Do I complain to council or contractor?

Ames

Hi all, it's a longish story so please bear with me.

A few weeks ago I got home to my council flat to an A5 sticker on my door. From a distance it was official looking - black and yellow stripes etc. I was worried it was from the police and I'd been burgled or there'd been a serious crime nearby. When I got close enough to read it, it was from the council contractors saying that my gas safety check was overdue, and to call a number, it wasn't safe etc.

There is no gas supply at all to the flat. In fact, there's only a gas supply to two properties in the street.

Now, I admit I'd ignored a letter asking me to make an appointment. I assumed that it had been sent in error, since there is no gas supply to the flat.

I have mental health problems (I've been going to the mental hospital regularly, it's where I'd been the day the sticker was put there), and using the phone causes me anxiety and panic attacks. The sticker was put there on a Thursday and I was waiting till the Wednesday when I was due to see my support worker so I could make the phonecall.

On the Wednesday morning I got a letter from the council threatening to take me to court for breach of tenancy due to not having the gas safety check. At my meeting I called them and they were bright and breezy saying they'd take me off the list no problem.

That was two weeks ago tomorrow.

This morning I got a letter dated yesterday from the contractors saying that I've been refusing access for the gas safety check and I'm in breach of my tenancy agreement.

I'm really not happy about all this. Yes, I should have been quicker at contacting them.

I don't think they should be putting stickers on doors. If I'd been an inpatient instead of day patient, or if I'd been on holiday, then it might as well have said 'burgle me'. I also think that the system of contractors just turning up and asking to come in is safe. This is something that happens with all contractors for everything - they rarely write in advance, just turn up and say they're here to check the hoist/the electric/do a tenancy check/whatever. A street full of vulnerable people who are used to letting anyone in is a conman's dream.

I don't think that they should have been wasting time and resources on trying to do a gas safety check on a property that has no gas supply.

I don't think I should have got a threatening letter almost two weeks after being told it was all sorted and they'd taken me off the list for needing a safety check.

I also think that as the council know that I'm vulnerable, they shouldn't have been so heavy handed as to talk about tenancy breaches after I'd been in touch.

I'm not sure though whether I should complain to the council or the contractors? Or even if I have grouds for a complaint at all? Any advice or opinions would be great.

Ames

I've just checked my emails and there's one this afternoon from the contractors telling me that I'm in breach of my tenancy agreement and I have to make an appointment.

I've sent a simple reply saying that as I told the council (ALMO) on 11th July, there is no gas supply to the property and therefore no need for a safety check.

I don't understand why they came and put stickers on my door etc when they had my email address all along!

greenface

Get you and your support worker to phone them when you can . You have no gas to check end of . Good luck and if it helps write things down before to help with questions. An apoligy will be nice too. Get you and your support worker to inform the council about your current health so they know for sure when making contact. Best wishes

DVardysShadow

Let it go to court and use the classic 'There is no gas' defence. Have a good laugh.

Before you do that, write a letter to whoever sent you a letter on Wednesday, saying that you have no gas and keep a copy, so that you can show the judge.

lighting_up_the_chalice

You should complain to your landlord (ALMO) as it is they who have the contract with the contractor. As a result, it is they who would administer any changes in actions required of the contractor. They will also have a published complaints procedure and, ultimately, an ombudsman if you fail to reach a satisfactory conclusion.

lighting_up_the_chalice

DVardysShadow wrote: »

Let it go to court and use the classic 'There is no gas' defence. Have a good laugh.

Before you do that, write a letter to whoever sent you a letter on Wednesday, saying that you have no gas and keep a copy, so that you can show the judge.

Because you can never tire of wasting public resource?

G_M

You've received a letter? With an address on it it?

Write back, to that address, or the one on the notice - or better still a copy to each, AND your landlord, politely explaining there is no gas and asking them to take you off their list for gas safety inspections.

There is no need to get upset by this. It is simply a breakdown in communication. These things happen. No one is deliberately trying to get at you - in fact if there was gas at the property, the inspection is to protect you.

The best way to end the matter is by letter. Addressed to everyone involved.

DVardysShadow

lighting_up_the_chalice wrote: »

Because you can never tire of wasting public resource?

If you have a problem with wasting public resource, take it up with Ames' council. If you read all of what you quoted, you will see that I suggested writing to the council and making the point that there is no gas.

Beyond a certain point, you just have to let the council carry on their merry way - the point I am trying to make to Ames in a roundabout way is that if the council insist on being boneheaded, a court hearing would resolve the situation and is something not to stress about.

Ames

DVardysShadow wrote: »

Let it go to court and use the classic 'There is no gas' defence. Have a good laugh.

Before you do that, write a letter to whoever sent you a letter on Wednesday, saying that you have no gas and keep a copy, so that you can show the judge.

Oh that was tempting! When they sent the pre legal action letter it said in bold that I WOULD be liable for legal costs. Oh really? I CBA though.

G_M wrote: »

You've received a letter? With an address on it it?

Write back, to that address, or the one on the notice - or better still a copy to each, AND your landlord, politely explaining there is no gas and asking them to take you off their list for gas safety inspections.

There is no need to get upset by this. It is simply a breakdown in communication. These things happen. No one is deliberately trying to get at you - in fact if there was gas at the property, the inspection is to protect you.

The best way to end the matter is by letter. Addressed to everyone involved.

I'm not upset and thinking they were out to get me, I just think that to still be getting letters after I've phoned them is a bit off. And that they were heavy handed with the sticker on the door. I totally agree that if there were gas they'd only be doing their job.

I'll get a letter written to everyone explaining all my concerns and asking them to take me off the safety check list.

My support worker was there when I phoned them the other week, so if they do persist in taking me to court even after I've written then she can back me up. I doubt they will though.

The evil part of me thinks that if I do get a court summons I should invite the local paper to pop along to the hearing :rotfl:

Anyway, thanks everyone.

DVardysShadow

Ames wrote: »

Oh that was tempting! When they sent the pre legal action letter it said in bold that I WOULD be liable for legal costs. Oh really? I CBA though.

That i the point of sending a letter saying you have no gas. If you could show that you had told the council that you have no gas, then you would apply for your own costs and the council would have to bear their own.

[Do be sure that you don't have a capped off gas supply, though]

Ames

Oh yes, I know I'd have to contact them before letting it get to court.

No, it's not capped off. Two neighbours had gas central heating put in last year and they had to run pipes through from the next street for them. There is not, and never has been, a gas supply to this property. Which you'd think the council would know. What with them owning it. And having built it.

Mind you, when I got this place I specifically asked if it had gas central heating because that was my main criteria and they said yes. I wasn't impressed when I moved in and found out the truth.

But hey, if Leeds city council or any of it's ALMOs or other departments ever got anything right straight off it'd be national news. And half the city would drop dead with shock.