Sue my landlord and agent for CO2 poisoning

[jonseygirl65]

can anyone help I moved into a new apartment on the 25th June 2007 there was no landlord certificate for the gas appliances on the 29th of june a gas fitter came and gave a certificate for the boiler only. He did not check the hob or gas fire. Over the past few months my husband pets and I have been very ill. Two days ago the carbon monoxide alarm that we did not know we had set off for 40 mins. I called a plumber/gas engineer who was in shock and said we are lucky to be alive. My cat had to see the vet as he is also ill. We went to the hospital and we were both diagnosed with co2 poisoning . I am so angry the engineer condemmed our gas fire as the flue was illegally closed therefore we have been breathing in pure co2 !! The agent we went through recieved fees and a quarter rent in advance totalling £10k the landlord paid him 2yrs fees of £6k we feel so let down and shocked. We phoned the original gas fitter he said he wasnt qualified to assess fires etc !! Our new gas man has filled out a ridor for the HSE we wish to move and sue please help someone.

[freakyleaky]

Hi and welcome to the site! Can you start your own thread in the tennants forum Tenants.
You will get plent of help and advice in there!
Good luck!


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[gizmo111]

Originally Posted by freakyleaky

Hi and welcome to the site! Can you start your own thread in the tennants forum Tenants.
You will get plent of help and advice in there!
Good luck!


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No need to start a new thread, I have moved this one.

[rory32]

Hi joneseygirl65,

I have removed your other thread so that information isn't duplicated

[Joa]

This is a situation with potentially massive consequences for you and the landlord; I wouldn't dream of attending to anything that touches the realm of personal injuries via public, self-help website.
Please see this thread http://www.consumeractiongroup.co.uk...ml#post1196695
for the Community Legal Services link. Give them a call and get yourself assessed for Legal Aid. Then get a solicitor. If you do not qualify for legal funding, then go and see a personal injury lawyer. Yes, they will get a chunk of your compensation (if you get any, as in no win, no fee) but they will work hard for you because their payday depends on your win. Just make sure you will read the terms and conditions of their service with a magnifying glass.

[Maurice1977]

Sorry to hear your story, I had a friend where a similar situation occurred. All properties need to have annual certificates in respect to boiler servicing. You should seek legal advice for the damage caused.

By the way the chemical formula for Carbon Monoxide is CO,

The chemical formula for Carbon Dioxide is CO2

[MrShed]

I have to agree with Joa here. This is far too serious a matter to address on a landlord tenant forum, and far too important IMO to address on internet forums on the whole. You really must consult with a solicitor. Suffice to say that IMO there has been a criminal act committed, and there is certainly a civil damages claim in there.

[BobbaFett]

the claim should be made against the person who completed the landlord safety cert, not the LL or agent. THe CORGI engineer is wholly responcable.
i am corgi registered, and if this happened to me, I would get killed....

[Ed999]

This is, on the face of it, a civil claim in negligence, for damages for personal injuries, against a negligent gas engineer. As such, it can only be dealt with by a solicitor.

But there will be a need to prove negligence. Compensation is not automatic, it is awarded only if someone is proved to have been negligent.

However, the gas fitter who gave a certificate, for the boiler only, is probably not at fault: not if the carbon monoxide poisioning was caused by the gas fire, and not by the boiler. So the o/p probably can't prove negligence.

There might be a claim for damages against the landlord, for breach of statutory duty, if he failed to perform a duty imposed on him by the Landlord and Tenant Acts in relation to the gas fire.

It should be borne in mind, at all times, that the compensation likely to be awarded will be very low, if there has been no permanent injury. Having a headache, or the cat feeling sick, does not amount to a serious injury and will not give rise to a large claim in damages.


Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[BobbaFett]

Originally Posted by Ed999

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However, the gas fitter who gave a certificate, for the boiler only, is probably not at fault: not if the carbon monoxide poisioning was caused by the gas fire, and not by the boiler. So the o/p probably can't prove negligence.

INCORRECT. A landlord Safety Certificate has to cover ALL gas fired appliances in the property, Including, the boiler, Fire, Oven, Hob etc etc. An engineer has to be fully qualifed on all gas modules to inspect and issue a LSC. So he is responcable for the fire.

[freakyleaky]

As far as i can tell the engineer was employed soley to inspect the boiler and not to issue a LSC.
We need confimation from Jonesgirl but she seems to have dissapeared!

[BobbaFett]

if not issueing a LSC, then yeah, its the LL at fault. If it was a LSC, as I suspect it was, then the Engineer is a d00f. a LSC has to cover all appliance, and must be completed every year. A standard service, is a voluntary thing, for a homeowner. On a LSC, and service again HAS to be carried out, to prove the safety of the appliance. Damn this is a complicated set of regs, why on earth did I get Corgi Registered? More hassle than worth sometimes... lol.
But we do need some more info.......

[freakyleaky]

Yes I agree completely that if it was a LSC then all appliances should have been inspected and if the engineer has issued a LSC for the property having only inspected the boiler then he should be brought to book.

More information is needed for sure as the posters 1 and only post does not explain whether it was a seperate boiler inspection or a full LSC.

Being Corgi registered has it's advantages though. I bet you're never short of work!

[BobbaFett]

this is true, but some time off would be nice, but boilers dont stop breaking just because its christmas!