no gas safe cert for 6 years- tenant threatening legal action

jbcck

i have a tenant that is about to be evicted. She owes £3000 in rent arrears. I intend to pursue her for that amount after her eviction. However, she has threatened to 'tell the authorities' about my failure to have her boiler gas safe certified annually. The boiler was new 6 years ago, and a gas safe cert was obtained then, but due to my oversight it hasnt been certified since. I intend to do so once i gain access (she is currently denying access) and expect it to pass.

My Q is: can this tenant successfully cause trouble for me with the council etc and can she counter sue for lack of boiler certification?

G_M

Not the council - Health and Safety Executive.

What if I break the regulations?

You are putting lives at risk and breaking the law. HSE gives gas safety a high priority and will take the appropriate action to ensure compliance with the regulations; this could result in a substantial fine and/or a custodial sentence.

You need to learn about LL responsibility. The tenant could have died, then what...?

http://www.hse.gov.uk/gas/landlords/index.htm

http://www.hse.gov.uk/gas/domestic/faqtenant.htm

Do a deal:

1) agree with the tenant not to pursue the rent arrears in return for no action over the gas

2) get a gas certificate now. Without delay.

3) renew the gas certificate every year

4) Read:

New Landlords (information for new or prospective landlords)

jjlandlord

What kind of 'oversight' is that? 5 years in a row?

You should arrange to have a gas engineer carry out an inspection and deliver a GSC ASAP.

I don't think that the tenant can 'sue' you or anything. However, the council/HSE can fine you.

If the tenant denies access, keeps all appropriate records to demonstrate that you are not at fault.
If you have the keys you can enter to carry our the check after notice has been given in writing. However, as she seems bent on creating trouble that may not a wise thing to do. The alternative is to seek a court order.

jbcck

but if the boiler passes the GSC after her eviction can i be fined by the HSE for having a potentially 'faulty' boiler?

silvercar

Is a tenant allowed to deny access for a gsc to be issued? I would try to arrange for the certificate to be issued as soon as possible and should she refuse access then notify the council and the gas certification people (is it still corgi?) that access is being denied, risking a safety issue.

The tenant can get you into bother over this, but her record of refusing you access now may indicate that there was a likelihood that she would have refused access in the past.

The fact that it was a new boiler and certified at the time of installation will stand in your favour. No denying that you have done wrong, but it is clearly different from a gas where a LL "forgets" to get a new certificate because there were warning issues flagged in the previous certificate that a landlord didn't want to spend money on sorting.

silvercar

jbcck wrote: »

but if the boiler passes the GSC after her eviction can i be fined by the HSE for having a potentially 'faulty' boiler?

I would expect that you would get a warning letter, advising you of the need to keep your certificates up to date.

I wouldn't being doing any deal with a tenant in rent arrears who is also now denying access for the certificate to be done. If she was concerned, she wouldn't be denying access.

Marktheshark

Here is some good advice.
Will going to prison cost you more than £3000 ?

They might let Six months go with a fine but six years ?
You are in deep trouble and it might be better to agree amicably not to pursue her for the rent to get yourself off the hook.

jjlandlord

silvercar wrote: »

Is a tenant allowed to deny access for a gsc to be issued? I would try to arrange for the certificate to be issued as soon as possible and should she refuse access then notify the council and the gas certification people (is it still corgi?) that access is being denied, risking a safety issue.

No, a tenant cannot deny access.

GasSafe will not be interested.

In principle I would agree that getting in touch with council/HSE is a good idea because it could preempt any spurious complaint form the tenant for lack of GSC, harassment or "breach of quiet enjoyment" when gaining access.
However, here OP hasn't had any valid GSC for 5 years, so getting the HSE's attention could go both ways...

I doubt very much that OP would go to prison even if prosecuted. Let's no go OTT.

jbcck

i doubt i will get a custodial sentence or a fine for that matter. My plan is to obtain a GSC asap and if it passes, take the tenant to court, and claim she denied access.

duchy

jbcck wrote: »

i doubt i will get a custodial sentence or a fine for that matter. My plan is to obtain a GSC asap and if it passes, take the tenant to court, and claim she denied access.

So you are expecting a court to believe that not having a gas certificate for six years was an oversight as you aren't very good at the legalities of been a LL -but also are savvy enough to take the tenant whose safety you put at risk to court ?

Good luck with that one ! I don't think the judge will be too sympathetic to you believing they are stupid.
They may very well think you and your non paying tenant deserve each other !

You'll get a very large fine -you may be better off financiallymaking a deal with your tenant rather than a big fine AND all the associated legal costs as well as a potentially longer wait to get the tenant out.

Pixie5740

So your plan is to go to court and if it comes to it, lie about your tenant not allowing access for a GSC for 5 years? That's a good plan.

Is there anything else that, as a LL, you haven't done but should have? Deposit protected correctly? PI issued and then re-issued at the start of each new tenancy?

Income correctly reported to HMRC?