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

Jhoney_2

jbcck wrote: »

you must have a very small capacity brain then

In that you may well be correct, but big enough to get an annual gas certificate arranged, Rigsby,

leeroy2009

its rogue landlords like you that should be banned from ever renting property's out again!, no gas safety checks for 6 years? disgusting.

skint-student-nurse

jbcck wrote: »

its very easy to please simple people

coming from someone who 'forgot' to comply with the law and get a gas safety certificate for several years? Ok then...

My ex landlord was fined for not providing gas safety certificates to me for the first month of my tenancy despite the checks being done. The property had a gas leak and after it was reported to the HSE they went down like a ton of bricks on the landlord.

Most people are trying to help you here. Accept the fact that you broke the law,stop blaming your tenant and face up to the consequences.

Jhoney_2

benjus wrote: »

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.

When a GSC is issued, one is for the tenant and one is provided to the LL. If it was being done, EA would have had it, contacted LL to advise access denied etc or sent it to him.

This is farce

jjlandlord

If the property is managed by a letting agent then the agent was negligent and breached his duty of care, IMHO.
OP may have ground to go after them should he suffer from the lack of GSC.

silvercar

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!

So the landlord in this case had warnings from HSE, knew that there were potential problems with the property and still wasn't sent to prison!

Makes you wonder what a landlord needs to (not) do in order to be imprisoned.

duchy

It is unfortunate for the decent LLs out there who will be made to pay (literally) with tighter legislation and greater taxation obligations when politicians respond to the nation's increasing objections to the entire BTL industry and its impact.

The blame can solidly be laid at the door of landlords like the OP.

If ever an industry needed to self regulate and put its house in order it's the private rental sector at this time.

Jhoney_2

jbcck wrote: »

its very easy to please simple people

Said the EA to the Judge....

G_M

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!

To be fair to the OP, this case
a) involved a known gas issue that was ignored
b) followed repeated warnings by HSE

OP - what does your contract with your letting agent say? Does it say they should manage/arrange GS inspections? Does it say they shouldn't?

If their terms of Business include an extra annual charge for arranging inspections and you have declined to pay it, you cannot blame the agent. If you expected /instructed them to arrange it, and they failed to, you could sue them for whatever loss you incur

Though ultimately HSE will still hold you responsible - even if the agent was paid to arrange inspections you should have checked they did so.

N1AK

G_M wrote: »

Not the council - Health and Safety Executive.

Do a deal:

1) agree with the tenant not to pursue the rent arrears in return for no action over the gas

I would strongly suggest that if you make a deal that it is not recorded formally. Your promise not to pursue a civil matter in return for them not pursuing a (I believe?) criminal matter is likely not enforcable and may make matters worse if it ever was reported.

If this just costs you £3k and the gas safety issue is never reported you can probably consider yourself very fortunate.