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DJHS
16-03-2010, 17:38 PM
Does anyone know :-

If a landlord has issued a contract and not provided a yearly gas certificate are they in breach of contract, can we sue them for negligence / anything e.t.c

Last one issued was 2 years ago.

A new mortgage company stepped in and issued us with a new contract 6 months ago and they have not supplied a certificate..

Thanxx in advance

westminster
16-03-2010, 18:23 PM
Does anyone know :-

If a landlord has issued a contract and not provided a yearly gas certificate are they in breach of contract, can we sue them for negligence / anything e.t.c

Last one issued was 2 years ago.



I doubt it's a breach of contract, but it is an offence for a LL not to provide an annual safety certificate.

Request the certificate, in writing, and if LL fails to comply, report him to the Health & Safety Executive.
http://www.hse.gov.uk/gas/domestic/faqtenant.htm

They may prosecute the LL. You don't have a case for a civil claim unless you have suffered a financial loss or injury as a result of the failure to comply with gas safety regulations.

DJHS
16-03-2010, 18:31 PM
Thanks very much.

Im hoping as they have failed to maintain thier side of the contract i.e not maintained the property and this is a very serious thing not to maintain.

matthew_henson
16-03-2010, 18:53 PM
Thanks very much.

Im hoping as they have failed to maintain thier side of the contract i.e not maintained the property and this is a very serious thing not to maintain.

As Westminster pointed out you have to have suffered something or lost some money to claim any compensation.

Worth pointing that we all pay for this kind of compensation culture and it people like the honest Landlords on this site who pay more in insurance costs because of the rare but abusive tenants who seek to make money using the legal system.

Your landlord must provide you a gas certificate but just because there isn't one doesn't mean you are about to die

westminster
16-03-2010, 18:54 PM
Thanks very much.

Im hoping as they have failed to maintain thier side of the contract i.e not maintained the property and this is a very serious thing not to maintain.

Hoping what?

Maintenance and repair falls under a different law (s.11 Landlord & Tenant Act 1985 - more info here (http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-11-landlords-repairing-obligations.html)). If there is serious disrepair it is possible you'd have a case for claiming damages, but you'd need good evidence of the disrepair, and you would have to show that you'd reported the disrepair to the LL.

Gas safety inspections are not 'maintenance', their function is to check that a gas appliance is safe, and if not the appliance will be disconnected and made safe. It is perfectly possible that your gas boiler/appliances are safe and functioning perfectly, in spite of the lack of a recent inspection.

DJHS
16-03-2010, 19:29 PM
Not really wanting to make a claim.

We just want to give 1 months notice instead of 2. Reasons being. We are victims in this, who have been nothing but good tennants and now the property has a possession order on it.

My GF is pregnant and want to move before a imminent birth, because there has been no communication, we already had one court order turn up at the door when she was in early stages, the mortgage company issued us with a contract having heard news of this court order for our so called security, now the order has been granted again but we just don't know where we stand. they took control off the landlord after the 1st court order turned up 6 moths ago.

After all this and my GF trying to communicate with them to be fobbed off, we want to leave 1 month early but they are holding us to the 2.

We feel something has gone wrong somewhere and somebody is in the wrong, 1 thing we think is they issued us with a contract when they knew the property finances were in a mess. It is another loan company who have taken out the possesion order.

DJHS
16-03-2010, 19:35 PM
Hoping that they have invalidated the contract they have provided because they have not upheld thier part i.e the gas certificate.

westminster
16-03-2010, 19:52 PM
Not really wanting to make a claim.

We just want to give 1 months notice instead of 2.

Why do you think you have to give two months' notice?

Do you have an assured shorthold tenancy, in England/Wales? If so, what are the start/end dates of the last fixed term agreement you signed? (e.g. started 20th March 2008, ended 19th March 2009).

westminster
16-03-2010, 19:52 PM
Hoping that they have invalidated the contract they have provided because they have not upheld thier part i.e the gas certificate.
No, failing to provide a gas safety certificate does not 'invalidate' the tenancy agreement.

DJHS
16-03-2010, 20:01 PM
Hi.

Thanks for all your help.

The contract has a break clause. So either party has to give 2 months notice but only after 6months of the tenancy.

Why doesn't it invalidate the contract? If it doesn't fair enough but I am getting mixed responses from various sources.

Surely if ask them for a certificate and they don't provide one, they property may not be safe to live in, meaning, they can not rent a property that is not deemed safe.

westminster
16-03-2010, 20:20 PM
The contract has a break clause. So either party has to give 2 months notice but only after 6months of the tenancy.
Okay then. Yes, you do have to give two months if that's what the contract says (there are other scenarios where you wouldn't have had to).


Why doesn't it invalidate the contract? ...
Surely if ask them for a certificate and they don't provide one, they property may not be safe to live in, meaning, they can not rent a property that is not deemed safe.
As I said already, it's not necessarily unsafe, even without a gas safety certificate - you'd have to prove the property was unsafe to live in, not just possibly unsafe.

matthew_henson
16-03-2010, 20:24 PM
A gas safety certifcate is a requirement of law but not a condition of the tenancy.

It sounds very confusing, it would be the mortgage company requesting the possession order in court and then the court giving you a court order.

It would be more sensible if it was the LL who is making you sign a new contract to try and avoid the repossession however the Mortgage company has a catch all agreement in law that lets them terminate any contract over six months which sounds like it is happening.

Have you been to the Citizens Advice Bureau, did you get the "to the occupier" letter or a letter directly inviting you to court to make you case for an extension. Having a baby is seen as a good reason.

Find out who your contract is with (it has to say in the contract) if it is the landlord there is a chance he was not authorised to agree the tenancy which may be a justification for leaving early.

A gas safety certifcate is based on visual inspections and a leak test, you should be able to smell leaking gas and make sure you use some of those cheap carbon monoxide detectors, that is the biggest risk, not a leak.

DJHS
16-03-2010, 20:43 PM
Ok. I started this in another thread somewhere.

LL was not paying mortgage.
Recievers stepped in.
LL instructed us to pay rent to receivers
Contract is still with LL
LL had 2nd loan or mortgage with another firm on the property
2nd Mortgage/Loan not being paid

2nd Mortgage/Loan company apply for possesion order & it is granted. Letter came to our property addressed to LL, but we opened it coz we knew there was trouble, you can never get hold of her, she doesn't inform us of anything

Receivers infrormed of impendng possesion order.
Receivers then issue us with 1yr contract, break clause after 6 . This was issued 6 months ago, receivers were aware of possession order.

LL tries to fight possession order it fails just last week
We decide we want out as birth in 2 months, held to 2 months notice.

Somebody somewhere, should not have given us a contract we feel and we are in the middle of this and it is not our fault, even after being decent tennants, paying rent they will not show some leniency towards us and our situation.

Sooo. Yes. I want to get them somehow...

westminster
16-03-2010, 23:16 PM
Somebody somewhere, should not have given us a contract we feel and we are in the middle of this and it is not our fault, even after being decent tennants, paying rent they will not show some leniency towards us and our situation.

Assuming that nobody forced you at gunpoint to sign the 1 year contract, I don't see why you appear to think it's someone else's 'fault' that you signed it, and that you should not have to abide by its terms.

DJHS
17-03-2010, 07:26 AM
Not saying that either.

I am saying. Is it legal to offer a contract to people on a property that they know has a possesion order on it & what are my rights e.t.c

Actually I can't remember if it was a possesion order or a court order, ordering us to evict in 3weeks.

Only reason we are pi$$ed off is becuase they couldn't show us a bit of compassion considering the situation and how good we've been. so now we are forced to bargain/threaten on the basis that they do not have a GSC. Last check was 2 or more years ago. actually dated whether that is wrong in 2007.

westminster
17-03-2010, 13:14 PM
Is it legal to offer a contract to people on a property that they know has a possesion order on it & what are my rights e.t.c

As discussed in your other thread
http://www.landlordzone.co.uk/forums/showthread.php?t=26729

I don't know the answer to that.