Problem with Landlord re: Gas certificate etc

[westendwendy]

I stood as guarantor for my Grandaugher and her partner in October 2009,no problem there,both working,rent paid.

 

When they moved into the property there were some repairs that needed doing to the property and the Landlord agreed to do them when the previous tenant's deposit was released to him but to date they have still not been done.

 

I became involved a few weeks ago when I was told that since they had taken over the property they had been having constant problems with the hot water not working but more seriously they could not use the gas cooker as the light kept cutting out leaving gas escaping.Apparently this had been the case since they took over the tenancy.

 

I was also shocked to learn that the Landlord had turned up without warning and attempted to enter the property by using a front door key.

 

When the property was originally let, all of the arrangements were made by a Letting Agency but I have been informed that the Landlord took over the management of the property shortly after and,according to my Grandaughter they are extremely difficult to contact so I began writing letters!

 

I wrote to the Landlord referring him to various clauses in the Tenancy Agreement including the section stating that he cannot simply turn up on her doorstep but is required to give the statutory 24 hours notice and I asked him to produce a copy of the Gas Certificate check as I am rather dubious that the necessary checks had been made when the tenancy began.

 

He has replied saying that the Gas Certificate was handed to my Grandaughter by the original agents but I was present at the time and I know that this is not the case as I took all of the relevant paperwork for safe keeping.

 

My Grandaughter received a letter from the Landlord yesterday stating that he would be visiting the property tomorrow (26th) and I intend to be there to see just what is going on, so, after a long ramble,my question is this - If he cannot produce a copy of this Certificate what are my options?

 

As a guarantor I don't want to do or say anything that isn't right and proper but I do feel that there is something not right here.

 

Any advise with how to proceed would be much appreciated.

[MrShed]

If he cannot produce a copy of the certificate, then contact local tenancy enforcement and/or environmental health (it will differ between local authorities) immediately.

 

It is possible that this is a simple error on the part of the landlord - i.e. they thought it was handed over but it actually wasnt. But in any event, the LANDLORD will have a copy, so he should be able to produce this.

 

Although it seems strange that it may have passed a safety check with the gas cooker the way it is, obviously as it sounds like the fault is intermittent this is quite possibly the case.

 

I think you need to be polite but firm, and stress that these repairs are rectified post haste - especially areas that cause issues with basic living, such as hot water and cooking issues.

 

If he cannot produce a safety cert, ask him to have one provided to you within 48 hours. Otherwise, contact EH etc. That is clearly (as you obviously understand from your post) the most important issue.

[MrShed]

Obviously, also bear in mind that your position as guarantor has no bearing on the tenancy itself, and as such the only person who can enforce the landlord obligations is the tenant themself. Again, I feel like this is stating the obvious, but you yourself cannot demand or request anything - or at least, the landlord is quite entitled to turn around and say go away, you arent the tenant.

[westendwendy]

Thank you so much for your quick response,I'll let you know what happens when I've met him - should be interesting!

 

I realise that it is the tenant who will be the one making the request but I need to guide her in the right direction when the Landlord turns up.

[MrShed]

You are welcome, and best of luck.

 

All I would say (from a non-legal perspective) is dont go in there with a preassumed impression of the landlord. Although they dont sound like the best landlord, initially at least, polite informal conversation may result in the best outcome. Bad landlords are not neccessarily unreasonable people, quite often simply ignorant of their obligations and the impact certain shortcomings have on their tenants.

[westendwendy]

I must admit that I am quite annoyed about the situation but think the problems have been caused by ignorance of the law rather than anything else.

The Landlord and his wife used to live in the property; have moved to another part of the country for two years and do intend to return.They probably thought that it was an easy option to rent rather than sell not realising that along with merely collecting rent came quite a heavy responsibility but instead of allowing the Letting Agency deal with the day to day management( for which I assume there would be a fee) they thought they would save more by taking on the management themselves.

 

The only knowledge I have of rental property is that I have rented (quite happily) for many years and am therefore aware of the responsibilty a Landlord has.

 

Hopefully I will be able to help resolve this amicably and will go into our meeting with an open mind.

[MrShed]

I think annoyance of the situation is fair and right - and I think it would in some ways be absolutely acceptable to go in there all guns blazing, they would certainly deserve it.

 

But, the issue is, that all this will probably serve is to get their back up, and heels will be dug in. Ultimately, all you want are the issues resolved.

 

Unfortunately, there are a growing (or maybe shrinking since the recession!) number of landlords like this, who see it as an easy option without checking all of their obligations. Especially with this type of landlord, although annoyed is correct, they may well be very reasonable people who are in over their heads.

 

Clearly, having been made aware of the issues, and then if they fail to resolve, then they deserve the full force of enforcement to be unleashed upon them. Not providing a gas safety cert is such a basic error that it does concern me, and should be a taboo of a level of drink driving in my humble opinion. That said, as mentioned above,it may be a simple mistake

 

Right, soapbox descended from! Please do come back tomorrow and let us know how you get on.

[MrShed]

Out of interest, was the deposit (presuming there was one) protected in a tenancy deposit scheme?

[westendwendy]

Yes it is.

 

This is what annoyed me originally as the Landlord promised to do minor repairs when the deposit from the previous tenant was released but didn't so now they have that deposit and my Grandaughters deposit is still tied up in this scheme.

[westendwendy]

Yes, thanks for your concern, I'll see what happens tomorrow and let you know.

[westendwendy]

Well, I saw the Landlord yesterday and asked if I could see a copy of the current Gas Certificate but he had mislaid it although he did admit that it had run out in July and he said that he would arrange for an engineer to call the following day to complete a new check.He phoned while I was there and all seemed good,I could expect the engineer at 11.00am this morning.

Unfortunately I was at work but my Son in Law was present when he arrived and he was not impressed

 

Could someone confirm or otherwise that this is what a registered gas engineer should produce when making an annual safety check :

http://www.gassaferegister.co.uk/images/id%20card%20large%202010.jpg

 

The reason I ask follows a visit from this so called engineer to carry out such a check - I haven't yet seen the certificate that was left at the property but I have been told that the ID that he produced did not look like the one above,there was no picture and the blue Gas safe logo was not there.

 

The engineer only looked at the cooker and said that he believed it may be a faulty valve that was causing it to cut out and left it at that. He did no check on the gas boiler which I find rather strange.

 

The engineer came with the landlord and they chatted away about family so were obviously good friends,do they really think I'm that stupid?

[MrShed]

He did no check on the boiler?

 

OK landlord needs to get that redone - simple as.

[MrShed]

What information does the Landlords Gas Safety record contain?

 

 

 

As a minimum, the record of a gas safety check must contain:

• description and location of each appliance and/or flue checked
  
• name, registration number and signature of the engineer who carried out the check
  
• date on which the appliance and/or flue was checked
  
• the address of the property at which the appliance and/or flue is installed
  
• the name and address of the landlord (or his agent where appropriate)
  
• any defect identified and any action required or taken to fix it
  
• confirmation of the results of operational safety checks carried out on the appliances.
  

These checks include;

 

• checking the flue or chimney to make sure the products of combustion (fumes) are being safely removed to outside.
  
• checking there is an adequate supply of fresh air so the gas burns properly.
  
• checking the appliance is burning the gas properly.
  
• checking all safety devices are working properly and shutting the appliance off if a fault occurs.
  

Clearly, the appliance (gas cooker) was not shut off.

 

Moreover, you cannot check the appliance is burning the gas properly by a simple visual inspection (to my knowledge) - it is all to do with the cleanness of the burn etc.

 

The bloke sounds like a cowboy, and as you say a "mate" of the landlord.

 

Post up a copy of the cert (scrubbed of details) when you get it.

[wheelergeezer]

And call Gas safe on Monday morning. Do not delay on this at all. Cowboy LL's like this kille people with their ignorance and stupidity.

[westendwendy]

Don't worry, I won't let this drop until I'm satisfied that the gas supply is safe.I will be collecting the certificate later today and will post it here so that someone can check it out for me.