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

silvercar

G_M wrote: »

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.

I think "will be" should be replaced with "may be".

Weighing in your favour will be the fact that the boiler was new and certified at installation.

If the tenant was to appeal against a claim for rent arrears on the grounds of no certificate, a question that would be asked of them is why they are now obstructing the landlord in arranging the certificate.

Jhoney_2

jbcck wrote: »

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?

You sound like a match made in heaven frankly. Any chance she is withholding rent due to your oversight with repairs/maintenance too?

You have had scant regard for her health (any kids there?) at minimum legal level for 5years and are in the process of making her homeless, but still you are on here feeling sorry for yourself "will I be fined? and what it will mean for you.

Do the service, get her out and then leave her alone... else take another silly risk and go to jail.

Jhoney_2

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.

:eek:. I rest my case.

Marktheshark

silvercar wrote: »

Weighing in your favour will be the fact that the boiler was new and certified at installation.

More likely to weigh against favour, can hardly argue you did not know you needed one if you were given one and gas cert regulations paper work when you had the boiler fitted.
Thats the Blurb on the back of it in lay man terms.

45002

jbcck wrote:

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?

Hello jbcck.

This sort of problem comes up on forums regards gas certificate and tenants denying access to the gas man .

Most landlords would have just issued a s21 and gained back possession of there property via a court order and bailiffs....

You could have sorted this problem out years ago with a s21, why have you let this drag on for 6 years !

Out of interest what type of tenancy does your tenant have, is there a tenancy agreement what does that say about Inspections so on ?

Thank you...

Guest101

domcastro wrote: »

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.

Ye, F'ing tenant wanting to avoid death!

jjlandlord

The fact that the boiler was new and, hopefully professionally installed, just means that OP did not require a GSC during the first year after installation, assuming that there are no other gas appliances at the property.

Of course on the balance of probabilities it suggests that the boiler was likely in a good condition.
However that does not change the fact that a GSC must be obtained annually by law.

Jhoney_2

G_M wrote: »

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.
.

I appreciate that you are giving a broader view here, but if there were attempts, then there was no 5 year oversight and LL all-about-me would have said so and posted a different thread altogether.

jbcck

Jhoney wrote: »

You sound like a match made in heaven frankly. Any chance she is withholding rent due to your oversight with repairs/maintenance too?

You have had scant regard for her health (any kids there?) at minimum legal level for 5years and are in the process of making her homeless, but still you are on here feeling sorry for yourself "will I be fined? and what it will mean for you.

Do the service, get her out and then leave her alone... else take another silly risk and go to jail.

you sound like my tenant

Jhoney_2

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.

This gave me the best laugh of the morning and I was already chipper!:T