that a record be kept of all correspondence with the tenants:

• leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details;
• write to the tenant explaining that a safety check is a legal requirement and that it is for the tenants own safety. Give the tenant the opportunity to arrange their own appointment;
• HSE inspectors will look for repeated attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances.

arlee

Thanks China2, I read above from HSE website as well, however what if I booked an GSC then tenants don't reply to my notice, should I still send the engineer there as scheduled? obviously tenants won't open the door or just refuse to give access at all, who will pay the call out fee?

and how many times landlord give notice can be counted as repeated attempts to complete a GSC?

pinkshoes

arlee wrote: »

Thanks China2, I read above from HSE website as well, however what if I booked an GSC then tenants don't reply to my notice, should I still send the engineer there as scheduled? obviously tenants won't open the door or just refuse to give access at all, who will pay the call out fee?

and how many times landlord give notice can be counted as repeated attempts to complete a GSC?

I'd book an appointment for say 2 weeks time, then write to your tenants saying:

Dear <tenants name>,

I have booked an appointment with a Gas Safe Engineer on <date> at <time> to come and check the boiler and issue a gas safe certificate for the property.

If this date is NOT convenient for you, please could you let me know within 7 days of receiving this letter, and suggest an alternative time and date.

If you do not notify me of an alternative date, I shall assume the above date is suitable, and shall meet you at the property shortly before the appointment time.

Should you not wish to be at the property during the Gas safe check, please could you grant me permission to enter the property to allow this to be carried out?

(failure to grant me permission to enter, and failure to be at the property for the appointment will result in you being charged the call out fee for the gas safe engineer)

Kind Regards,

<you>

Send it recorded delivery.

China2

arlee wrote: »

Thanks China2, I read above from HSE website as well, however what if I booked an GSC then tenants don't reply to my notice, should I still send the engineer there as scheduled? obviously tenants won't open the door or just refuse to give access at all, who will pay the call out fee?

and how many times landlord give notice can be counted as repeated attempts to complete a GSC?

As to who will pay the call out fee, thats a civil matter that HSE aren't going to get involved in.

With regard to how many attempts can be considered repeated, that can't really be answered since it will be up to the judge if it ever got to court (don't worry, it won't). You should not just make a couple of attempts and then forget about it for the rest of the year is what that is saying (in that case it may go to court). The Gas Safety Regs are extremely long, but if you want more detailed info look at regulation 39 (a free download is available)

It is not uncommon that HSE get reports where tenants are less than forthcoming with allowing access. Perhaps they consider the longer they are without a certificate, the greater the action taken against the landlord will be. In reality we lose patience with them rather quickly.

rdr

jjlandlord wrote: »

Having a valid gas safety certificate is your obligation before the law. Your tenant cannot sure you for not complying, but can inform the council which then would decide what to do, either directly fine you or give you a chance to put things right first.

Whether your tenant pays rent on time or not has no bearing on this.

Incorrect, the HSE inforces gas safety not councils. The HSE can not fine you. For a first offence the HSE would probably serve you an improvement notice requiring you to have the check done, if you fail to comply with the notice or have form in this field you would be prosecuted and, if you were found guilty, the court would fine you. It is a criminal offence so you would have a criminal record.

For the tenant to successfully sue you they would have to show a loss resulting from your failure to have the check done.

Possession of a certificate is not enough: Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998 imposes three destinct, but linked obigations on the landlord:

Quote:
(2) Every landlord shall ensure that there is maintained in safe condition -
(a) any relevant gas fitting; and
(b) any flue which serves any relevant gas fitting,
so as to prevent the risk of injury to any person in lawful occupation of relevant premises.
(3) Without prejudice to the generality of paragraph 2 above, a landlord
shall -
(a) ensure that each appliance and flue to which that duty extends is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety (whether such check was made pursuant to these Regulations or not);
(b)...
(c) ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years from the date of that check, which record shall include the following information -
from HSE
possession of the certificate alone is not enough, it is not impossible that you get this off your mate the plumber for a nominal charge and no work.