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

jbcck

I am the OP. For those wondering how it all concluded....
i contacted HSE myself and told them the situation. I explained about the mix up with the Gas Safe certification. They asked does the boiler currently have one etc. (which it does). I was told that no further action is to be taken. I didnt receive a warning letter or a jail term as some of the post here would suggest. Took the tenant to court and got my money back. I would suggest using this site with caution. There are people with nothing better to do than create drama in their lives by offering amateur advice.

societys_child

There are people with nothing better to do than create drama in their lives by offering amateur advice.

Apparently boilers become lethal every 12 months . . .

Glad you got it sorted.

Guest101

jbcck wrote: »

I am the OP. For those wondering how it all concluded....
i contacted HSE myself and told them the situation. I explained about the mix up with the Gas Safe certification. They asked does the boiler currently have one etc. (which it does). I was told that no further action is to be taken. I didnt receive a warning letter or a jail term as some of the post here would suggest. Took the tenant to court and got my money back. I would suggest using this site with caution. There are people with nothing better to do than create drama in their lives by offering amateur advice.

Few years ago I had to see three different GPs, first two misdiagnosed me, the third got it right.

My point being The person at the HSE might've been having a good day, or maybe had too many cases on the go. Another might've acted very differently.

Glad you got it sorted.

System

Or he may have assessed the situation given the facts and guidelines they work in and came to what he considered, a fair decision rather than the knee-jerk reactions of the hang 'em high for the littlest transgression crowd that seem to frequent this thread

Landofwood

jbcck wrote: »

I am the OP. For those wondering how it all concluded....
i contacted HSE myself and told them the situation. I explained about the mix up with the Gas Safe certification. They asked does the boiler currently have one etc. (which it does). I was told that no further action is to be taken. I didnt receive a warning letter or a jail term as some of the post here would suggest. Took the tenant to court and got my money back. I would suggest using this site with caution. There are people with nothing better to do than create drama in their lives by offering amateur advice.

So the tenant just found £8k that they'd lost down the sofa and transferred it over?

I suspect you mean you've been awarded the funds, but I doubt you'll ever see it.

agrinnall

jbcck wrote: »

I am the OP. For those wondering how it all concluded....
i contacted HSE myself and told them the situation. I explained about the mix up with the Gas Safe certification. They asked does the boiler currently have one etc. (which it does). I was told that no further action is to be taken. I didnt receive a warning letter or a jail term as some of the post here would suggest. Took the tenant to court and got my money back. I would suggest using this site with caution. There are people with nothing better to do than create drama in their lives by offering amateur advice.

Lucky escape. Nothing in this post excuses your poor attitude to your legal responsibilities as a LL, and I hope for the sake of other people looking to rent in your area that you have decided that it's too much bother and you're out of the business now.

Out,_Vile_Jelly

jbcck wrote: »

I would suggest using this site with caution. There are people with nothing better to do than create drama in their lives by offering amateur advice.

Then act like a professional and join a Landlord's Association and learn your legal responsibilities. Nobody here claims to be anything other than members of the public offering free advice.

DRP

jbcck wrote: »

I am the OP. For those wondering how it all concluded....
i contacted HSE myself and told them the situation. I explained about the mix up with the Gas Safe certification. They asked does the boiler currently have one etc. (which it does). I was told that no further action is to be taken. I didnt receive a warning letter or a jail term as some of the post here would suggest. Took the tenant to court and got my money back. I would suggest using this site with caution. There are people with nothing better to do than create drama in their lives by offering amateur advice.

i think most of the advice that you get from a public forum is going to either worst- or best-case scenarios, with little inbetween.

Proper advice needs to be received from experienced experts - and usually paid for!

G_M

Not sure what kind of advice you expected, if not amateur, from a public forum, and not even a business orienatated one.

Glad you got it resolved though , glad you now have a certificate, glad you've now learned the legal requirements for the future.

What you got here was

* explanation of the law
* explanation of the potential penalties
* warning that 5 years might be seen as significant in HSE eyes (OK - you were lucky)
* advice to get a certificate asap (which advice you sensibly took before contacting HSE)

Yes there was some excessive doom and gloom (including myself!) about how firmly HSE might come down on you, but they could have done, and surely it was better to warn you of the worst case, than casually say "Don't worry you'll be fine"??

And finally, yes, there was critisism about your long-standing oversight. Well, you did break the law. And that particular law is there because lives can be at stake. And a landlord should take the trouble to find out what laws/regulations he needs to comply with.

So a little more gratitude/humble-pie I think is in order.....

Having said that, we've all learned, and now know that HSE sometimes prosecute and sometimes don't, presumably depending on the circumstances, officer involved etc.

Now - just to set the cat amongst the pigeons, have you completed your risk assessment:

http://www.rla.org.uk/landlord/guides/legionnaires_disease.shtml

Marvel1

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.

Makes me wonder why the need for the original post?