Can tenant sue Landlord for not providing Gas safe cert?

jjlandlord

rdr wrote: »

Incorrect, the HSE inforces gas safety not councils.

Thanks for the correction.

rdr wrote: »

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:

whilst this is true, the way for the landlord to comply and to show that they comply is to have the annual gas safety check carried out.
I would think that getting a fake certificate would be an offense for all parties involved, so would be a double-whammy.

BobQ

The OP is clearly trying to rectify the fact that a certificate has not been provided to the tenant in the past 5 months. However, when was the last certificate actually completed.

My impression is that by linking the safety check with the tenancy arrangements the OP is missing the point that the omission on his part is longer than 5 months. What is the date of the last certificate? Is it 18 months, 2 years? If it is this long it could be quite serious if for example there was an incident.

unclebulgaria

G_M wrote: »

Stop texting and start writing. Keep it formal.

A gas safety inspection is not required at the start of a tenancy, but a valid certificate (issued within the preceeding 12 months) is. You were remiss and it is a criminal offence. Your tenant is using this threat as a means to divert attention from the rent arrears, but that is.... your fault!

This is actually incorrect, just a little.
A landlord MUST ensure that after a tenant has vacated that all gas appliances and fittings are safe before re-letting! This is to ensure that the previous tenant has not damaged the installed appliances and nor have they installed their own gas appliances illegally!
You must also provide a current Gas Safety Certificate before the property is re-let.
Just a query, if you're having trouble getting a Gas Safety Inspection done, just how often are you maintaining the installed appliances??

I hope you're not one of these landlords that think that a Gas Safety Cert is you looking after your tenants health and Safety. :eek:

China2

rdr wrote: »

Incorrect, the HSE inforces gas safety not councils. The HSE can not fine you.

Correct... for now. But don't bank on that not changing come April.

http://www.hse.gov.uk/consult/condocs/cd235.htm

arlee

unclebulgaria wrote: »

This is actually incorrect, just a little.
A landlord MUST ensure that after a tenant has vacated that all gas appliances and fittings are safe before re-letting! This is to ensure that the previous tenant has not damaged the installed appliances and nor have they installed their own gas appliances illegally!
You must also provide a current Gas Safety Certificate before the property is re-let.
Just a query, if you're having trouble getting a Gas Safety Inspection done, just how often are you maintaining the installed appliances??

I hope you're not one of these landlords that think that a Gas Safety Cert is you looking after your tenants health and Safety. :eek:

Thanks for your advice.

Its the first time I rented my house which I used to live in myself, the gas hob was newly installed and boiler was serviced and all radiators were checked through by a gas safe engineer just before (18 months ago) I let my house to the current tenant, but I didn't know about GSC until recently (i know this is not an execuse but its true), since I realised this I immediately arranged and tried to get this done, but tenant is strongly refusing to give access.

I have already given 3 notices to tenant for GCS so far, every time tenant replied a long letter full of CAPITAL /bold words and lots of ??? &!!! instead of giving a straight answer to my notice.

Out of blue, my tenant-the husband emailed me that (quoting his own word) - " I would like to inform you that me myself I already personally provided that inspection'. To my understanding his words mean that he did an inspection himself rather than had the inspection done by someone who in this case supposed to be a qualified gas safe engineer. Then I replied him back saying by law this must be done by a GS engineer and offered him another appointment with one week notice.

Tenant (the wife) replied me the next day in an email literally shouting and screaming at me, she took half a page just to show off her and her husband's qualifications and how high profiled they are in their professions, she actually was offended by me thinking that her husband did some low class job(i.e. checking gas appliances himself) which her husband is too posh to do it in a million years and she thinks the action I am taking to make things right is kind of lowness and cheap strategy which offend their mind and cleverness (her own words). At the end of her email she said she doesn't want any communication with me in any forms (post mail, email, text or phone call) and if I ever contact her she will take me to court for harassments.

Personally I don't mind what she says but obviously her emails (3 long ones full of aggressive remarks) came to me as threatening, abusing and bullying, before I take further action I would like to have some advice to the followings:

1. Can tenant get the GSC done without informing or getting permission from the landlord?

2. Is there anything else I need to do in order to get the court order for gaining access?

3. Can tenants restrict me from contacting them at all (all my communication with tenants are written letter with recorded postage)?

4. In what circustances can the tenants sue their landlord of harassment?

Sorry for the long post and thanks for reading and giving advices.

mancitychick

You said thre is a clause in the tenancy allowing for early termination with 2 months notIce. If I was you, I'd be serving the 2 month notice.

arlee

mancitychick wrote: »

You said thre is a clause in the tenancy allowing for early termination with 2 months notIce. If I was you, I'd be serving the 2 month notice.

Our AST is a 12 months agreement 6/8/2011-5/8/2012, there indeed has a clause of early termination by giving 2 months notice to the other party. This clause was especially added to the standard AST as tenant back then was planning to buy house so need flexibility on the tenancy (but now they definitely don't want to move at all).
I was wondering is this early termination term we added ourselves actually valid by law? if it is I will be thrilled! as I can't wait to get them out of my house and my life.

And also the lady tenant is due to have a baby in March/April this year, would it be a problem to get them out?

teeni

an AST can not be ended with in the first 6 months irrespective of the tenancy agreement unless it is an agreed surrender by both parties.

A landlord Here was fined £8500 and had costs awarded against him of £1500 for faling to hav e a certificate, hse took court action against him despite the fact he rectified the issue as soon as he was aware of it will look for the link to the report in a bit.

You can issue a section 8 notice for breech of the tenancy agreement probably ground 12 but this is only a discretionary ground and the court may not grant possession. You can only iuse this if the tenancy agreement clearly states that early termination is permitted for breech of the tenancy agrement otherwise you have no chance of getting them out before the 6 months is up.

issue s21 NOW with a termination date at the 6 month date.

Oh and the lack of a gsc could invalidate your house insurance.

arlee

My AST with tenants will have run for 6 months by 06/02/2012 (next Monday), does it mean I can serve them a 2 months notice on 06/02/2012 to terminate the tenancy?

Can anyone give me some advice on my other questions above (on thread 26)as well?

Many thanks

Yorkie1

What is the exact wording of your break clause?

Don't know the answers to your other questions. Have you joined a LL's association for formal advice? If not, why not?