deposit not protected and no annual gas check

redsquarelady · 29 June 2011 at 8:59PM

After looking around on here and on line i have realised just how bad our landlord is not following the rules. We moved in june 2009 with landlord saying just had boiler checked. After coming across threads on this site i realised that it should be checked yearly ( so no checks since we moved in 2 years ago)
Also i checked with the relevant websites and our deposit isn't protected.
To add to this our rent is all bills included which makes me think that he might not have permission to rent the property.

My question is how to approach all of this... my feeling is not to pay this months rent and leave at the end of this month as have no reason to think he would give our deposit back...

Yorkie1 · 29 June 2011 at 9:21PM

Are you on a rolling contract or in a fixed period?

If you don't give proper notice and just leave, you will be liable to be sued for outstanding rent. It really isn't a good strategy. Also bear in mind you'll probably need a reference.

I'd suggest that you write to your LL, say that you've just realised that you haven't ever received the deposit or gas safety paperwork, innocently ask him for official confirmation of where your deposit is protected, and also ask him for a copy of the current gas safety certificate - provide a time frame for response e.g. 7 days. That gives him time to rectify the position - which is the main thing to start with. Don't email or text; for official things like this it is always better to do it in writing. Also get proof of posting (free from the post office).

redsquarelady · 29 June 2011 at 9:43PM

rolling contract. It was for six months initally and no other contract has been signed

redsquarelady · 1 July 2011 at 10:56PM

I'm a bit confused as why i should innocently ask for documents that are required by law??

BitterAndTwisted · 1 July 2011 at 11:05PM

Presumably so that your landlord has the opportunity to do some research and find out that your questions are serious and need to be addressed.

A gas-safety inspection is not something I would be sitting around waiting for the landlord to arrange. It will probably cost about £75 or so. Arrange it yourself if you care about your own safety.

If you don't particularly want to remain in the property just give the appropriate notice and get the heck out of there. If you're worried about not getting your deposit back you could consider deducting it from your last month's rent but you need to be prepared for the consequences.

G_M · 1 July 2011 at 11:08PM

What are you trying to achieve?
Do you want to leave, or do you want to stay but with your rights being upheld?

If the former, give the appropriate notice to avoid being chased for rent owed: one months notice ending with a rent period (ie if your original 6 month fixed term ended on 23rd of the month, so your months notice must end on 23rd).

If you want to stay, then do as Yorkie suggests. No point being antagonistic initially (esp if you plan to stay). Just a polite letter (as yorkie says: do it in WRITING) asking for the things you are entitled to. If you get non-compliance or an agressive response, come back here for next step advice!

redsquarelady · 2 July 2011 at 12:05AM

Thanks for the advice.. i will get the gas cert sorted myself for my own piece of mind.
And its good to know in the future that if, i myself become a landlord that unless the tennents innocently ask i wont need to proptect the deposit or get an annual gas check. They are silly laws anyway:p

satchmeister · 2 July 2011 at 12:15AM

redsquarelady wrote: »

Thanks for the advice.. i will get the gas cert sorted myself for my own piece of mind.
And its good to know in the future that if, i myself become a landlord that unless the tennents innocently ask i wont need to proptect the deposit or get an annual gas check. They are silly laws anyway:p

and you don't need permission to rent or pay any tax on the rental income, just don't tell HMRC and they will never know, but make sure you claim all of the tax exemption on the relevant expenses ...

redsquarelady · 2 July 2011 at 12:31AM

Glad i've got my next profession sorted.. now all i need is my blt mortgage.. no just a normal one will do rofl:j

ziggyman99 · 4 July 2011 at 8:51AM

redsquarelady wrote: »

i myself become a landlord that unless the tennents innocently ask i wont need to proptect the deposit or get an annual gas check. They are silly laws anyway:p

I hope you are being tongue in cheek there.... A gas safety cert is a legal requirement and not having one can command a prison sentence.

redsquarelady · 4 July 2011 at 8:05PM

Of course. I looked on the h&s website and it said not having a certificate was minimum 6k fine to maximum prison sentance :shocked:

deposit not protected and no annual gas check

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