Landlord applying for injunction.

grumpygit_2 · 7 July 2018 at 9:43PM

Hi.
I rent from a housing association and have never had any other problems and always been in advance with the rent.
I was due for an annual gas inspection but the engineer turned up for the first visit without any notice. Normally we would get a letter giving us an appointment.
My wife was at home alone and because we weren't expecting anyone, she refused him entry,as I have told her to do.
We then contacted the contractors office to arrange another visit.
When the engineer came for the second visit my wife was hanging out the washing so missed what must have been a very quiet knock on the door as my daughter, who was upstairs didn't hear either.
Once again, as soon as my wife found the missed appointment card she called them to rearrange.
The third attempt was arranged for the engineer to visit between 8am and 1pm
a few days later.
At 12.30 we got a call from his office to say he was running very late.
As they could not give me a time and we had other commitments, I told them that we would have to reschedule. The engineer then visited anyway after we had gone out and left another missed appointment card.
Again we contacted them to arrange another appointment.
On the 4th attempt the inspection was completed.
Just after the engineer left we received a solicitors letter stating that they had been instructed to start proceeding against us for not allowing access and that we needed to contact the housing association.
My wife contacted them to explain what had happened and that the gas check had now been completed. They said that they would update their records.

This morning we have received court paperwork for the application for an injunction and claim for costs.
Attached to the paperwork are 3 letters from the contractor and one from the solicitor that we are supposed to have received.
We only ever had one letter relating to the 2nd visit and the solicitors letter.
Any advice on how to sort this out.
I haven't been able to contact any of the involved parties as they font work weekends.
Thanks.

GDB2222 · 7 July 2018 at 10:07PM

application for an injunction and claim for costs.

What for exactly? Are the costs detailed?

I suggest you sort this out amicably or bear the cost of instructing solicitors to represent you. Could be thousands. They just want a GSC done. Maybe you should offer to get one done and pay for it yourself?

G_M · 7 July 2018 at 10:15PM

GDB2222 wrote: »

They just want a GSC done. Maybe you should offer to get one done and pay for it yourself?

OP said:

On the 4th attempt the inspection was completed.

First off, good to hear

she refused him entry,as I have told her to do.

Gotta show them who's boss!

First off, contact the landlord, in writing, explaining what happened, denying receipt of the letters (if true), and confirming that the gas report has been completed now. Request them to withdraw their application.

Phone to confirm receipt of the letter, ask them if they understand it or need further information, ask them to confirm if they are going to withdraw, and if so, ask them to confirm in writing to you.

Secondly, enter a defense to the court action.

Voyager2002 · 7 July 2018 at 10:16PM

grumpygit wrote: »

I haven't been able to contact any of the involved parties as they font work weekends.
Thanks.

Well send them a letter (one each).

Lunchbox · 7 July 2018 at 10:20PM

GDB2222 wrote: »

application for an injunction and claim for costs.

What for exactly? Are the costs detailed?

I suggest you sort this out amicably or bear the cost of instructing solicitors to represent you. Could be thousands. They just want a GSC done. Maybe you should offer to get one done and pay for it yourself?

The OP says they’ve had one done?

I’m sorry I can’t help OP but am in a similar situation. We own our leasehold flat and the HA is the freeholder (so this isn’t for gas checks, but a different safety inspection). We had two appointments where the contractor didn’t turn up, one where they did but the HA claim to have lost the records so it needed doing again, then a further appointment where the contractor failed to turn up again. Four days of annual leave wasted, and they’re still threatening us with legal action but haven’t taken it yet.

grumpygit_2 · 7 July 2018 at 10:22PM

Thanks for the advice. I will contact them on Monday.
It appears that the application was made the day before the inspection but after we made the appointment.
Hopefully they will see sense and withdraw their application.

GDB2222 · 7 July 2018 at 10:39PM

I recently had a case of the freeholders swearing blind their contractor had been. Twice. They produced a photo of the front door, even. Only, it was the wrong block of flats. Right number flat, though, so got to give them credit for that!

dimbo61 · 8 July 2018 at 12:38AM

I had a look on Google and the most recent data from 2012/2013 said that 16 died in the UK from Gas explosion or Carbon monoxide poisoning !
In the same year about 27 people a WEEK were killed or injured by electrical fires or faulty electrical appliances.
Yet a HA or council or private landlord has to do a Gas Safety check every single year for a rented property.
This is not a legal requirement for owner occupiers and I know many many home owners who don't bother for years.
So GSC are the only legally required inspection on a Rental property that Landlords have to do or face HUGE fines or possibly prison.
So when the highly trained and very busy Gas Safe engineer turned up at your home your wife refused him entry to do his or her job.
Because you told her too !
HA,s and Council Landlords now face some very serious fines and possible prison sentences for staff who fail to carry out the safety checks required by law.
You only have to look at Greenfeld tower to understand that Health and Safety failed in such a catastrophic way.
The engineer made several attempts to carry out the annual GSC and the HA now have to prove that they tried to carry out there legal responsibility.

Armorica · 8 July 2018 at 12:47AM

dimbo61 wrote: »

I had a look on Google and the most recent data from 2012/2013 said that 16 died in the UK from Gas explosion or Carbon monoxide poisoning !
In the same year about 27 people a WEEK were killed or injured by electrical fires or faulty electrical appliances.
Yet a HA or council or private landlord has to do a Gas Safety check every single year for a rented property.
This is not a legal requirement for owner occupiers and I know many many home owners who don't bother for years.
So GSC are the only legally required inspection on a Rental property that Landlords have to do or face HUGE fines or possibly prison.
So when the highly trained and very busy Gas Safe engineer turned up at your home your wife refused him entry to do his or her job.
Because you told her too !
HA,s and Council Landlords now face some very serious fines and possible prison sentences for staff who fail to carry out the safety checks required by law.
You only have to look at Greenfeld tower to understand that Health and Safety failed in such a catastrophic way.
The engineer made several attempts to carry out the annual GSC and the HA now have to prove that they tried to carry out there legal responsibility.

And unless it's an emergency, it is reasonable to give notice. Given the poor lack of comms, they can't complain if people are out when they don't know they need to be in..or if the engineer is significantly later than scheduled.

It sounds what was needed was better comms from those arranging to avoid wasted time...not criticising the tenants.

grumpygit_2 · 8 July 2018 at 3:42AM

dimbo61 wrote: »

I had a look on Google and the most recent data from 2012/2013 said that 16 died in the UK from Gas explosion or Carbon monoxide poisoning !
In the same year about 27 people a WEEK were killed or injured by electrical fires or faulty electrical appliances.
Yet a HA or council or private landlord has to do a Gas Safety check every single year for a rented property.
This is not a legal requirement for owner occupiers and I know many many home owners who don't bother for years.
So GSC are the only legally required inspection on a Rental property that Landlords have to do or face HUGE fines or possibly prison.
So when the highly trained and very busy Gas Safe engineer turned up at your home your wife refused him entry to do his or her job.
Because you told her too !
HA,s and Council Landlords now face some very serious fines and possible prison sentences for staff who fail to carry out the safety checks required by law.
You only have to look at Greenfeld tower to understand that Health and Safety failed in such a catastrophic way.
The engineer made several attempts to carry out the annual GSC and the HA now have to prove that they tried to carry out there legal responsibility.

I have not tried to stop them from accessing the property. Every time there has been a missed appointment. I have contacted them to reschedule.
It is not my fault if they cannot turn up on time or knock more than once before putting a card through the door and running to their next job.
When the first one turned up the engineer said that the paperwork quite often gets forgotten and he would call the office to reschedule
The second attempt when we phone the lady in the office said she had quite a few people calling to say that the engineer had put a missed appointment card through but they hadn't heard him knock.
In the past they have always notified us when they are coming to do inspections. This time they did not. So my wife quite rightly was unsure if it was who he was saying he was. Maybe you should Google how many people get robbed or worse by people pretending to be contractors then you would understand why I tell her not to give access to anyone she is unsure of.

Red-Squirrel_2 · 8 July 2018 at 7:23AM

Does your wife always do as she's told?

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Landlord applying for injunction.

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