expired gas certificate

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  • expired gas certificate

    We let out a property (as agents) and recently discovered that contrary to the landlord’s assurances the gas fire does actually does work and the tenants had been using it. This was a surprise and concern to us as we also discovered the Landlords Certificate had expired. We have now had our own engineer check and certificate it and it’s all fine. But the tenants are kicking up a fuss - what recourse do they have if any against us or the landlord? Ive just spoken to Corgi and the rep seemed to think we would be fine (although she didnt sound too certain).

    thanks for your comments

  • #2
    As agents, I think you have done the right thing, so I wouldn't worry too much.

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    • #3
      If there's a gas fire that doesn't work, is L nevertheless required to have it inspected and certified (or capped-off)?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        If you have a current and valid landlords gas safety record regardless of what has happened in the past, I tend to find CORGI and/or the HSE aren't bothered.

        They may if there are a significant number of appliances write to the landlord and advise them of their legal responsibilties.

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        • #5
          If the gas fire does not work and has in some way been disconnected from the gas supply so that at least a screwdriver is needed to turn on a valve to restore supplies, certification is not needed. If the gas fire was installed and working, then you, as agents should have required a copy of the current gas safety certificate from the landlord, or sight of the original before being a party to a tenant taking up residence in the property.
          As a current gas safety certificate is now in force, it is very unlikely that any regulatory action can be taken as the correct remedial action has been taken as soon as soon as the problem was discovered.

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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