L's neglect- no gas safety cert.- and he's now evicting us

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    L's neglect- no gas safety cert.- and he's now evicting us

    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

    #2
    Originally posted by boomshake View Post
    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 implications
    Yes 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.

    Comment


      #3
      i stopped the rent to the landlord.. justified?

      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

      Comment


        #4
        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.

        Comment


          #5
          have a look at this thread here and follow what i said there!

          http://www.landlordzone.co.uk/forums...ad.php?t=18088
          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

          Comment


            #6
            boiler problems - what recourse towards LL available?

            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

            Comment


              #7
              Originally posted by boomshake View Post
              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...ons#post153738

              in particular b) and c).
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                Originally posted by mind the gap View Post
                Section 11 of the Landlord and Tenant Act 1988.
                http://www.landlordzone.co.uk/forums...ons#post153738

                in particular b) and c).
                1985 me thinks... They certainly pumped out the housing/tenancy acts in the 80's

                Comment


                  #9
                  Originally posted by matthew_henson View Post
                  1985 me thinks... They certainly pumped out the housing/tenancy acts in the 80's
                  Thanks, Matthew. Duly corrected! (I even checked it before I wrote it, too - how embarrassing!).
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment


                    #10
                    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).

                    Comment

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