Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • grumpygit
    • By grumpygit 7th Jul 18, 9:43 PM
    • 16Posts
    • 23Thanks
    grumpygit
    Landlord applying for injunction.
    • #1
    • 7th Jul 18, 9:43 PM
    Landlord applying for injunction. 7th Jul 18 at 9:43 PM
    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.
Page 1
    • GDB2222
    • By GDB2222 7th Jul 18, 10:07 PM
    • 14,512 Posts
    • 78,470 Thanks
    GDB2222
    • #2
    • 7th Jul 18, 10:07 PM
    • #2
    • 7th Jul 18, 10:07 PM
    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?
    No reliance should be placed on the above! Absolutely none, do you hear?
    • G_M
    • By G_M 7th Jul 18, 10:15 PM
    • 44,743 Posts
    • 53,249 Thanks
    G_M
    • #3
    • 7th Jul 18, 10:15 PM
    • #3
    • 7th Jul 18, 10:15 PM
    They just want a GSC done. Maybe you should offer to get one done and pay for it yourself?
    Originally posted by GDB2222
    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
    • By Voyager2002 7th Jul 18, 10:16 PM
    • 12,199 Posts
    • 8,305 Thanks
    Voyager2002
    • #4
    • 7th Jul 18, 10:16 PM
    • #4
    • 7th Jul 18, 10:16 PM
    I haven't been able to contact any of the involved parties as they font work weekends.
    Thanks.
    Originally posted by grumpygit

    Well send them a letter (one each).
    • Lunchbox
    • By Lunchbox 7th Jul 18, 10:20 PM
    • 191 Posts
    • 160 Thanks
    Lunchbox
    • #5
    • 7th Jul 18, 10:20 PM
    • #5
    • 7th Jul 18, 10:20 PM
    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?
    Originally posted by GDB2222
    The OP says theyíve had one done?

    Iím sorry I canít help OP but am in a similar situation. We own our leasehold flat and the HA is the freeholder (so this isnít for gas checks, but a different safety inspection). We had two appointments where the contractor didnít 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 theyíre still threatening us with legal action but havenít taken it yet.
    • grumpygit
    • By grumpygit 7th Jul 18, 10:22 PM
    • 16 Posts
    • 23 Thanks
    grumpygit
    • #6
    • 7th Jul 18, 10:22 PM
    • #6
    • 7th Jul 18, 10:22 PM
    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
    • By GDB2222 7th Jul 18, 10:39 PM
    • 14,512 Posts
    • 78,470 Thanks
    GDB2222
    • #7
    • 7th Jul 18, 10:39 PM
    • #7
    • 7th Jul 18, 10:39 PM
    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!
    No reliance should be placed on the above! Absolutely none, do you hear?
    • dimbo61
    • By dimbo61 8th Jul 18, 12:38 AM
    • 9,941 Posts
    • 5,363 Thanks
    dimbo61
    • #8
    • 8th Jul 18, 12:38 AM
    • #8
    • 8th Jul 18, 12:38 AM
    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
    • By Armorica 8th Jul 18, 12:47 AM
    • 731 Posts
    • 548 Thanks
    Armorica
    • #9
    • 8th Jul 18, 12:47 AM
    • #9
    • 8th Jul 18, 12:47 AM
    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.
    Originally posted by dimbo61
    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
    • By grumpygit 8th Jul 18, 3:42 AM
    • 16 Posts
    • 23 Thanks
    grumpygit
    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.
    Originally posted by dimbo61
    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
    • By Red-Squirrel 8th Jul 18, 7:23 AM
    • 2,888 Posts
    • 7,729 Thanks
    Red-Squirrel
    Does your wife always do as she's told?
    • GDB2222
    • By GDB2222 8th Jul 18, 9:42 AM
    • 14,512 Posts
    • 78,470 Thanks
    GDB2222
    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.
    Originally posted by grumpygit

    If this happens again, it would be wise to contact the HA rather than sending the engineer away. It's a lot less aggro than standing on your rights.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • Rosemary7391
    • By Rosemary7391 8th Jul 18, 9:51 AM
    • 1,887 Posts
    • 3,301 Thanks
    Rosemary7391
    If this happens again, it would be wise to contact the HA rather than sending the engineer away. It's a lot less aggro than standing on your rights.
    Originally posted by GDB2222

    Would they wait though? I can't imagine them being happy to stand on the doorstep for the length of time it might take to get hold of someone at the HA. And I also wouldn't let an unexpected person mess with my boiler!
    Slinkies 2018 Challenge - 0/80lb lost
    • iammumtoone
    • By iammumtoone 8th Jul 18, 10:02 AM
    • 5,636 Posts
    • 11,443 Thanks
    iammumtoone
    Whilst it is correct you should never let random strangers into your house.
    Legitimate callers will carry cards for you to check they are who they say they are. Never ring the number on the card always look up the relevant organisations number yourself and call to check.


    It is unfortunate you are in this situation as the further missed appointments were not of your making but this could have all been avoided from the onset.


    Maybe rather than instructing your wife on what to do, you should educate her to take control herself and know how to manage situations like these.
    • iammumtoone
    • By iammumtoone 8th Jul 18, 10:06 AM
    • 5,636 Posts
    • 11,443 Thanks
    iammumtoone
    Would they wait though? I can't imagine them being happy to stand on the doorstep for the length of time it might take to get hold of someone at the HA. And I also wouldn't let an unexpected person mess with my boiler!
    Originally posted by Rosemary7391

    They have to wait, the resident has a right to check they are who they say they are, even if the resident was expecting a caller they still have the right to confirm this person is the right one.


    If they didn't wait the the OP would have move of a defense on why this appointment was missed as it wouldn't be their fault.
    • GDB2222
    • By GDB2222 8th Jul 18, 10:19 AM
    • 14,512 Posts
    • 78,470 Thanks
    GDB2222
    Would they wait though? I can't imagine them being happy to stand on the doorstep for the length of time it might take to get hold of someone at the HA. And I also wouldn't let an unexpected person mess with my boiler!
    Originally posted by Rosemary7391
    But then that's the engineer being unreasonable, not the householder.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • Red-Squirrel
    • By Red-Squirrel 8th Jul 18, 10:43 AM
    • 2,888 Posts
    • 7,729 Thanks
    Red-Squirrel
    Would they wait though? I can't imagine them being happy to stand on the doorstep for the length of time it might take to get hold of someone at the HA. And I also wouldn't let an unexpected person mess with my boiler!
    Originally posted by Rosemary7391
    If they're legit they'll wait. Its not unreasonable at all to take a few minutes to confirm who they are, after all an ID card is easily faked.
    • Rosemary7391
    • By Rosemary7391 8th Jul 18, 10:48 AM
    • 1,887 Posts
    • 3,301 Thanks
    Rosemary7391
    If they're legit they'll wait. Its not unreasonable at all to take a few minutes to confirm who they are, after all an ID card is easily faked.
    Originally posted by Red-Squirrel

    I was thinking if they're calling the HA to confirm they'd sent someone (rather than the company supposedly sending the gas engineer) then that could take a long time. Last time I called the council it took 40 minutes. Are HAs any quicker?
    Slinkies 2018 Challenge - 0/80lb lost
    • G_M
    • By G_M 8th Jul 18, 11:14 AM
    • 44,743 Posts
    • 53,249 Thanks
    G_M
    Thanks for the advice. I will contact them on Monday.
    Originally posted by grumpygit
    Please confirm what you mean.


    The advice you've received here from several people is to write to them. Write a letter & post it today!


    By all means phone, text, email or pop in as well tomorrow, but put it in writing now.
    • Smodlet
    • By Smodlet 8th Jul 18, 11:25 AM
    • 3,482 Posts
    • 6,701 Thanks
    Smodlet
    Please confirm what you mean.


    The advice you've received here from several people is to write to them. Write a letter & post it today!


    By all means phone, text, email or pop in as well tomorrow, but put it in writing now.
    Originally posted by G_M
    For good measure, given the monumental incompetence at best/engineer falsifying visits to be paid more times at worst, I would hand deliver it and demand a receipt if at all feasible. I rented from the council for years and this multiple missed visits scenario was rife then. The legal attack is new to me, though.

    I hope this is all resolved quickly and without fuss tomorrow, grumpygit. Will you let us know the outcome, please?
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,069Posts Today

4,983Users online

Martin's Twitter