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

jjlandlord

lighting_up_the_chalice wrote: »

Then the LL can use the protection provided by the law and obtain a court order for entry (or even possession, if he so chooses).

Yes, but that's a "real impact" as you put it, not to mention cost, isn't it?

oldbaldman

diamond_dave wrote: »

can the HSE do anything about the lack of certificate in previous years? As I understand it there is no legal requirement to keep copies of the GSC's, so h/B]B]ow can the HSE prove[/B[B that there was never one in place? Anyway, the OP should thank his lucky stars that no-one was killed by his stupidity.

Look at this from the HSE viewpoint, and from an evidential viewpoint. The T may report the LL to the HSE, that the LL did not have the gas system checked annually as required by law. T makes a statement which can be out before a court, that is evidence. The fact that the LL has admitted here that this was an oversight on his part for 5 years confirms this, further evidence. The HSE would interview the LL and ask them to prove that they had Gas Safety Certificates from the anniversary following the installation of the boiler, and there should have been one in force anyway when the T moved in. The T may say they are all lost, a breach of failing to keep records for the last 2 years. The HSE may invite the LL to check their accounts for the costs of the GSCs if the LL claims that he/she has had them done annually as required. The onus will be on the LL to prove that they have complied with the law and refute the evidence against them. If it does get to then point where the HSE become involves that last thing the LL should do it try to con them or mislead them. That would be foolish indeed.

obm

lighting_up_the_chalice

jjlandlord wrote: »

Yes, but that's a "real impact" as you put it, not to mention cost, isn't it?

I would call it a protection. Locking my front door costs me a few seconds every night, maybe a total of 1 hour over a year. I still wouldn't call it a "real impact", or even a cost.

lighting_up_the_chalice

oldbaldman wrote: »

Look at this from the HSE viewpoint, and from an evidential viewpoint. The T may report the LL to the HSE, that the LL did not have the gas system checked annually as required by law. T makes a statement which can be out before a court, that is evidence. The fact that the LL has admitted here that this was an oversight on his part for 5 years confirms this, further evidence. The HSE would interview the LL and ask them to prove that they had Gas Safety Certificates from the anniversary following the installation of the boiler, and there should have been one in force anyway when the T moved in. The T may say they are all lost, a breach of failing to keep records for the last 2 years. The HSE may invite the LL to check their accounts for the costs of the GSCs if the LL claims that he/she has had them done annually as required. The onus will be on the LL to prove that they have complied with the law and refute the evidence against them. If it does get to then point where the HSE become involves that last thing the LL should do it try to con them or mislead them. That would be foolish indeed.

obm

What happens is that the T makes a complaint re lack of GSC. The L is asked to produce a current GSC. He gets one done and produces it. Words of advice. Maybe a formal warning. Case closed.

If, however, he fails to produce a GSC, he will be served an improvement notice to get one. He gets one done and produces it. Words of advice. Maybe a formal warning. Case closed.

Only if he still doesn't comply, or an appliance is shown to have been faulty will any further action usually be considered.

jjlandlord

lighting_up_the_chalice wrote: »

I would call it a protection. Locking my front door costs me a few seconds every night, maybe a total of 1 hour over a year. I still wouldn't call it a "real impact", or even a cost.

Err, you were talking about getting a court order... which is a significant impact and a real cost.

kinger101

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.

Perjury and a basic disregard for the your tenant's safety. What a wonderful person you aren't.

lighting_up_the_chalice

jjlandlord wrote: »

Err, you were talking about getting a court order... which is a significant impact and a real cost.

A bit of form filling and the costs can be recovered from the tenant. Hardly the north face of the Eiger.

jjlandlord

lighting_up_the_chalice wrote: »

A bit of form filling and the costs can be recovered from the tenant. Hardly the north face of the Eiger.

:rotfl: :rotfl:

Jhoney_2

One check with "gas safe?" will resolve that house of cards. I bet their records are longer than 2 years.

Th EA who was supposedly implementing the GSC arrangements will also sing like a canary if/when summoned.

Again, responsibility and thus the H&S element will fail as the LL failed to exercise the prerequisite level of oversight - pardon the pun - in the management of his obligations as a LL.

I have nothing to gain by my comments, but I will not sugar coat it for general viewing. I actually think it will wake LL and others up a bit to learn how repugnant and shocking this behaviour/attitude is viewed.

LL has obviously been shaken (despite the attitude etc) by T's threats and is asking for help which is fine, but what I have learned from LL today is not okay.

ManuelG

Wow, six years.

Almost as astoishing the tenant never asked before, mind you.