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Hi,

My mate was renting rooms in his house to lodgers, they have all moved out now, but one ex lodger is asking to see a copy of the gas cert for the period he lived there. LL has realised he didn't have gas cert (he claims he didn't know he had to) . Is he in trouble?

 

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I read awhile back elsewhere that enforcement of these issues was not as should be hoped for - but there are still prosections from time to time

 

Get your mate to read through http://www.hse.gov.uk/gas/domestic/faqlandlord.htm for starters - AND get him to up his game too :( Aside from any other considerations he owes a general duty of care to his tenants. If he's missed the basics of gas safety, what else is he skimping on? Which begs the question, why is the ex-tenant asking after this?

 

Best your mate can do for now is to get it done and, perhaps, ask why it's needed now the tenant has already gone? At least he has then taken steps to address this issue, even if it is a case of after the horse having bolted - which is no defence, but is a start

 

So, why IS the ex-tenant after this now?

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Skimping isn't the issue, as soon as he realised he needed a cert he got one, he just let rooms to lodgers in his own residence. He does not need any guidance on his responsibilities now as he doesn't have lodgers any more, but the ex lodger is demanding to see a copy of the cert for the period he was there.

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"Skimping" :) Not too much offence was intended and it serve me right for typing at speed, as always

 

Still curious as to why an ex-lodger is demanding to see the certificate though. Sounds that there is either some back story here and/or the ex-lodger is a bit of a pain. Wonder if a message will be posted on CAG about this from the other side ;) no pun intended.

 

In the meantime have a look at http://www.hse.gov.uk/gas/domestic/faqtenant.htm#faq4 I'd need to check the original legislation, as the draft letter given in that link appears to be for current tenants to use. At this point in time I do not know the answer to the question, but post the following in the spirit of CAG anyway.

 

The lodger has gone now, so subject to any other issues/comments could be tempted to just ignore the ex-lodger - save if they are that persistant, they may not initially go away

 

Admitting there was no certificate though? Depends on circumstances, to a degree, plus I've heard enforcement has not been as it should have been in the past. Things may have changed since then though. So, whilst honesty is sometimes the best policy, it may (perhaps) require a little misdirection, without being too disingenous. If your mate feels for any reason that he needs to respond, it could be along the lines of, say:

"I was forced to rent rooms in my home for a limited period to make ends meet. I'd always had my gas boiler serviced, but hadn't initially appreciated the need for a certificate too. Once I became aware of this I was provided with a gas safety certificate by a suitably qualified contractor. I no longer rent any rooms, however, but should I have rooms available in the future and you wish to return at some later date please be assured that the gas safety testing will be in place, as it is now. Other than that I cannot help you much further, but good luck all the same"

 

Not condoning this, by the way, and I stand by the skimping comment, to a degree, but may be it's time for the ex-lodger to move on here?

 

or, more to the point, "You no longer live here and I no longer rent rooms. I have no wish to become embroiled in any exchanges on this matter, but am curious as to your intentions here - if you wish to pursue this, please explain yourself"

 

Personally, there isn't a lot to go on in your post, but hope this helps all the same. Skimping? I'll be sure to try and avoid saying that in future! It's late though and may need to think on this - and in the meantime someone with up to date knowledge of HSE enforcement might be along shortly too, so, bump

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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