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

Jhoney_2

ManuelG wrote: »

Wow, six years.

Almost as astoishing the tenant never asked before, mind you.

What makes you think T didn't?

Remember OP LL apparently has an EA 'managing' the property and they have failed to the tune of 3K rent and an annual GSC by his account already.

G_M

Jhoney wrote: »

What makes you think T didn't?

Remember OP LL apparently has an EA 'managing' the property and they have failed to the tune of 3K rent and an annual GSC by his account already.

Unless I've missed it, OP has not yet replied to the question about what precisely the agent was contracted /paid to do.

Jhoney_2

Indeed.

But even if they were contracted to do it. LL needs to be ensuring that they are performing any functions for which he has a legal obligation as a minimum- add 6 years of no Gas Appliance checks and rent arrears to the tune of 3K (and failure to serve s.21 notice appropriately and in a timely fashion, suggests he was not bothered.

LL did say he thought the LA/EA was getting the GSC but that it appears he was mistaken.

unclebulgaria

I think the OP is a bare faced liar and a royal plonker!
Ignorance is not an excuse fella!

gazter

duchy wrote: »

Not sure neglecting to get a gas certificate for nearly six years would be considered spurious by the courts. It's a very serious issue. A few months is one thing - a few years is another

But hey - your decision - Don't forget to update us on the outcome

Can you show us any cases in which failure to get a GSC on a single property has resulted in a custodial sentence?

gazter

Marktheshark wrote: »

If you were to be prosecuted for no gas safety certificate for six years, anyone telling you the prosecution would not be all out for a full custodial is a fool.
This is a very serious situation indeed you could be in here, it is also a very valid reason for withholding the rent if you try to sue.

I am sorry, but it does have to be asked, what on earth did you think you were doing renting out a house with no gas safety checks for six years ?
You could have killed the entire family.

They will throw the book if this comes "on top".

Stop trolling. If as a result of the failure to get a GSC someone was killed or seriously injured, then, you would have the book thrown at you.

gazter

laidbackgjr wrote: »

OP read this link http://press.hse.gov.uk/2014/accrington-landlord-in-court-for-gas-safety-failing/ - 60k fine for landlord who didn't supply Gas Safety Certificates

There are plenty of other cases if you google!

You think this bares any resemblance to the OP's case? This was a case of a landlord who flagrantly breached the law in multiple properties and refused to comply with notices requiring him to get the tests done.
He only got prosecuted because he repeatedly refused to comply with their requests.
There would have been no prosecution if he had got a GSC when asked for one by the HSE.

Jhoney_2

HSE aside, LL better hope T has no record of requesting that the boiler be checked etc when he takes her to Court pretending she obstructed access for 6 years...

Even if it was to EA as that would still be down to him. Lousy EA is not a defence - less still for 6yrs. Even if EA was not contracted to arrange GSC, that would usually be the point of contact so LL is still stuffed argument wise.

All standard contracts allow access for these things and there has been ample time to ensure it was done.

Whilst jail may be OTT in so far as noone has been hurt, a fine would be likely, imo.

LL has practically said, as noone was hurt and if when I get it checked it's not faulty, what's the big deal?

The obligation and the potential to have caused serious harm. That is the big deal he lacks the capacity to acknowledge.

domcastro

duchy wrote: »

How did you "look after" you tenant ?
Not raising the rent in isolation isn't "looking after"

Had you (for example) given them the impression it would be a long let so they felt they could invest time and money decorating etc or were there other reasons you got such a bitter reaction ?

There will always be exceptions but on the whole if you treat people well they will act well- if you act like you think they are scum - then you create a self fufilling prophecy.

Nope, I told them it was a 3 year let - which it was! I had just decorated before they went in so when they asked to decorate, I said No because I had always said I was selling in 3 years. They badly decorated anyway - paint on every new carpet! Also, after moving in they got 2 dogs and at least 1 cat. When I served the S21, he moaned at me as I had said he could have the house for 3 years. I told him it had been 3 years! Then because of the 2 dogs, cat, rent arrears and late rent, he had trouble getting somewhere else to live so he decided to blame me for everything. He hadn't paid gas or electric on the property for over a year and it turned out he was claiming housing benefit (which I didn't know).

Too many people on this site believe in the just-world fallacy. You think he treated me badly because I somehow must have deserved it. This is easier for your brains to understand.

Anyway off the OP's post but "treating someone well" doesn't mean they will treat you well in return

marleyboy

Too many people on this site believe in the just-world fallacy. You think he treated me badly because I somehow must have deserved it. This is easier for your brains to understand.

Anyway off the OP's post but "treating someone well" doesn't mean they will treat you well in return

If we are now to assume that all tenants are to be tarred with the same brush, then its only fair to assume all Landlords are dodgy.

Unless of course as has already been said, your post is completely irrelevant to the OPs.