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Agent lying about gas safety check!

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  • shellsuit
    shellsuit Posts: 24,749 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    All I can offer is my own situation - I'm in a similar situation to you, where we're having real trouble with the LA, having to nag for gas safety checks, having to beg for repairs to be done, phone calls not answered, blatant lying. We have been told, by the agent, that it is not a good idea to 'bother them' too much, as they can advise our (totally disinterested) LL that it would not be prudent for them to renew our contract. In other words, shut up and sod off. So, in our case, we have had to make a decision between living in a not very nice house but being able to stay, or complaining about it and probably being chucked out. We have taken the latter option and I spent this afternoon on the phone with the NAEA Ombudsman, as things have got that bad.

    It's a well known fact that many tenants are too scared to ask for repairs because they can't afford to loose their 'homes'. Shelter have just written a report on this. Currently a LL does not need a 'reason' to evict you, and it's well known that many LLs will evict a tenant who asks for repairs/legal compliance on the part of the LL. I'm not saying that this will happen in your case but it is something you need to be aware of.

    I'm trying to get hold of the landlady to discuss with her what has happened to ask whose responsibility it is to get the gas check done.
    Tank fly boss walk jam nitty gritty...
  • Generali
    Generali Posts: 36,411 Forumite
    10,000 Posts Combo Breaker
    Pretty sure you'll find it's the LL's responsibility ultimately. Some things can't be reassigned.
  • real1314
    real1314 Posts: 4,432 Forumite
    shellsuit wrote: »
    I'm trying to get hold of the landlady to discuss with her what has happened to ask whose responsibility it is to get the gas check done.

    So, for the last 8 years they have, without fail, done the gas check. This time there's an issue and you're "screaming mad".
    Ok, it should have been done, but given that the Gas bloke did work on the boiler in Dec, and that gas hobs and fires have so few parts that they are unlikely to accrue a problem in 12 months, do you really need to act like the world will end if it's not sorted asap?

    Funny thing is that many owner occs never have their boilers checked. On the other hand many tenants think if the gas cert is late, the boiler must be pumping out CO 24/7.
  • shellsuit
    shellsuit Posts: 24,749 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    real1314 wrote: »
    So, for the last 8 years they have, without fail, done the gas check. This time there's an issue and you're "screaming mad".
    Ok, it should have been done, but given that the Gas bloke did work on the boiler in Dec, and that gas hobs and fires have so few parts that they are unlikely to accrue a problem in 12 months, do you really need to act like the world will end if it's not sorted asap?

    Funny thing is that many owner occs never have their boilers checked. On the other hand many tenants think if the gas cert is late, the boiler must be pumping out CO 24/7.

    For Gods sake, it's a legal requirement that a gas check is done every 12 months.

    I don't make those rules do I?!

    I'm 'screaming mad' because of the lies ~ that it had been done, when it hadn't, not because it was late :rolleyes:

    And Yes I do feel the need to kick up a stink, because I have my childrens safety, not to mention my own, to think about!

    If I didn't say anything, that would mean 2 years since they had been checked, which is ILLEGAL.
    Tank fly boss walk jam nitty gritty...
  • Gingernutmeg
    Gingernutmeg Posts: 3,454 Forumite
    Part of the Furniture Combo Breaker
    real1314 wrote: »
    So, for the last 8 years they have, without fail, done the gas check. This time there's an issue and you're "screaming mad".
    Ok, it should have been done, but given that the Gas bloke did work on the boiler in Dec, and that gas hobs and fires have so few parts that they are unlikely to accrue a problem in 12 months, do you really need to act like the world will end if it's not sorted asap?

    Funny thing is that many owner occs never have their boilers checked. On the other hand many tenants think if the gas cert is late, the boiler must be pumping out CO 24/7.

    We got a Gas Safety check in November (incidentally we had to nag for this, as the agency initially refused to do one) and last month we had a problem with the boiler which DID mean that the 'boiler was pumping out CO 24/7' - problems do happen, and it's a LLs responsibility to keep on top of the maintenance. I don't give the slightest damn if my LL chooses not to have their own gas appliances checked (although I imagine that there's no way my LL would have a boiler as old and dodgy as the one in this house in their own home ...), but I DO care about my own safety, and if a LL wants to rent a property they have no right to take chances with their tenant's lives, just because they can't be bothered to get a check done once a year. There's a reason why there are laws about gas safety inspections, and it's because too many LLs were lazy and failed to consider the safety of their tenants.
  • chappers
    chappers Posts: 2,988 Forumite
    real1314 wrote: »
    So, for the last 8 years they have, without fail, done the gas check. This time there's an issue and you're "screaming mad".
    Ok, it should have been done, but given that the Gas bloke did work on the boiler in Dec, and that gas hobs and fires have so few parts that they are unlikely to accrue a problem in 12 months, do you really need to act like the world will end if it's not sorted asap?

    Funny thing is that many owner occs never have their boilers checked. On the other hand many tenants think if the gas cert is late, the boiler must be pumping out CO 24/7.

    Glad your not my landlord it's this sort of attitude that kills people and more importantly than not having a GSC is the fact that the plumber falsified the GSC i.e marked the appliances as safe when they hadn't even been tested.This person should not be allowed to work with gas and I would report him to the HSE.

    Also you are an idiot if you think that it is not important to check all gas appliances, particularly fires, faulty gas fires cause more deaths each year than virtually all other household appliances put together.So much so that it was being seriously considered to outlaw gas fires in rented accomodation.

    The bottomline is that there are severe penalties for non compliance/falsifying Gas laws and for good reason too.

    To the original poster if you are seriously worried that your complaints may get your landlords back up I would just politely request that the LL arrange a new GSC inspection if they do then just leave it at that. If they refuse then report them to the HSE and I would be finding somewhere else to live anyway, you don't want to be living in a house belonging to someone who has no consideration for your life.
  • neverdespairgirl
    neverdespairgirl Posts: 16,501 Forumite
    real1314 wrote: »
    So, for the last 8 years they have, without fail, done the gas check. This time there's an issue and you're "screaming mad".
    .

    I'd be mad too. Not only has it not been checked, and it matters with gas, but people have lied about it.
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • edwace
    edwace Posts: 11 Forumite
    [FONT=&quot]Report them they are obliged by law to do the checks & not doing so is actually a criminal offence with large fines & a possible prison sentence. The overall responsibility remains with the landlord & I bet he or she would be glad if you let them know that
    there agents are quite literally a bunch of crooks who are leaving the land lord open to criminal proceedings.
    This question of giving you notice is not as cut and dried as others have made out. Yes you can be issued with a notice quit but after the initial 2 months they have to give a valid reason for asking you to leave. (There are surprisingly narrow restrictions on the reasons they can use). Only after the 2 months notice can they take you to court to get the possession order. If the court decides that you are being made to leave because of your complaint that would be harassment & the agent & landlord would find themselves in more serious trouble.
    The way you are being treated is no less illegal than if they had pinched your car or burgled your home indeed it could be considered more serious in that this negligence is potentially lethal. You have rights & do not have to give them up, believe me the landlord & agents have a lot more to worry about than you. Communicate with both the landlord & agents by letter keep copies & send them by signed for post. You can get backup from Shelter & local free law advice centres, but keep in mind they are committing a criminal offence & just like you & me that will scare the bejesus out of them when it’s pointed out. Good luck & stickup for your rights. Knowledge is power [/FONT]
  • edwace
    edwace Posts: 11 Forumite
    There are possible grounds for fraud against the agents if they have forged the certificate more CRIMINAL charges Personally I would ask them if they would like to comment on the situation for local press & radio it gives a great sense of satisfaction to see the backtracking & panic when they realise you know your law.
  • shellsuit
    shellsuit Posts: 24,749 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    edwace wrote: »
    There are possible grounds for fraud against the agents if they have forged the certificate more CRIMINAL charges Personally I would ask them if they would like to comment on the situation for local press & radio it gives a great sense of satisfaction to see the backtracking & panic when they realise you know your law.

    Hi & welcome to MSE! :)

    Thanks for the advice! I did update another thread, but not this one.

    I received a copy of the gas cert and it had on it that the fire and hob had been done on the 3rd Jan this year. I rang the agents and told them, so they rang the Corgi guy, who then rang me, and insisted that he had done it. When I mentioned that he had told the agents that he had done it in December, he told me he must have put the wrong date on it.

    I told him straight it hadn't been done, so he is meant to be coming some time this week to do it. I'll see what he says about it when (or should I say, IF!) he comes.
    Tank fly boss walk jam nitty gritty...
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