Can i claim for this?

Uplift

I moved into a property on Friday afternoon, after a while my partner said she could smell gas coming from the meter cupboard, i admit it did have a scent but it wasn't strong, the meter cupboard is under the stairs in the living room so it was spreading but we lived with it... a day later my partner is still complaining of smell and headaches so i gave in to her nagging and called the emergency gas man, he came out and straight away said yes there is a leak you shouldn't be able to smell ANYTHING.

Anyway he couldn't fix it within 30 mins so he capped it so it's the 2nd day in our house and we have no heating or hot water.

We have a gas safety record from 2/8/12. and we moved on 28/9/12.. another thing is we found about 6 air fresheners around the meter in the cupboard.. so it's clear this smell has been there and previous occupant has tried to hide it..

I'm left to foot the bill which i wouldn't mind but the previous owner must have known about it due to putting 6 air fresheners around the meter. Is there anything i can do? has he broken the law but ignoring this? putting life in danger... maybe the guy who checked it on 2/8 said it's not that bad and since your moving don't bother paying for it? all speculation i know but i fail to believe it's just massive bad luck that a leak started the day we moved in, partner smelled it day we moved in and guy didn't move out till 4pm so he was in that property all day with the smell.

i don't want to sue but it would be nice to claim the cost of the repairs

googler

Purchased in Scotland, or E&W?

Different rules apply to each.

Uplift

googler wrote: »

Purchased in Scotland, or E&W?

Different rules apply to each.

oops sorry, England.

more_money_for_me

I can totally understand your frustration, but my immediate thought is how difficult something might be to prove. The vendor will absolve all responsibility by saying "we paid for a service/certificate, we thought it was fine". You could really only go after the person issuing the certificate, and to do that you would need a professional opinion to go to court with. I guess you will need to prove that the fault couldn't have occurred after the certificate was issued. I would be asking for an investigation by the body who issue the accreditation, maybe corgi?? What is important is that the issue is investigated/documented before it is fixed. Wouldn't get too hung up on the air fresheners, as easy to explain away with "there was a damp smell".

googler

Then all I can say is - Consult your Solicitor, as to whether or not the contract of sale/purchase includes any provisions regarding the working order of the main systems - gas, elec, plumbing, heating - in the property.

I know that a Scots contract would, but not for E&W

BitterAndTwisted

On the day you completed you accepted everything: all faults or necessary repairs, so the cost of fixing this leak is yours alone.

Uplift

BitterAndTwisted wrote: »

On the day you completed you accepted everything: all faults or necessary repairs, so the cost of fixing this leak is yours alone.

So if we didn't notice it, caused an accident and potentially died.. it would have been my fault?

googler

BitterAndTwisted wrote: »

On the day you completed you accepted everything: all faults or necessary repairs, so the cost of fixing this leak is yours alone.

If this is genuinely the case, then the good people of E&W would do well to petition their MPs for change to the house buying and selling system; this is typically what goes in a Scots contract (or missive)

The Seller undertakes that any systems or appliances of a working nature (including central heating, water, drainage, electric and gas) forming part of the Property will be in working order commensurate with age as at the Date of Settlement.

The Seller will make good any defect which prevents any system or appliance being in such order provided said defect is intimated in writing within 5 working days of settlement. Failing such intimation, the Purchaser will be deemed to be satisfied as to the position.

The Seller will only be responsible for carrying out any necessary repairs to put any system or appliance into such order and shall have no liability for any element of upgrading (except to the extent such upgrading is required to put any such system or appliance into such order).

The lack of any regular service or maintenance of any system or appliance or the fact that it may no longer comply with current installation regulations shall not, of itself, be deemed to be a defect.

The Purchaser shall be entitled to execute any necessary repairs at the expense of the Seller without reference to the Seller or the Seller’s tradesmen (i) in the event of an emergency; (ii) in the event that the Seller’s tradesmen do not inspect the alleged
defects within 5 working days of intimation; or (iii) in the event that any necessary repairs are not carried out within 5 working days of inspection.

The Seller confirms that he has received no notice or intimation from any third party that any system (or any part thereof) is in an unsafe or dangerous condition.

Gonzo33

It is genuinely the case sadly, and I think you are right googler. A change to the way property is bought and sold in E&W would probably be welcomed by all.

Judith_W

If the meter cupboard is under the stairs could the air fresheners not be for shoes also stored there?!

G_M

Home ownership comes with responsibilities and costs.

It's your home.

Fix it.