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

jbcck

45002 wrote: »

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...

The tenant is denying access now, but not in the past. the oversight on my part was due to me believing the letting agency were taking care of it, but they were not. there is a TA but i dont have it to hand

jbcck

Jhoney wrote: »

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

you must have a very small capacity brain then

Guest101

jbcck wrote: »

you sound like my tenant

I think if posters had said what you sound like, without restraint, we'd all be banned...

The polite words would probably be: negligent, disregard for the law, terrible attitude...

45002

jbcck wrote:

The tenant is denying access now, but not in the past. the oversight on my part was due to me believing the letting agency were taking care of it, but they were not. there is a TA but i dont have it to hand

What type of tenancy does your tenant have !

Have you obtained the correct possession order which one, was the deposit protected under one of the government schemes ....

benjus

jbcck wrote: »

the oversight on my part was due to me believing the letting agency were taking care of it, but they were not.

Well if that's true at least it's not willful negligence. But the agent merely acts on your behalf, they don't shield you from your legal responsibilities as landlord. It's your responsibility to know exactly what the LA has agreed to do and to make sure that they are doing it.

Jhoney_2

jbcck wrote: »

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?

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

I'm so glad I read your post today. Seriously - thank you

laidbackgjr

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!

jbcck

Jhoney wrote: »

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

I'm so glad I read your post today. Seriously - thank you

its very easy to please simple people

benjus

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!

I'm surprised he avoided prision tbh - having gas appliances considered dangerous or at risk, then ignoring several warnings from the HSE to get them sorted out.

Jhoney_2

jbcck wrote: »

you sound like my tenant

Let me allay your fears.

I am not and will never be your tenant. It may not allay all of your fears, but it certainly does mine!