Lying about annual gas safety check.

[MrShed]

Hmmm. In this case I agree it is unfair. Generally speaking, it is a needed piece of legislation - but this is neither the time nor the place for such a discussion

[Chromatix]

If I were you, I would call up a CORGI gas man and get the emergency repairs done. I think you've gone out of your way to do the right thing, so you're well within your rights to at least get your hot water back on and find out just how much the "cowboy" screwed things up.

When you've got a direct line to your landlady, go ahead and explain to her about the cowboy gasman, the agents' ignorance of your complaints and general unhelpfulness, etc. Explain very clearly that *she* is ultimately responsible, even though she is allowed to delegate the mechanics to an agent.

[shellsuit]

I'd text and rang my landlady last Friday (when i last posted here) and she called round on Saturday to look at the leak. I mentioned the gas check and she said that she had paid the guy for doing it, I didn't think to ask when, but I should have! I explained that it hadn't been done at all and did she think I would lie about it and still go on about it 7 months later?! She said she would get the guy to do it when he sorted the boiler out.

She said it would get done Monday (yesterday). She said that if it wasn't Monday she would text and let me know so I didn't wait in all day for nothing.

You guessed it.

Yesterday afternoon about 3pm, I text her and asked if it was definitely getting done, because there was no sign of anyone.

I got a reply to say 'it will be tomorrow, sorry for not texting you'. Grrrrr!

I replied and said fine, but it would have to be after 3 because I had things to do which I couldn't do today (Monday). She replied and said OK.

It's almost 6pm and no sign of the guy again!!

I don't know WTF they are playing at but I'm NOT happy at all!

Would it hurt for the guy to ring me and tell me he is not coming?! This is the same guy who lied about the gas check ~ I don't think he wants to come back here to do any work.

The boiler is still dripping and I'm just about losing my patience.

[MARTIN3030]

Did you contact the Council ? As JonCris said-they dont take these things lightly.Not only could it pose a potential safety risk to you,but also others in the immediate neigbourhood.

[JonCris]

You can apply to the magistrates court for a repair order & should there be any attempt to evict you you can claim damages for breach of contract as the landlord has failed in their statutory duty & is something you could use as a counter threat so that they don't apply for possession

Under Section 11 of the Landlords and Tenant Act 1985 the Landlord is required to keep in good repair the structure and exterior of the property and the installations for the supply of water, gas electricity etc.

Go here for further advice

http://www.adviceguide.org.uk/index/family_parent/housing/disrepair_in_rented_accom modation.htm#Taking_actio n_about_disrepair

[shellsuit]

Originally Posted by MARTIN3030

Did you contact the Council ? As JonCris said-they dont take these things lightly.Not only could it pose a potential safety risk to you,but also others in the immediate neigbourhood.

I contacted HSE via email and I'm waiting for someone to get back to me.

I did ring the council too and someone is meant to be getting back to me there too.

I'll wait until 7pm, then text my landlady (I won't bother ringing because she never answers) to let her know he hasn't been then see what her reply is.

I had a dream last night where the guy was trying to strangle me because I said I was going to report him to Corgi for lying on the check sheet!

[shellsuit]

Originally Posted by JonCris

You can apply to the magistrates court for a repair order & should there be any attempt to evict you you can claim damages for breach of contract as the landlord has failed in their statutory duty & is something you could use as a counter threat so that they don't apply for possession

Under Section 11 of the Landlords and Tenant Act 1985 the Landlord is required to keep in good repair the structure and exterior of the property and the installations for the supply of water, gas electricity etc.

Go here for further advice

http://www.adviceguide.org.uk/index/...bout_disrepair

Oh that's great Jon, thanks for that! will have a look at the link now

[JonCris]

Forgive me but you need to be a little more proactive with both HSE & in particular the council. You need to tell them, repeatedly if required, that as the gas boiler is defective there's a risk of explosion & flooding by boiling water

[shellsuit]

Originally Posted by JonCris

Forgive me but you need to be a little more proactive with both HSE & in particular the council. You need to tell them, repeatedly if required, that as the gas boiler is defective there's a risk of explosion & flooding by boiling water

Do you know what Jon, it didn't even dawn on me that that could happen! I was just ringing to report the gas check not being done, I didn't even think of anything bad happening with the boiler!

I'll get back onto them tomorrow in my lunch hour at work.

[callumsgran]

Originally Posted by MrShed

It can go to court, but it is irrelevant. An AST incorporates into it a section 21, which means you can be evicted WITHOUT reason. Doesnt matter what you say in court, the judge is obligated to grant possession to the landlord.

Originally Posted by shellsuit

That's absurd!!

Thanks for the advice though

I agree, this is absurd

We are in the position now where we asked the landlord to do some upgrading of the heating system (which he legally has to do soon anyway) he's refused and has now served us a section 21

There should be a law that says a landlord must give a reason for why he wants you out and it should be feasible

[shellsuit]

Originally Posted by callumsgran

I agree, this is absurd

We are in the position now where we asked the landlord to do some upgrading of the heating system (which he legally has to do soon anyway) he's refused and has now served us a section 21

There should be a law that says a landlord must give a reason for why he wants you out and it should be feasible

Well that's what you'd think isn't it?!

Sorry to hear about the situation you are in, it's just so wrong

[MrShed]

Originally Posted by callumsgran

I agree, this is absurd
There should be a law that says a landlord must give a reason for why he wants you out and it should be feasible

I actually disagree, but again - neither the time or the place.

[Mrs.Wifey]

MrShed,

What are your views then? Perhaps you could start a thread about it...I wouldn't mind discussing the crap laws involving renting properties myself. There is no security, not even a little bit, and people deserve to be able to live in a property that they are paying for without fear of being booted out if they make a complaint.

[MrShed]

I will create a thread about it tonight - not a bad idea.

The issue is that this forum is very heavily tenant based, and therefore all we hear about are the bad landlords who evict for no reason etc. There is nothing wrong with that, but it ignores the flip side of the coin where landlords cannot evict bad tenants. I personally feel it is ridiculous that it takes upwards of three months to legally evict a non-paying tenant. In this timescale the loss caused to the landlord financially can be catastrophic and can be upwards of 4 or 5 figures. I have certainly heard of cases where one bad tenant in this respect has resulted in the landlord defaulting on the property, and at least one case where it has directly resulted in the landlord having to declare bankruptcy.

[MrShed]

Also, there are market forces issues with imposing strict reasons for eviction on landlords. What you say has been done before(Assured Tenancies, Rent Act tenants) and was NOT successful as it resulted in total zero supply of rental properties - it simply was not worth it for the landlords.