Landlords Obligations

AlexMac

I'm a small-time landlord, but I'm with Olly and Melancholy. There has been a recent case where a (gas safe registered) installer was jailed for a botched job which killed a youg woman from CO2 poisoning. While this is an untypical and very rare ocurrence, and even more importantly, while the original poster seems to be a sensible, reasonable individual who I am sure, keeps the place well ventilated; a £10-20 CO2 detector is battery-operated and guaranteed for 5 years.... so why not just stick one on the wall to be safe?

And if I treated my tenant like that I'd expect them to give me the 1 months' notice to which they're legally entitled and to quit- leaving me with a couple of months' void cost and the cost of finding, reference-checking a new one, the cost of a new AST and setting up the Tenant Depost Scheme protection, not to mention a tankfull of fuel for the 400mile round trip.

AlexMac

Oops- just realised my 'month's notice' right assumes that your tenancy rolled on as a 'stautory periodic' at the end of your 1st 6-month or 1-year Assured Shorthold Tenanacy (AST). Maybe different if your LL was sufficiently organised to issue a new AST (unlikely ...?)

tbs624

AlexMac wrote: »

I; a £10-20 CO2 detector is battery-operated and guaranteed for 5 years.... so why not just stick one on the wall to be safe?

Be better still if it was a CO (carbon monoxide) monitor rather than one for detecting that C02 ( carbon dioxide) which we all breath out ....:)

Ghostrider

tbs624 wrote: »

Any LL who lets GSCs expire is clearly a plonker. The fact that the OP's LL wants to get in there to remove the results of his boiler dabblings suggests that he is a plonker or more than one count.

He owes his T a duty of care.

Ghostrider's low level of knowledge on LL& T related issues is demonstrated by his assertion above that
my bolding. This is not the case.

As Ghostrider says in on e of his other posts:


Nope - the T should call in the EHO and/or HSE.

Plenty of prosectution reports on the HSE website, of risk taking LLs and other dodgy boiler dddlers

Well wrong again, if the LL is in breach of his obligations under the TA to maintain the property as it was intended within a reasonable time and to a satisfactory standard, then as I have seen in case, a tenant can walk away from the Agreement and the property if they so wish, it's highly unlikely a court would honour a LLs claim in that instance to chase the Tenanat for any remaining rent under the original terms of the Agreement. I'm more than happy for you to prove me wrong if you think you have some substantive evidence or case.

You're all making assumptions that this has already been indentified as a GAS problem and so referring to the HSE etc is just plain knee jerk reactions...

If the problem is not gas related and the LL wants to fix a water related problem on the boiler then there is NOTHING against the law here, he is within his rights as the LL to do this. THAT IS A FACT

sequence

The landlord must have a gas cert done every year. He has not. That's why it's being referred to the HSE who deal with this. The problem is irrelevant.

sequence

Also you assertion that you can desert a contract based on the minor failings of on party is complete nonsense. A contract is there to entitle either party to some remedy if the other fails to keep to the contract. There is no rule that you can abandon a contract if one party fails to meet their obligations, only that you have the right to an appropriate remedy. If what you claim was true, then there would be no point to having a contract.

Ghostrider

sequence wrote: »

The problem is irrelevant.

Of course it is, the OP has no heating, its clearly relevant if the OP has asked advice on it...

:wall:

sequence wrote: »

Also you assertion that you can desert a contract based on the minor failings of on party is complete nonsense. A contract is there to entitle either party to some remedy if the other fails to keep to the contract. There is no rule that you can abandon a contract if one party fails to meet their obligations, only that you have the right to an appropriate remedy. If what you claim was true, then there would be no point to having a contract.

Thats a very rudimentary idea of a contract you have there...and one I suggest you should review given that even within these pages on MSE you'll find numerous threads were advice has been presented to Tenants that by a LL failing under his obligations have been advised to and HAVE walked away from a TA.

molerat

I know my comment was not 100% accurate with respect to only being applicable to the gas /flue side but would you trust this idiot who thinks that gas certificates are a "waste of money" to not cross that very fine line which is actually not that clear.

Ghostrider

molerat wrote: »

I know my comment was not 100% accurate with respect to only being applicable to the gas /flue side but would you trust this idiot who thinks that gas certificates are a "waste of money" to not cross that very fine line which is actually not that clear.

No agreed but that may have been a throwaway comment. And i'd hope that somebody with experience and previously a Corgi registered engineer, could tell the difference between a water feed and a gas pipe...in fact it's probably that experience that has lead him to make such a comment.

Another example could be...

A man who's been a car technician all his life and services his own cars has been told by the car garage that unless he takes his new car to them for a health check and oil change every 12 months and pays their excessive labour costs and markup on parts, then it's not covered by their warranty...he'd probably make an equally throwaway comment because he knows he can do an oil change and health check on a car in his sleep.

tbs624

Ghostrider wrote: »

Of course it is, the OP has no heating, its clearly relevant if the OP has asked advice on it...:wall:

Its unfortunate that your virtual headbanging has not triggered some basic comprehension on your own part.

Sequence appears to have been responding to this from you

"You're all making assumptions that this has already been indentified as a GAS problem and so referring to the HSE etc is just plain knee jerk reactions...

If the problem is not gas related and the LL wants to fix a water related problem "

You persist in ignoring the key fact - which is that there is no current GSC - it expired in April - and LL appears to be reluctant to get a new sorted out, preferring instead to fiddle with the boiler himself.

Therefore,the suggestion was made to the T that they should contact HSE

It's not that hard, really it isnt.

As for the other reponse to Sequence's post

Ghostrider wrote: »

Thats a very rudimentary idea of a contract you have there...and one I suggest you should review given that even within these pages on MSE you'll find numerous threads were advice has been presented to Tenants that by a LL failing under his obligations have been advised to and HAVE walked away from a TA.

What gets posted on these boards should not be taken as advice - open forum, and *anyone* can post - its suggestions and opinion. A Lls failure to repair does not give the T a right to walk away from their own obligations under a tenancy agreement. In some cases it ought to be the case.......but that is no different from a LL whose T is not couhging up the rent not being able to simply renege on his own LL obligations.