No proof of Gas Safety Certificate and boiler has been condemned

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    No proof of Gas Safety Certificate and boiler has been condemned

    When i signed the tenancy agreement 25/10/13 i was never shown a Gas Safety Certificate, Despite requesting to see it several times we have not seen it.
    Boiler broke on the 15/02/14 and was condemned last Tuesday 19/02/14 plumber said that it needed 4 new parts and would be cheaper to replace than repair. Landlord wanted quote for both repair and a new boiler. LA asked plumber if there was a GSC and he said no. If there is no GSC what is my legal rights? can i demand rent back etc for letting us an unfit property?

    #2
    Your landlord has committed a criminal offence and you should immediately contact your local Environmental Health Officer at the Council Offices, and/or the Health & Safety Executive.

    As your landlord is collecting rent that is technically proceeds of crime, if this were to go to court you would probably have all your rent returned, and perhaps a bit more. Either of the above are at liberty to prosecute, but don't count on it but you could try and persuade them.
    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


      #3
      'Proceeds of crime' is stretching it a bit I have no doubt Judge may award OP something,but unlikely to be equivalent to 4 months rent, as OP has suffered no financial loss or injury only a poss higher risk of undetected problem
      GSCa are a bit like car MOT's, a valid one is a statutory requirement for any car owner. It only certifies condition of vehicle on day of MOT test, not for the next 12 months.
      3 GSCa are provided, one for T, one for LL & one for inspector's records. The problem can be with Ts copy not being left in property when vacating.
      A reputable LA would normally require LLs copy of current GSC when asked to market the property, their problem if they don't show it to applicants
      Boiler fault 4 months later is unlikely to be related, bike chains break.
      Prosecution is normally undertaken by H&SE after investigation. Max fine for first offence is £200. Often no prosecution if LL provides valid GSC pass.

      If OP wants to check if/when last GSC was issued, they can check the GasSafe GSC register on-line

      Comment


        #4
        Yeah, it's difficult to see what the proceeds are in not having a GSC, apart from saving the cost of the GSC and necessary repairs...

        Comment


          #5
          No you can't demand rent back nor will the landlord appear in a court or be victimised in any way.

          Get over it or give notice and demand to see a GSC before signing any new contract.



          Freedom at the point of zero............

          Comment


            #6
            Originally posted by mariner View Post

            If OP wants to check if/when last GSC was issued, they can check the GasSafe GSC register on-line
            I don't think there is such a register. Do you have a link?

            There is a gas safe register of engineers/businesses here;

            http://www.gassaferegister.co.uk/

            Comment


              #7
              Originally posted by Paul_f View Post
              Your landlord has committed a criminal offence and you should immediately contact your local Environmental Health Officer at the Council Offices, and/or the Health & Safety Executive.

              As your landlord is collecting rent that is technically proceeds of crime, if this were to go to court you would probably have all your rent returned, and perhaps a bit more. Either of the above are at liberty to prosecute, but don't count on it but you could try and persuade them.

              Wow! You never cease to amaze me.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                I agree proceeds of crime is stretching it a bit far I was just wanting some advice on what steps to take to ensure that the landlord does have a gas safety certificate.

                Comment


                  #9
                  Ask him, if he doesn't and refuses to get one report him here:

                  https://extranet.hse.gov.uk/lfserver/external/lgsr1

                  On the subject of rent back, if you don't have a working boiler and he doesn't fix it in a timely manner, thereby leaving you without heating or hot water then you will probably be entitled to some form of rebate.

                  If he fixes it quickly though then not, being without a working boiler for a few days is part of life sometimes for landlords and tenants alike..... I'm not sure what the average waiting time might be to install a new boiler as needs to happen here, but perhaps if he hasn't had it done in a week to ten days start making noises - if he doesn't have the GSC then that is something extra with which you can apply pressure.
                  I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

                  Comment


                    #10
                    Thanks, Boiler is being fixed/replaced i have no idea which but its being done this week. Got meeting with LA tomorrow apparently going to give us/show us GSC so shall wait and see if they do if not will report.

                    Comment


                      #11
                      Originally posted by thesaint View Post
                      Wow! You never cease to amaze me.
                      If you follow the "Uncle Tony"case from Nottingham the judge ordered him to return all the rent he had collected from the two student tenants as he had failed to follow the law, and therefore he was deemed to have collected rent unlawfully. He was apparently convicted under the Proceeds of Crime Act in addition to many other charges.
                      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


                        #12
                        He let a property (licenSable HMO I presume) with license, illegally evicted the tenants, and the property was deemed in breach of many, many safety regulations.
                        I believe that just the offence of letting with HMO license means refunding the rent as part of the penalty, which I think is the basis for the rent being paid back (article says "he had more than £37k confiscated in rent during the time the property were not licensed).

                        That's a bit more than having no GSC...

                        Comment

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