PDA

View Full Version : L's neglect- no gas safety cert.- and he's now evicting us



boomshake
29-03-2009, 17:05 PM
we rent a flat in a block from our landlord.. he has built the block around 6 yrs ago..and has sold off all but three flats which he rents out.. he is still the free holder
one of the residents needed some boiler maintenance a few months ago and the corgi eng dee4med the boiler unsafe as there were non std fittings on the flue.
first he did not notify us of this problem when he found out and it also transpires every flat (16) have this issue)
we have demanded a gas safety cert so has tofix the problem..
he has never offered a gas cert b4 tho it is in the tennancy agreememnt.

it has become clear that whoever fitted the boilers did so incorrectly and unsafely.
he has not registered any of the boilers has no blue book service history for any.

he std response to the owner occupied flats is that the previous owners changed the boiler.. we know this is bs.

surely this is a prosecutable offence.. any idea of the legal implications

he has showed huge neglect as far as i am concerned

thanks

Ericthelobster
29-03-2009, 19:05 PM
one of the residents needed some boiler maintenance a few months ago and the corgi eng dee4med the boiler unsafe as there were non std fittings on the flue.
first he did not notify us of this problem when he found out and it also transpires every flat (16) have this issue)
we have demanded a gas safety cert so has tofix the problem..
he has never offered a gas cert b4 tho it is in the tennancy agreememnt.

[...]

surely this is a prosecutable offence.. any idea of the legal implicationsYes the guy is clearly a total cowboy. He's legally obliged to provide a gas certificate, never mind what your agreement says.

I would have thought that to know that there's a safety issue with your boiler and to withhold that information from you, let alone the failure to provide a gas cert, would be criminally negligent (though I have no legal expertise). If I were you I'd get on to the Environmental Health dept at your local council first thing tomorrow.

boomshake
01-04-2009, 11:14 AM
basically the landlord has not provided a gas certificate.it failed on saturday and he has not responded to how he will adress it.

i took the step of cancelling the rent which was due on monday as a precaution to get this serious item addressed as he is usually slow to fix things..

last night the sink fell out of the worktop into the cupboard below..smashing crockery as it went.
i asked him to look at a leak problem we had with that mid feb.. he said he would send someone round but never did

basically this is an expensive penthouse apartment but we are not getting the service we would expect for the amount we are paying,, all apears well but pretty shoddy workmanship and plumbing
so basically am i legally justified to stop the rent?

how else can i make sure we get these things attended to?


any contacts for legal advisers would be helpful;?

southwark . london

settloe_99
01-04-2009, 14:09 PM
In short, no, you are not justified in stopping your rent.

You say your gas saftey inspection failed on a Saturday and your rent was due on the Monday. How exactly do you expect your landlord to fix the problem in one day? You've not even given your landlord the chance to fix the problem andyou have already stopped your rent.

justaboutsane
01-04-2009, 18:11 PM
have a look at this thread here and follow what i said there!

http://www.landlordzone.co.uk/forums/showthread.php?t=18088

boomshake
05-04-2010, 18:58 PM
OK
we have a particularly useless boiler, which is no longer manufactured
it recently has been breaking down every couple of weeks , 4 or 5 times so far this last 2 months
the LL does respond and up till recently has ben sending out his gas engineer who could not fully resolve the issue.

it really needed an expert in this type of boilers..
eventually we got one who basically fixed it but said it was on its last legs??

and true to form it broke down again..
basically we end up without heating water for 4-5 days each time

and its unlikely the ll will fit a new boiler

what recourse do we have for compensation for the approx 7 days a month it is out of action..??

thanks

mind the gap
05-04-2010, 19:08 PM
OK
we have a particularly useless boiler, which is no longer manufactured
it recently has been breaking down every couple of weeks , 4 or 5 times so far this last 2 months
the LL does respond and up till recently has ben sending out his gas engineer who could not fully resolve the issue.

it really needed an expert in this type of boilers..
eventually we got one who basically fixed it but said it was on its last legs??

and true to form it broke down again..
basically we end up without heating water for 4-5 days each time

and its unlikely the ll will fit a new boiler

what recourse do we have for compensation for the approx 7 days a month it is out of action..??

thanks
You need to get tough with your LL. If you are without hot water/heating water one week in four, then he is in breach of his statutory repairing obligations under Section 11 of the Landlord and Tenant Act 1988. Write to him pointing this out and advising that unless he effects a permanent repair or takes the engineer's advice to fit a new boiler, then he will leave you with no option but to call in the Environmental Health Officer (at local council) who has the authority to require him to do what you are asking him. See:

http://www.landlordzone.co.uk/forums/showthread.php?p=153738&highlight=statutory+repairing+obligations#post1537 38

in particular b) and c).

matthew_henson
05-04-2010, 19:14 PM
Section 11 of the Landlord and Tenant Act 1988.
http://www.landlordzone.co.uk/forums/showthread.php?p=153738&highlight=statutory+repairing+obligations#post1537 38

in particular b) and c).

1985 me thinks... They certainly pumped out the housing/tenancy acts in the 80's

mind the gap
05-04-2010, 19:20 PM
1985 me thinks... They certainly pumped out the housing/tenancy acts in the 80's

:oThanks, Matthew. Duly corrected! (I even checked it before I wrote it, too - how embarrassing!).

Moderator1
11-04-2010, 17:41 PM
Three threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).