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

G_M

If the LL had evidence that for 5 years he has been trying to gain access and the tenant has been refusing, that would stand the LL in a better light.

Though even then, the question would be why did LL not evict the tenant or get a court order for access?

But it seems it is only now that access is being denied.

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

The regulations require annual reports. Breaching the regs is punishable.

Of course, if you have a valid certificate by the time the HSE get involved, that will mitigate matters and reduce any punishment.

Dan-Dan

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.

You sound like an awful LL who gives good ones a bad name

fishpond

jjlandlord wrote: »

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.

They can and do.

jjlandlord

fishpond wrote: »

They can and do.

Let me rephrase: They have not right to deny access, and the landlord has a right of access he can use if he's got the keys and serve proper notice.
Whether it would be wise to do that in a given situation is for the landlord to ponder.

The rest has been argued ad nauseam. Please do not start again.

duchy

jjlandlord wrote: »

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,

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

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

jjlandlord

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

Read my post in full and you will find out that this is exactly what I wrote.
Why did you cut out the relevant parts of my post?

jbcck

yes- but is the potential fine/prison sentence really for absent minded LL's. Surely its for the worst possible rogues with a scant disregard for their tenants safety? There must be a graduated punishment for less serious cases like mine? im eager to take this tenant to court. On top of the 3k there is another 5k in lost rent and legal fees.

fishpond

jjlandlord wrote: »

Let me rephrase: They have not right to deny access, and the landlord has a right of access he can use if he's got the keys and serve proper notice.
Whether it would be wise to do that in a given situation is for the landlord to ponder.

The rest has been argued ad nauseam. Please do not start again.

I wouldn't need to correct you if you wrote down the correct information to start with!:p

silvercar

Faults on all sides here.

Lack of a gas certificate is not a reason to build up rent arrears.

The fact a gas certificate is long overdue is not a reason to deny access for one to be done now.

I'm sure if the HSE did hear about this, one of their responses would be that the landlord should arrange for one to be done asap.

Guest101

jbcck wrote: »

yes- but is the potential fine/prison sentence really for absent minded LL's. Surely its for the worst possible rogues with a scant disregard for their tenants safety? There must be a graduated punishment for less serious cases like mine? im eager to take this tenant to court. On top of the 3k there is another 5k in lost rent and legal fees.

You mean like you? LLs who ignore the law designed to protect peoples lives?

I'd love to hear about the extra 5k in lost rent as well as the 3k rent arrears.....