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

jjlandlord

fishpond wrote: »

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

I did write the correct info.
Any relevant info you'd like to share, or are you just here to troll?

Marktheshark

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".

jbcck

G_M wrote: »

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.

i think this is the most sensible response so far. Whilst i greatly appreciate the advice of everyone so far, assuming the worst possible scenario for a breach of regs is a little dramatic. Hence my Q: if the boiler passes now it cannot have been faulty during their tenancy, so where is the tenants claim to breach of safety?

Guest101

jbcck wrote: »

i think this is the most sensible response so far. Whilst i greatly appreciate the advice of everyone so far, assuming the worst possible scenario for a breach of regs is a little dramatic. Hence my Q: if the boiler passes now it cannot have been faulty during their tenancy, so where is the tenants claim to breach of safety?

That's not the point. It's like not getting your MOT done for 6 years and then the car passing. It's a legal requirement, deal with it.

Mattygroves2

jbcck wrote: »

i think this is the most sensible response so far. Whilst i greatly appreciate the advice of everyone so far, assuming the worst possible scenario for a breach of regs is a little dramatic. Hence my Q: if the boiler passes now it cannot have been faulty during their tenancy, so where is the tenants claim to breach of safety?

The fact that it is safe (if indeed it is) isn't the point.

You are required to get a certificate to prove it is safe on an annual basis and you have failed to do that which is why you are at risk of a fine or worse. Nothing you can do about it now so you'll have to hope you get away with it.

fishpond

jjlandlord wrote: »

I did write the correct info.
Any relevant info you'd like to share, or are you just here to troll?

Erm, no you didn't.
Any relevant info you'd like to share. See post 14.

G_M

jbcck wrote: »

i think this is the most sensible response so far. Whilst i greatly appreciate the advice of everyone so far, assuming the worst possible scenario for a breach of regs is a little dramatic. Hence my Q: if the boiler passes now it cannot have been faulty during their tenancy, so where is the tenants claim to breach of safety?

there will be no "claim to breach of safety" by the tenants.

There will be a prosecution by HSE for breach of the Regulations.

Do you drive? You can be prosecuted for not having an MOT. Whether your car is safe, or has defects, makes no difference. No MOT = a fine/points on licence etc.

And the mitigation I suggested for getting an inspection now will be limited.

HSE are likely to
* consider the fact that you now have a certificate
* weigh against that the fact that you only got it last minute when threatened by tenant
* failed to get one for 5 years

They would still view this seriously, though not quite as seriously as if you still did not have one.

domcastro

I didn't bother chasing my tenant for arrears as he had amassed CCJs whilst in the house. If they're not paying their rent, they will have debts all over the place. When I first visited when he stopped paying rent, he asked "Does your mortgage company know you're renting etc?" He basically went through all the legal requirements to try and find ways to justify not paying. I was all legit but I realised sites like this one give all the little theiving tenants ammo! You have one of them. Your tenant probably got their advice from this forum!! I would walk away from this one and put it down to experience. Your tenant will cause you trouble. Just get rid of them ASAP and then next time follow all the laws.

jbcck

thanks all for your replies. ill let you know what the porridge tastes like

Pixie5740

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.

Ignorantia juris non excusat.

If you haven't already I think it would be a good idea for you to join a landlord association.

You're in the wrong and the tenant is in the wrong. I think your focus should be on a getting a GSC and getting this tenant evicted so that you can get a paying tenant in the property.