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Not had gas safety certificate for 4 years!

2

Comments

  • Janet_J
    Janet_J Posts: 6 Forumite
    As far as I can tell all the S21 documents are complete and have been dated correctly etc. I am due in court in a couple of weeks. No doubt the judge will order all arrears to be paid together with costs. If gas safety is an issue - the LL will simply have her plumber buddies generate forgeries.

    All I wanted is to be able to sleep at night or not spend so much on electricity.

    Is there really any point reporting the LL to the HSE?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Janet_J wrote: »
    Is there really any point reporting the LL to the HSE?
    Not for you, no, but it may help his next tenant.
  • Janet_J
    Janet_J Posts: 6 Forumite
    How will it help the next tenant? The LL will just ignore the HSE as it seems, lots do. (Until there is a fatality).
  • Yorkie1
    Yorkie1 Posts: 11,786 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Firstly, if you actually have a court date, then I'm guessing that the s.21 notice has already expired and the LL has already applied to the court for possession?

    Or is the court hearing for something else?

    Secondly, gas safety is vitally important. The LL has been breaking the criminal law for 4+ years. You asked for advice and are now knocking back every suggestion or saying they won't work.

    You and your children haven't suffered any ill-effects but who knows whether someone in the future might not be so lucky? You have it in your power to do something about this. All it takes is a few clicks on the regulator's website.

    If the LL tries to get forged documents then the regulator will be able to investigate that too. Don't be so defeatist.

    I'd be taking the action, if only to potentially save someone else's life.
  • Kynthia
    Kynthia Posts: 5,689 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 13 July 2012 at 9:02PM
    Janet_J wrote: »
    I have turned the gas off at the mains and use just electricity for everything. Which has cost me a small fortune over time.

    I'm not excusing the landlord as it is their legal responsibility to have an annual gas certificate, but why did you do this? Most homeowners don't get an annual gas safety check, so did you have a reason to suspect the gas wasn't safe? Also if you were so concerned that you feared for your children's safety and shut the gas off at the mains, why didn't you get a check yourself for £35 or buy a CO2 alarm?
    Don't listen to me, I'm no expert!
  • Janet_J
    Janet_J Posts: 6 Forumite
    Thank you so very much.

    Up until recently the LL was a friend, you see. A couple of years ago there was a gas leak which was repaired by the emergency services. The engineer pointed out the problems with the boiler and other areas.

    So, there was no point me paying for a 'safety certificate' if the gas equipment is faulty! Surely one cannot obtain a 'safety certificate' if the gas appliences are faulty (or am I just being blonde).

    I have been trying 'diplomacy' with the LL to get the repairs done. This failed, so I shut the gas off and I am now withholding the rent.

    What would you do?
  • tbs624 wrote: »
    My bolding . The scheme's prescribed information would need to have been given to the T *prior* to the service of the s21 and the LL would be able to prove that the T had received it

    Sorry, I should have been clearer. I was refering to the prescribed information contained within a S21, not the deposit scheme.
  • Janet_J wrote: »
    Thank you so very much.

    Up until recently the LL was a friend, you see. A couple of years ago there was a gas leak which was repaired by the emergency services. The engineer pointed out the problems with the boiler and other areas.

    So, there was no point me paying for a 'safety certificate' if the gas equipment is faulty! Surely one cannot obtain a 'safety certificate' if the gas appliences are faulty (or am I just being blonde).

    I have been trying 'diplomacy' with the LL to get the repairs done. This failed, so I shut the gas off and I am now withholding the rent.

    What would you do?

    Approach my local authority for them to enforce the LLs statutory obligations.

    The law can only protect you if you are prepared to use it.... In much the same way as your "friend" the landlord is using S21 of the 88 housing act to remove the roof over your head.
  • pawlala
    pawlala Posts: 1,428 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Janet_J wrote: »
    What would you do?
    Probably do your whole street a favour and report the situation before you end up with another "Shaw".
  • tbs624
    tbs624 Posts: 10,816 Forumite
    G_M wrote: »
    HSE (Gas Safety Certificate rules)


    You waited 4 years!!!!!!?

    And then took inappropriate action!!!!?

    After 4 years surely you'd had time to work out what you should do? Now you've brought this on yourself. The LL does not need a reason to serve a S21 (assuming you are out of any Fixed Term tenancy).
    My bolding. Bit harsh there G_M - yes the the OP should not have withheld rent to try to force the GSC issue but, as I said in another post, even had she not done so and even if she had simply reported the lack of GSC to HSE/EHO etc the odds are that she would have been on the receiving end of a retaliatory s21
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