Urgently seeking some advice...

Pixie5740

To be honest the lack of boiler certificate isn't that much in terms of leverage compared with a deposit not being protected correctly. The OP would be reliant on HSE taking some action (which will probably be little more than a slap on the wrists) for failing to issue an annual gas safety certificate. The OP should still report the cowbag to HSE though.

I honestly think the OP's best bet is to phone Shelter.

marksoton

Pixie5740 wrote: »

To be honest the lack of boiler certificate isn't that much in terms of leverage compared with a deposit not being protected correctly. The OP would be reliant on HSE taking some action (which will probably be little more than a slap on the wrists) for failing to issue an annual gas safety certificate. The OP should still report the cowbag to HSE though.

I honestly think the OP's best bet is to phone Shelter.

Agreed. But the OP has stated the deposit is protected.

Pixie5740

marksoton wrote: »

Agreed. But the OP has stated the deposit is protected.

Yes I know the deposit is protected. I'm saying that no gas safety certificate doesn't carry as much clout as a deposit not being protected. If the deposit hadn't been protected then the OP would have been in control, it would be down to the OP to take the LL to court where the penalty would be 3 times the deposit. With a lack of gas safety certificate once it's been reported it's totally out of the OP's hands and the OP would be reliant on HSE a) doing something, and b) doing more than a slap on the wrists. This is why I don't think the lack of gas safety certificates really gives the OP any kind of leverage and why the OP should phone Shelter now for advice.

marksoton

Pixie5740 wrote: »

Yes I know the deposit is protected. I'm saying that no gas safety certificate doesn't carry as much clout as a deposit not being protected. If the deposit hadn't been protected then the OP would have been in control, it would be down to the OP to take the LL to court where the penalty would be 3 times the deposit. With a lack of gas safety certificate once it's been reported it's totally out of the OP's hands and the OP would be reliant on HSE a) doing something, and b) doing more than a slap on the wrists. This is why I don't think the lack of gas safety certificates really gives the OP any kind of leverage and why the OP should phone Shelter now for advice.

Ah Ok,see your point. And yes agreed again,Shelter is the way to go.

TheGardener

Does your local council have a rent deposit guarantee scheme - and if so, are you eligible and have you asked? Most LA's have a scheme like this, particularly for vulnerable people - its whole aim is to prevent homelessness (its a lot cheaper than them having to find you accommodation)
Ask at the council for the homelessness officer.

*Robin*

Where are G_M and Guest101?

Lack of a Gas Safety Certificate - over several years - could have a catastrophic effect if the system is not safe! The fact that the boiler is leaking* suggests it isn't in good order; the LL is risking the lives not only of his/her tenant but also the inhabitants of neighbouring dwellings.

I don't know the regulations in detail, but surely the threat of reporting the LL's dereliction of duty of care could be used to persuade LL that it would be a good idea to help their tenant to move on with as little fuss as possible?

I do know that the local authority where I rent out a house would be very likely to issue an order preventing anyone living in the property until regulations are complied with, and prosecute the rogue LL responsible.

However, if G_M and Guest101 think it's no big deal, then I'm sorry for getting up your hopes, OP.

* OP, you are not responsible for damage caused to the cupboard door, so long as you reported the leak to your LL in timely fashion.

tlc678910

Hi, as you have been advised by others I think it is definately worth seeing if you can get the current landlord to back down on the deposit.

How about
Dear Landlord,
As you are aware you have asked me to vacate the property on xxxx

I have found a suitable alternative property and passed the referencing and credit check for this property. After exploring every avenue I am unable to source the deposit of £500 and I would like to request that you kindly refund my deposit in advance of me leaving in order that I can secure the property.

I can assure you that if I am able to secure the alternative property I will be leaving on xxxx as requested. However if I am not able to secure the property I will not be able to vacate the property as I have no alternative accommodation. I would welcome you paying the landlord directly if this is your preferred option (details below).

Without securing alternative accommodation I will not be able to vacate the property as requested. In this case I will need to seek alternative emergency accommodation through the local authority and will require to be evicted through the court process in order to do this.

Regards xxxxx

I would leave until the next step if the landlord says that you are not getting your deposit to say that you will dispute any deductions as you believe that there has only been fair wear and tear and that you will bring to the schemes attention lack of gas safety check/certificate. I don't know if this makes a difference to deposit but the landlord won't like it!

Don't give up OP! You can do this. If you do need to remain in your property and be evicted the local authority will help you to secure accommodation, although I know this might be temporary at first and might still be private. If you do end up with a local authority place the rent could be more reasonable and the tenancy more secure. Keep in touch with housing at the council in case they can help you.
Good luck!

Tlc

Pixie5740

If you want G_M to appear to you to say his name 3 times and offer up a cake.

marksoton

I know the HSE work proportionately but i still say you don't want them on your back.

*Robin*

Pixie5740 wrote: »

If you want G_M to appear to you to say his name 3 times and offer up a cake.

G_M, G_M, G_M, please bring us your wisdom - look, here is a fine cake for you!

:bdaycake: