Carbon monoxide leak

lil_miss_mummy

We were renting a property for 13 months but within that time experienced numerous problems with leaking boilers, gas leaks from the boiler and the final straw being a carbon monoxide leak in the downstairs living room from the gas fire. My partner and I had serious side effects from it. I felt horribly sick and dizzy and my partner had horrendous headaches. We had to call the emergency gas service to turn the gas off at the mains and the whole family had to go to A&E. Thankfully our three small children had no ill effects.

Because of all this we cut our tenancy short from 18 months to 13 and agreed to move out once new tenants had been found. We tidied and cleaned the place and left it in immaculate condition, then the Estate agents told us we would not be getting our full deposit back because the property wasn't cleaned properly, and we'd left some black bags behind (we'd arrange for refuse to collect but they couldn't come for two weeks). From a deposit of £900 we were left with £292. I was and I am still livid.

We really feel we have been shafted especially after all the grief we have had to put up with in terms of the boiler issues and the serious carbon monoxide leak, so we decide to go to a claims company to see if we could get compensation for the gas/carbon monoxide issues.

The claim company have come back to us and said that since the Landlord/Estate Agents have 3 years worth of gas safety certificates they have fulfilled there side of the bargain in terms of safeguarding the property and we do not have a case unless we can prove neglience on their part.

I'm so peeved we've put up with so much, we've had to downsize quicker than expected into our flat and pay moving costs, plus storage costs.

I feel we have been treated very badly by the landlord and estate agents. All we expected was our deposit back.

What can we do? Do we have a leg to stand on?

maninthestreet

Did you report the gas problems to the LL, and did he ensure that the probems were invesitgate and fixed (by a GAS SAFE registered engineer) ??

tbs624

How long ago did you move out?

Your LL cannot simply make a unilateral decision to deduct from your tenancy deposit.

If this property is in Eng/Wales then tenancy deposit regs will apply to any tenancy deposit relating to an AST issued/renewed for a further Fixed Term after 6 April 2007.

Was there a jointly signed inventory in place from the start of the tenancy? LL needs to be able to show the condition of th eproperty from the start of the tenancy to be able to show that you have failed to leave the property in the same condition as when let, except for fair wear and tear

lil_miss_mummy

Maninthestreet every gas and carbon monoxide problem was reported to the landlord immediately. LL had diamond insurance with a boiler repair company, so they would come out and investigate each issue and replace parts etc. In the end they recommended the boiler be changed because it was not fit for purpose, even though the house was a new build and only about eight years old.

With reference to the gas fire an engineer from the estate agents who I presumed was Gas safe approved said a rubber seal had gone on the gas fire hence the leak. Since we were due to leave the house in a week or so, they just left the fire as condemned and fixed it for the new tenants.

lil_miss_mummy

tbs624 we moved out at the end of January this year.

There was a jointly signed inventory and when the property was checked they came back with things such as crumbs on the work top, dusty toilet pedestal. Really petty things which I would not have overlooked.

We have rented numerous properties and never before have we been stung for leaving a place a mess. That is simply not my style and I was on my hands and knees cleaning that four bedroom, three bathroom house from top to bottom, because I know how particular LL's can be when it comes to the return of deposits.

We feel completely powerless. They took virtually all of our money and we have been left with ridiculous costs, not to mention the awfulness which is having to experience the side effects of carbon monoxide. You just couldn't make this stuff up. It was terrible.

00ec25

lil_miss_mummy wrote: »

tbs624 we moved out at the end of January this year.

There was a jointly signed inventory

We have rented numerous properties and never before have we been stung for leaving a place a mess.

was the deposit registered in a scheme?
I assume if the LL had the gas safety certs then they probably did this too as it suggests a legitimate LL.
Why did you not follow the dispute route for that scheme given your rental experience?
Your only option now is small claims court but on non existent / very flimsy grounds .

lil_miss_mummy wrote: »

not to mention the awfulness which is having to experience the side effects of carbon monoxide. You just couldn't make this stuff up. It was terrible.

whilst not for one second downplaying the serious consequences of what happened to you, the LL has done everything they are required to do, they responded quickly to problems and they followed the law regarding safety inspections.
In the olden days, before the present get rich quick compo culture came in, people used to accept that accidents happen and things do fail/wear out between inspections...
If a compo compnay has told you there is no case, then there is no (cheap/probable) case.
What has the LL failed to do from which you have suffered loss?

lil_miss_mummy

00ec25 thank you for your response.

I don't think the deposit was registered in a scheme because we didn't receive paperwork like we have in previous properties we have rented. I'm not sure why we didn't explore that route. It was mentioned by my sister in law, but we thought the claim route would be more successful I suppose.

In my opinion the Estate Agents (not so much the LL because they are in Australia, but of course they are responsible), have caused us the most issues. They rented out a property where the boiler created massive problems for us. We had to do without hot water and heating for two weeks in the middle of winter. We were put on tenterhooks when the multiple leaks occurred. We knew they were not our fault but were made to feel responsible for the damage until engineers came out out and confirmed faulty parts were to blame, then the gas leaks, and then the carbon monoxide leak.

We just felt like the property was a death trap, regardless of the required procedures the parties followed, so we chose to cut short our tenancy and even then we were told we were still responsible for the lease until new tenants were found. So we played by the rules, because we are good people, despite all the rubbish we'd put up with. Then to add insult to injury they fleece £750 from us, based on some dodgy inspection and some minor grievances, which I feel do not stand.

The least the LL and Estate Agents could of done after all we had put up with is give us our deposit back. I'm so angry. We are good people and we have always been decent tenants, so I don't understand why we were penalised the way we were..

Maybe my argument is based on emotion and the fact we were treated so badly, but surely we should be compensated for something in this situation???