Possible forged gas certificate.

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    Possible forged gas certificate.

    Ive posted on her for advice from landlords and tennants alike.

    I moved into a property in 2003. No check in inventory.

    Asked if we could decorate, told this was no problem it was our home. (stupidly got no written permission)

    Landlord only Had gas certificates supplied twice in the years we lived there. One in 2008 one for a new boiler 2011. We didnt know this was a legal requirement until moving into our new house.

    This year we were issued with a notice to quit, after she had brought an estate agent around. As she can get more through student lets.

    We got ready to move cleaned the house top to bottom asked if she would our fridge/freezer (as we had bought a new bigger one) curtains, blinds, lampshades and garden gate we had fitted. She accepted.

    Asked her to meet us to handover keys, check out inventory. And after 8 1/2 years being tennants thought it would be nice to say goodbye. She told us to post the keys.

    A few days later we recieved an email between landlord and there daughter. NOT ADDRESSED TO US! Sayin as we had decorated she would want to keep around £300 to redecorate. To cut a long story short amounts have changed, reasons have changed and many letters have gone back and forth.

    The house was never all neautral to begin with like they are claiming, and had dark blue dated wallpaper. We had decorated the house mainly white just the chimmney breasts wallpapered. I have an email from them saying that they have not objected to us decorating. ( before all this kicked off)

    They are also claiming things like we left the garden in a mess, smeared pollyfiller on every wall. None of this is true. They have also stated we left the property unrentable however new tenants moved in the same weekend we moved out. I have two witness statements to confirm this and photos from the new tenants.

    I took photos of the empty property upon leaving. In her evidence shes included photos of the property but in the background you can see a bed, pictures on the wall and clothes. Clearly showing someone has moved in, not only proving she has lied but surely she canot use photos once someone else had signed a tenancy agreement. Her garden pictures show about two weeds in the garden ( it was weeded before we left) her picture could of been took weeks after we left, as i said before they are not pictures of an empty property so not took on day of us leaving.

    Her quotes are to repaint the whole house, not just the disputed decorted walls. For a complete garden makeover. And £110 in quote and admin fees. So as well as keeping our deposit she wants a further £500.

    Its going to court in the next few weeks any advice on the matter would be amazing. Thankyou.

    #2
    After an eight and a half years tenancy, any landlord would need to redecorate throughout, simply due to fair wear and tear (for which the tenant is not liable).

    Let me explain further. Let's say that there was a newly fitted carpet when you moved in that had a 'life expectancy' of 10 years before requiring replacement due to fair/normal wear and tear. Let's say you damaged it beyond repair. The LL's 'loss' is eighteen months' worth of use. So she could only claim a portion of the cost of replacement, i.e. 15%.

    With normal wear and tear in a rental property, decor doesn't generally last as long as 10 years, and I think 8.5 years is long past the point whereby the LL has suffered any 'loss'. So she has no valid claim.

    Moreover, the landlord is not entitled to 'betterment'. For example, she has no valid claim for a garden 'makeover' if you left the garden in broadly the same condition as you found it; she can't charge you to make it nicer than it was originally.

    From what you tell us, I think the LL would be lucky to be awarded any part of the claim, especially without evidence of condition at the start of the tenancy. (Because a LL needs before and after evidence in order to show that the T is liable for subsequent damage etc - e.g. if LL claims that X is broken, she needs to prove that X was in good condition back in 2003).

    Do you mean that the claim hearing is in the next few weeks? Is it the LL claiming against you? If so, have you counterclaimed for the deposit?

    Comment


      #3
      Originally posted by willygogs View Post
      This year we were issued with a notice to quit, after she had brought an estate agent around.
      If you had an AST in England/Wales, then the LL cannot serve a 'notice to quit' to end the tenancy.

      BTW, did you agree a renewal of the fixed term contract at any point after 6th April 2007, or was it a periodic tenancy after the 2003 contract expired?

      Comment


        #4
        We never signed another contract just the one when we moved in. Yes the court date is in a few weeks and im getting very nevous.

        I started the claim, she has made a counter claim. She has no before pictures. And very unclear after pictures that have clearly been took when someone else has moved in.

        Comment


          #5
          From the information supplied I wouold suggest you have nothing to worry about. Also you might want to mention whether your deposit was properly protected, and if you were given all the prescribed information. If not you might be entitled to quite a lot of compensation.

          The landlord has to prove everything and you as tenants do not need to do this.

          I would enjoy your day in court because I can see it going your way. The look on the landlord's face when the judge awards in your favour is worth a picture!
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            My deposit wasnt protected as we signed our contract in 2003 and we never renewed so it didnt need to go in a deposit scheme (unfortunately)

            Comment


              #7
              Our landlords main point is we decorated without written permission.
              We did decorate and did get permission, however only verbally (stupid i know!!!) our contact does state we needed permission to decorate.

              This is why im worried!

              We decorated not long after moving in.shes seen it on visits countless times over the 8 1/2 years and never mentioned it. I also have the email from her, it clearly says " we have not objected to you decorating even though the contract stipulates you must not" is this enough to convince a judge??

              Comment


                #8
                Read my post #2 again.

                It's somewhat beside the point whether you had permission to redecorate or not. Because, even if you didn't have permission, the LL hasn't suffered any loss because of it, because she'd have had to redecorate after a tenancy of 8.5 years anyway.

                Comment


                  #9
                  Thanku for your help!! Just panicking

                  Comment


                    #10
                    Possible forged gas certificate.

                    I reported my ex landlord to the HSE as they only had gas certificates done 3 times in the 9 years we lived there. We didnt know it was a legal requirement until we moved into a new property and were told by the agent.

                    Im also taking them to court over a deposit dispute. (seperate story!!) in there evidence they have put we have reported Them to cause trouble and we have signed every year. This is not true. Worried our signatures had been forged i got in touch with the HSE who told me they could only provide the info i needed if i applied for freedom of info. Which i did.

                    Today i got copies of the certificates. We did have a certificate for the 8/1/2011 however the HSE copy says the 8/6/2011. I believe she has changed the date other wise there would be a gap between the dates of last years and this years. My question is what can i do about this?? And would it be worth it? Im not after compensation!!

                    Comment


                      #11
                      Find the website for 'gassafe' you will be able to check the serial number of your certificate there somehow.
                      I offer no guarantee that anything I say is correct. wysiwyg

                      Comment


                        #12
                        I think the certificate is correct, i think shes changed the month from a 1 to a 6.

                        Comment


                          #13
                          Don't think it's correct, find out for sure.
                          I offer no guarantee that anything I say is correct. wysiwyg

                          Comment


                            #14
                            Originally posted by willygogs View Post
                            Today i got copies of the certificates. We did have a certificate for the 8/1/2011 however the HSE copy says the 8/6/2011. I believe she has changed the date other wise there would be a gap between the dates of last years and this years. My question is what can i do about this?? And would it be worth it? Im not after compensation!!
                            There is no entitlement to 'compensation', anyway, merely because the LL fails to provide a gas safety certificate as required.

                            I don't know what you regard as 'worth it', but if you report the LL the HSE might see fit to prosecute the LL in which case he could potentially be fined for failing to comply.

                            Comment


                              #15
                              Im not after compensation of any sort as its about the whole principal of the matter, calling us liars and tampering with the dates.
                              I mean worth it as im not sure if it would be very stressfull on our part as well.

                              Ive emailed the lady at the HSE who provided the information for me, telling her i believe the date has been tampered with. However when i spoke to her on the phone before i found out about the dates she did tell me as long as a landlord has a current certificate they are happy and wont look at past ones.

                              I wouldnt of chased this up with the HSE if she hadnt of put in her court evidence that we had lied and are causing trouble.

                              Comment

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