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Landlord repaired our gas boiler

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  • C_Mababejive
    C_Mababejive Posts: 11,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 15 April 2013 at 11:48AM
    http://www.legislation.gov.uk/uksi/1998/2451/regulation/3/made

    Its a bit of a gap in the GSIUR.

    If not undertaking work in the course of employment, one only has to be competent. Competence is slightly more ethereal than qualified or GSR registered.



    The law does protect tenants a little more in that it REQUIRES landlords to employ a person who is a member of a registered class of persons i.e GSR registered so yes,your quote from GSR is right.


    http://www.legislation.gov.uk/uksi/1998/2451/regulation/36/made

    Being in the business so to speak, i regularly get trade mags which list prosecutions against wayward landlords and the kinds of penalities imposed are to say the least...err...vicious and probably disproportionate. But then thats how the courts and HSE view the importance of gas safety.
    http://www.hse.gov.uk/press/2013/rnn-yh-6513.htm

    Perhaps you should print out the recent case quoted above and show your landlord? The costs involved in a new boiler/suitable repairs will suddenly appear to be small change !
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • My understanding is a landlord could for e.g change the divertor valve on a boiler if integrated or to replace a PCB however touching or replacing gas valve, thermocouple or flue would be a big no no..i.e anything to do with the gas directly.
    The Early bird may catch the worm ...but its the second mouse that gets all the cheese!
  • C_Mababejive
    C_Mababejive Posts: 11,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    My understanding is a landlord could for e.g change the divertor valve on a boiler if integrated or to replace a PCB however touching or replacing gas valve, thermocouple or flue would be a big no no..i.e anything to do with the gas directly.

    I would tend to disagree in that the GSIUR in its interpretation section refers to a gas appliance and not specifically to sub assemblies therein.

    http://www.legislation.gov.uk/uksi/1998/2451/regulation/2/made

    Obviously there is a certain amount of interpretation and greyness.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • chappers
    chappers Posts: 2,988 Forumite
    My understanding is a landlord could for e.g change the divertor valve on a boiler if integrated or to replace a PCB however touching or replacing gas valve, thermocouple or flue would be a big no no..i.e anything to do with the gas directly.

    He can do whatever repairs he likes, so long as he can effect them without removing the cover to the boiler or doesn't work on anything to do with the gas supply or flue.
    Competance may be a bit more etherial , but is gauged by proffesional qulification and not just by the fact that a person has carried out an effective repair.
    No ticket, then open to prosecution.
  • Thanks very much for replies.

    I have spoken to Gas Safe and my local environmental health as there are a number of other issues coming to light, cable cancer is suspected and also a roof leak which has been patched but hasent solved the problem.

    They have suggested obtaining quotes for all work required i.e repair roof and reinstate bedroom, full electrical check and quote by a neutral 3rd party etc and present a copy to LL, Gas Safe engineer has also logged the tampering and is writing a report for me.

    Enviro have suggested that if he fails to remedy then they will take up all issues on our behalf.

    I'm not being petty i just want a safe house to live in, not too much to expect when you think how much we have spent on bettering the property:idea:
  • chappers
    chappers Posts: 2,988 Forumite
    Just a word of warning if you rock the boat too much you may find a section 21 landing on your doormat. However the LL would have to protect your deposit first.
  • Yorkie1
    Yorkie1 Posts: 12,052 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    chappers wrote: »
    Just a word of warning if you rock the boat too much you may find a section 21 landing on your doormat. However the LL would have to protect your deposit first.

    If the OP's deposit is currently unprotected, then the LL must RETURN it before a valid s.21 notice can be served.

    Other than that, I agree that OP is in a risky position, having ploughed a lot of time and money into the LL's property without any security of tenure or reimbursement.
  • pawlala
    pawlala Posts: 1,432 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 20 April 2013 at 7:11PM
    diywhynot wrote: »
    they are now - if by penalty you mean prosecution in the courts then defendant would have had to pay a big wodge of HSE's FFI costs during the preceding investigation, probably a much larger sum than the fine itself :)
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    If you are asking the engineer to come round then you are liable to end up paying him (unless you have agreed with the landlord first that he (the landlord) will cover the cost). I understand why you would go straight to the engineer though.
    Have you had a read of the guide on Shelters website about enforcing repairs?
    I believe you can enforce him repairing the boiler but sadly it is down to him whether he decides a new boiler would be more ecconomical or not. I also don't believe that a landlord has to provide an electrical safety test - and also you say your other half has done work on the electrics recently??? This could cause problems.
    Hope you can reach an agreement
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
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