No gas safety certificate for ten years rented

BettyBoop17

The radiators are boiling hot also.
Should I continue to use the boiler/water tank or switch them both off?

Pixie5740

What's the thermostat on the boiler set to?

G_M

BettyBoop17 wrote: »

Thanks everyone,

We signed the tenancy ten years ago and since then the previous landlord sold the house to a new person. I don!!!8217;t know the address of the new landlord and haven!!!8217;t had a new contract.

1) You don't need a new contract. However: Stop paying rent (put the rent aside for later).

In most circumstances I would not advise this, however the law says that if the landlord changes the new owner must inform you in writing.

See the Landlord & Tenant Act 1985 Section 3:

Duty to inform tenant of assignment of landlord's interest.

(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.

(2).........

(3) A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

[F1(3A)The person who was the landlord under the tenancy immediately before the assignment 'the old landlord' shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.

(3B)In subsection (3A) 'the relevant period'; means the period beginning with the date of the assignment and ending with the date when -;

(a)notice in writing of the assignment, and of the new landlord's name and address, is given to the tenant by the new landlord (whether in accordance with subsection (1) or not), or

(b)notice in writing of the assignment, and of the new landlord's name and last-known address, is given to the tenant by the old landlord,

whichever happens first.]

Also see the Landlord and Tenant Act 1987 Section 48:

Notification by landlord of address for service of notices.

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent [F203, service charge or administration charge] otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

2) Buy a CO alarm (around £15)

3) See also

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

BettyBoop17

Thanks, if I’m reading it right it’s 50C

BettyBoop17

This was really helpful, thankyou xx

G_M

You can also report the lack of a gas inspection to the HSE :

By law landlords must carry out an annual gas safety check and provide tenants with a copy of the record of that check. New tenants should receive a copy before they move in and existing tenants should get a copy within 28 days of the annual check being done you don't have a current gas safety record you can report to HSE via form LGSR1.

http://www.hse.gov.uk/gas/domestic/faqtenant.htm

Mojisola

BettyBoop17 wrote: »

I am a disabled woman and live with my disabled daughter whom has a serious illness (she is an adult). We have rented privately for ten years. In those ten years the landlord has never had a gas safety check carried out.

Please contact Shelter and get some support and advice.