Can anyone tell me how I report...

shellsuit

MissMoneypenny wrote: »

Next time you phone them, the first thing you should ask the person for is their name. Make a note of this and the date and time that you phoned them. Then you can put all these details in your confirmation letter.

It's only either one of the other of them when I ring, Mr X or Mrs X.

I just ring now and leave a message after hours, that way, I don't have to be spoken to like crap by them and I don't have to hear them talking to me like crap lol

I have started to make notes of dates and times though

MissMoneypenny

Shellsuit, this is who you have to contact about the LL not having a Gas Safety

"All landlords have to have a valid gas safety record for the gas equipment in the property they rent out. A copy of the record must be provided to the tenant. The record will list all appliances, including those owned by the tenant, although landlords are only responsible for the appliances that they own."

"What if a landlord doesn't comply? The Health and Safety Executive (HSE) is responsible for enforcing gas safety. You should get in touch with the HSE if your landlord:

• has not provided you with a valid gas safety record, or
• refuses to let you see records of safety checks, or
• doesn't do any work required.

Failure to follow gas safety requirements is a criminal offence and the HSE can issue a formal caution and may prosecute your landlord. If convicted, the landlord may be fined or even given a prison sentence.
You can call the HSE helpline on 0845 345 0055 or 0800 300 363 or contact your nearest office - details are available on the HSE website."
http://england.shelter.org.uk/advice/advice-4049.cfm

Nearly_Legal

MissMoneypenny wrote: »

Here is one for you:-
"We had a case like this some months ago. Greedy or ill-advised landlord (because they were represented) made a s.8 claim for possession, after being served with a works order by the council once the client/tenant got Environmental Health in. The client, luckily, came to us. The rent arrears were substantial, but the disrepair significant. An immediate disrepair counterclaim was served. Of course, the matter then took many months to get to final hearing, and the result was that the damages more than cleared the arrears, possession claim dismissed, and the client had a grand or two over coming in damages and an enforceable order for repairs. We got costs…"
http://nearlylegal.co.uk/blog/index.php?s=shorthold

I fear Miss Moneypenny misunderstood the situation here. There were rent arrears in this case, which the damages for disrepair more than set off.

There is one and only one situation in which deductions can be made from the rent by the tenant (and even then it is risky). When there are outstanding repairs, which the LL has not done in a reasonable time after being notified, and the tenant has then notified the landlord (preferably in writing) that unless the repairs are done, the tenant will carry out the repairs, or have them carried out, and deduct the costs from the rent. The landlord should be provided with quotes for the work, if it is done by others, or a clear itemisation of costs, and the proposed deductions from the rent. Then, once the works have been carried out, the tenant may make the deductions from the rent that they have already told the LL they will be making. Complicated, and open to challenge. I don't recommend this as a course of action.

MissMoneypenny

Nearly_Legal wrote: »

I fear Miss Moneypenny misunderstood the situation here. There were rent arrears in this case, which the damages for disrepair more than set off.

I quoted that in my post "and the result was that the damages more than cleared the arrears," and referenced it.

Nearly_Legal wrote: »

There is one and only one situation in which deductions can be made from the rent by the tenant (and even then it is risky). When there are outstanding repairs, which the LL has not done in a reasonable time after being notified, and the tenant has then notified the landlord (preferably in writing) that unless the repairs are done, the tenant will carry out the repairs, or have them carried out, and deduct the costs from the rent. The landlord should be provided with quotes for the work, if it is done by others, or a clear itemisation of costs, and the proposed deductions from the rent. Then, once the works have been carried out, the tenant may make the deductions from the rent that they have already told the LL they will be making. Complicated, and open to challenge. I don't recommend this as a course of action.

As I put in post 14 and referenced it.

shellsuit

MissMoneypenny wrote: »

Shellsuit, this is who you have to contact about the LL not having a Gas Safety

"All landlords have to have a valid gas safety record for the gas equipment in the property they rent out. A copy of the record must be provided to the tenant. The record will list all appliances, including those owned by the tenant, although landlords are only responsible for the appliances that they own."

"What if a landlord doesn't comply? The Health and Safety Executive (HSE) is responsible for enforcing gas safety. You should get in touch with the HSE if your landlord:

• has not provided you with a valid gas safety record, or
• refuses to let you see records of safety checks, or
• doesn't do any work required.

Failure to follow gas safety requirements is a criminal offence and the HSE can issue a formal caution and may prosecute your landlord. If convicted, the landlord may be fined or even given a prison sentence.
You can call the HSE helpline on 0845 345 0055 or 0800 300 363 or contact your nearest office - details are available on the HSE website."
http://england.shelter.org.uk/advice/advice-4049.cfm

Thank you, you've been a great help! xx

Nearly_Legal

MissMoneypenny wrote: »

I quoted that in my post "and the result was that the damages more than cleared the arrears," and referenced it.

Indeed, to my blog post, but it wasn't a valid case of withholding rent, which was what you mentioned it as.;)

MissMoneypenny wrote: »

As I put in post 14 and referenced it.

And I apologise for not having reached that post before responding to the first one. You were entirely right in that later post. But it is a tricky procedure to carry off successfully.

clutton_2

i think you need to write to the LA a "letter before action" - asking for your copy of the Corgi cert............ that may shift them .....

MissMoneypenny

Nearly_Legal wrote: »

Indeed, to my blog post, but it wasn't a valid case of withholding rent, which was what you mentioned it as.;)

I didn't say it was a "valid" reason. Neither did the quote from your blog, which I referenced in a link. GG didn't ask for a valid reason. He said that he did not know of "any reason when this was allowed".

It would appear from your blog that the judge did allow the rent arrears in this case because of the disreapair counterclaim and the s8 "possession claim dismissed" That was how I read it from your site, so correct me if I am wrong. Therefore this does appear to be case where the rent arrears was allowed by the judge (albeit in the counterclaim) to dismiss the possesion order.

"A possession claim on the basis of section 8 and/or 11 and 12 - all rent arrears of some form - presents the possibility of a disrepair counterclaim.2" <SNIP>

"An immediate disrepair counterclaim was served. Of course, the matter then took many months to get to final hearing, and the result was that the damages more than cleared the arrears, possession claim dismissed, and the client had a grand or two over coming in damages and an enforceable order for repairs."
http://nearlylegal.co.uk/blog/index.php?s=shorthold

Nearly_Legal wrote: »

And I apologise for not having reached that post before responding to the first one. You were entirely right in that later post. But it is a tricky procedure to carry off successfully.

Again, just being used as an example for GG for his "any reason". I don't think the OP even mentioned stopping the rent?

I do know of a solicitor friend who used this way, but that was over a decade ago. However, the LL decided to carry out the repairs and get the gas equipment checked when he got the letter stating that quotes would be got and repairs taken from the rent. So it never reached the courts. The laws since then seem to make it (hopefully) easier for the tenant if they have a bad LL, especially as the council are now able to take action.

Loretta

This seems to be getting too complicated.

Write a letter to the agent saying

the date of the last certificate was..

The new one was due on....

If there is a current one I have not yet received my tenant's copy which I am entitled to despite asking for it on several occasions.

If I do not receive a copy by... 7 days, 14 days whatever you think is best
I will have no alternative but to report this matter to...in one of the threads it tells you who

Email it, post it and send by recorded delivery, do all 3 so that it is reasonable to expect at least one to get there.

If you have not then received the certificate in the 7 or 14 days you report it.

Whether or not the check has been done it is an offence for them not to have sent you your copy

There is nothing to talk about or discuss, you either have the certificate which you are entitiled to or you don't.