Questions re gas regs and landlord details

[newlywed77]

I have a few concerns relating to my current tenancy and reading around on the HSE and Shelter sites would like to clarify a couple of points.

 

Gas issues:

 

When I moved into the property the current gas safety certificate identified the gas cooker as potentially unsafe and noted two of the rings were not working, recommending replacement. This was dated September as I moved in the following June. I therefore asked for a replacement cooker which was provided, but was the landlord in any breach by allowing the old cooker to remain in the property despite the comments on the certificate?

 

Is it correct that the landlord has to provide a copy of the gas safety certificate within 28 days of issue? If this is not done what are the potential consequences.

 

Landlords details

 

The Shelter website states that: All landlords have to give their tenants their name and a UK contact address. If the property is managed by a letting or property agent, they must also provide you with the landlord's full name and address.

On the contract the landlords name is featured but the only address is that for the letting agent, is this compliant or should we have a separate address? It is a managed property.

[padja]

If the property was empty then no he wouldn't have to replace the cooker, I suspect that it was disconnected by gas engineer if not then it wasn't a danger. It appears as soon as you pointed this out it appears the landlord replaced it so I cant really see a problem there. As for a Gas safety check on gas appliance by safety engineer normally you get a copy, the landlord gets a copy and the engineer keeps a copy of the certificate, this has to be carried out every 12 months.

[newlywed77]

Although the property was empty when we moved in, there had been tenants there at some point between the cert being issued and the property being vacated. The cooker had certainly not been disconnected, we were expected to use it and it was only on my pointing out the issues raised in the gas safety cert that a new cooker was provided. With relation to gas safety certificates, the problem is that even though inspections were carried out and certificates issued to the landlord/agent, no copies have been provided to us at all during our tenancy, certainly not within 28 days - are there any repercussions to this?

[Steve__M]

There is a difference between "unsafe" and "faulty". If the appliance was unsafe then the gas man should have disconnected it and put a sticker on it.

 

My understanding is that new appliances don't have to be checked for 12 months (under the assumption that it would have originally been installed by a certificated person).

 

An agent's address can be a valid landlord address.

[newlywed77]

The new cooker has been in place for 2 years and there is also a gas boiler - checks have been carried out but no copies of certificates provided.

[raydetinu]

you must be provided with a copy of the certificate by law ( housing act ); ask for it!

[Snorkerz]

1) Gas certificate - yes you should be provided with a copy - if the landlord fail to provide it on request then you should ask the HSE for help.

2) Gas cooker - it was not certified unfit for use, so leaving it in the property (connected or otherwise) was not a problem.

3) Your tenancy agreement must contain an address for service of documents on the landlord under section 47 of the 1987 Landlord and Tenant Act - the agents address is fine (or even the landlords Aunt Beryls address). If you want the landlords real address, you apply in writing to te agent, who must tell you within 21 days. Failure to do so is a CRIMINAL offence - section 1, 1985 Landlord and Tenant Act.

[mariner51]

Confused. OP states HE requested new cooker, which was provided, yet new cooker has been installed 2 years. When did OPs Tenancy start?

Also OP has seen current GSC, noting cooker defects. What is the date on this GSC?

Also tenant copy of GSC may have been supplied & taken/thrown out by prev Ts. A photocoy for new Ts in such a case may be acceptable but not an original, as they are colour coded.

At the next GSC inspection, the T should be provided with green copy by gas safe acc engineer, LL gets top whitecopy, engineer retains bottom yellow copy. Gas appliances owned by Ts are not required to be checked under LLs GSC. T would be resp for such additional item inspection charge.

[raydetinu]

you can get LL address from land registry on line; £4 fee.

[mariner51]

I though Land Registry only supplied Freeholder name & address? Not nec same as LL.

[raydetinu]

The person that owns the house/flat is usually the LL? who else would it be!

[Ed999]

Gas issues:

 

When I moved into the property the current gas safety certificate identified the gas cooker as potentially unsafe and noted two of the rings were not working, recommending replacement. This was dated September as I moved in the following June. I therefore asked for a replacement cooker which was provided, but was the landlord in any breach by allowing the old cooker to remain in the property despite the comments on the certificate?

 

 

Gas Safety

 

If the premises have a mains gas supply, do not allow entry to any workman - whether claiming to be a "builder", "plumber", or anything else - unless he produces a Gas Safe Register ID Card.

 

 

Here is information about the Gas Safety Certificate -

 

http://www.hse.gov.uk/gas/domestic/faqtenant.htm

 

 

The Gas Safety (Installation and Use) Regulations 1998, section 36 (landlord's duties), is set out at -

 

http://www.legislation.gov.uk/uksi/1998/2451/regulation/36/made

 

 

The issue of a Gas Safety Certificate confirms that the entire gas installation - boiler, fire (if fitted), gas hob / cooker, pipework, meter, earthing, safety emergency controls - are all working correctly as defined in the Gas Safety (Installation & Use) Regulations.

 

If a cerrtificate was issued, the regulations have been complied with, presumably even if you disapprove of the wording of the certificate. So there are presumably no legal consequences for the landlord, as he has complied with the Regs.

 

 

 

Is it correct that the landlord has to provide a copy of the gas safety certificate within 28 days of issue? If this is not done what are the potential consequences.

 

 

There are no consequences in this case. You WERE provided with a copy of the latest annual certificate: you have admitted this by quoting extracts from it. And it was less than a year old.

 

The new cooker is presumably not due for a safety inspection until the first anniversary of its installation.

[Ed999]

The person that owns the house/flat is usually the LL? who else would it be!

 

 

Mariner51 is correct.

 

It is not necessarily the freeholder.

 

If the premises are a flat, the landlord named as such in the shorthold tenancy agreement will not be the freeholder.

 

The freeholder owns the building of which the flat is a small part. It will be the leaseholder of the individual flat, commonly called the lessee, who grants the shorthold tenancy; and therefore it is the lessee who will be named in the shorthold agreement as the landlord.

[raydetinu]

Ok true but not that many houses done that way, and anyway it would be contact to find who the leasee is in that case.