Gas Boiler Annual Servicing with social landlord - threat to cap supply

DrDeejUK

I am a social tenant. I rent from Orbit Housing and the annual gas boiler servicing is done by Robert Heath. Every year I have my boiler serviced as per the legislation. Every year I have trouble getting people out to do the job because the contractors never turn up as agreed. Last year when I had trouble I rang my landlord and was able to arrange an appointment for 3 weeks post contact and well within the time needed to do the service. This year has been more problematic. The contractors will only organize an appointment for a week in advance. I am disabled and need somebody with me when somebody comes into the property which has been a little difficult to organize at short notice and also had a number of health related appointments that I couldn't get out of. I tried to explain this to them and offered them a number of dates where I would be available. They refused me. I then went to my landlord to explain the situation and again offered them a number of dates when I am available. Again they refused me. I left the door open to them and said I will leave the dates free if they want to come back to me at a later date and organize something. They didn't reply.

I have had a few engineers turn up since with very short notice and because I haven't been around they stuck a card through the door. The last appointment was a Thursday. I notified them I wasn't going to be in and informed them I would still be free on the Monday. They said they had an obligation to turn up even though we had mad this new appointment. They didn't even bother turning up on the Thursday. Somebody came on a Friday and slapped a sticker on my door saying my landlord would be taking legal action against me. I have since complained to my landlord as I feel I have given them enough of a chance to agree to a mutually agreeable date. They just refuse to be flexible. They have responded by saying they acknowledge my complaint and if I don't let the engineer in on Monday then my meter will be capped. The boiler certificate doesn't run out until May 9th. I am fuming.

What rights do I have here? I tried on more than one occasion to offer them suitable dates but they kept refusing me. 

theartfullodger

Social landlords do not have to either service or get gas safe certificates done.  

AFAIK your landlord or any of their agents/subcontractors don't have to do anything (unless there is a fault that is their responsibility.)

Only private landlords are required to get gas safety certificates.  'sfunny that. Whichever government brought in the legislation assumed social landlords would "do the right thing".  Good luck with that.

Humbly suggest the calm, polite, friendly, flexible approach, and be known for unlimited tea/coffee/biscuits.  Sorry, perhaps someone cleverer than me will be along soon.

Best wishes to all 

Mr.Generous

I'm pretty sure ALL rented property has to have a gas safe if gas is used.

Your landlord's responsibilities

Your landlord must make sure that the gas supply and appliances they have provided are:

• in a safe condition

• fitted or repaired by a Gas Safe registered engineer

• checked every 12 months by a Gas Safe registered engineer

This includes pipework, cookers, boilers, fires and water heaters.

These rules apply to private, council and housing association landlords.

Yearly gas safety checks are a legal requirement under the Gas Safety (Installation and Use) Regulations 1998.

Jude57

theartfullodger said:

Social landlords do not have to either service or get gas safe certificates done.  

AFAIK your landlord or any of their agents/subcontractors don't have to do anything (unless there is a fault that is their responsibility.)

Only private landlords are required to get gas safety certificates.  'sfunny that. Whichever government brought in the legislation assumed social landlords would "do the right thing".  Good luck with that.

Humbly suggest the calm, polite, friendly, flexible approach, and be known for unlimited tea/coffee/biscuits.  Sorry, perhaps someone cleverer than me will be along soon.

Best wishes to all 

Why do you think social landlords don't have to comply with the law on gas safety? A cursory search online shows that you're mistaken in your belief:

https://labmonline.co.uk/features/keeping-tenants-gas-safe/#:~:text=Under the regulations, landlords are required to: Have,Gas Safety Certificate Carry out any required maintenance.

theartfullodger

My bad, got that wrong, apologies, thanks all for shining light on the matter.

Best wishes to all.

tacpot12

Can you get someone to come and sit in the flat on Monday? There are flat sitters and even pet sitters who might do this for a fee. Are their any friends or family who could come to wait in for them?

I think it's time to make a formal complaint, and copy the Board of Trustees and your MP. Your landlord is suppose to make reasonable adjustments for your disability, but you also need to work with your landlord. Insisting that the engineer can only come with you are at home, when you need someone with you anyway, is not acceptable. That person who would otherwise accompany you can let them in, even if you aren't at home. 

Your local newspaper might also be interested in a story about heavy-handed social landlords. 

propertyrental

Do Orbit Housing not have keys? If not, I suggest you give them one. That will solve the problem.

It appears Orbit Housing have made multiple attempts to get the gas inspection done, as required by law.

HSE has advice here for landlords who are unable to gain access for this purpose:

The contract you make with your tenant should allow you access for any maintenance or safety check work that needs to be done. You must not use force to enter the property. For more information see regulation 39 of the Gas Safety (Installation and Use) Regulations 1998.

A landlord has to show that they took all reasonable steps to comply with the law. HSE recommends the following actions and strongly advises that a record be kept of all correspondence with the tenants:

• leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details;
• write to the tenant explaining that a safety check is a legal requirement and that it is for the tenant's own safety. Give the tenant the opportunity to arrange their own appointment;
• HSE inspectors will look for repeated attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances.

https://www.hse.gov.uk/gas/landlords/dealing.htm

KxMx

The company employed by my LA landlord starts trying two months in advance of the certificate running out.
Given my last service was January 2nd I know with certainty that this year in 2024 they'll be round twice! 

AlexMac

tacpot12 said:
…I think it's time to make a formal complaint, and copy the Board of Trustees and your MP. Your landlord is suppose to make reasonable adjustments for your disability…

This!  But be systematic and exhaust their own Complaints procedure ( which pops up if you Google Orbit Housing Complaints…) before going up to their board, your local Councillors or MP?  

And you might remind them of their shining commitment to “equality, diversity and inclusion” in their own mission statement which includes ; 

“ We believe in providing an environment for our customers, colleagues and partners that gives everyone an equal chance to live, learn and work free from discrimination, harassment, victimisation and prejudice; an environment where everyone can thrive...”
(also googlable )

Good luck!

Morglin

theartfullodger said:

Social landlords do not have to either service or get gas safe certificates done.  

AFAIK your landlord or any of their agents/subcontractors don't have to do anything (unless there is a fault that is their responsibility.)

Only private landlords are required to get gas safety certificates.  'sfunny that. Whichever government brought in the legislation assumed social landlords would "do the right thing".  Good luck with that.

Humbly suggest the calm, polite, friendly, flexible approach, and be known for unlimited tea/coffee/biscuits.  Sorry, perhaps someone cleverer than me will be along soon.

Best wishes to all 

Yes, They do.  I am legally obliged to give them access, so that they can comply with the law.

anselld

The OP has said they will be in on Monday.

The Landlord is sending the engineer on Monday.

Problem solved.

Live for another peaceful year without getting blown up by a gas leak.

Not worth the stress and agro of complaints, Trustees, Councilors, MPs etc, etc.