Landlord hasn't protected deposit, no gas/elec certificate and is not replying to me

[Anonuser]

Hi guys,

 

- Moved in to a private rental flat end of January, 12 month AST with 2 month notice.

- Private landlord, aquantance of a friend. First time renting to someone, he seems very 'laid back'.

- We met last December to discuss terms. I was heading abroad for 6 weeks and he was moving to Spain whilst I was away.

- He's UK address is under he's friends address who holds spare keys. (I picked keys from him)

- Came back and had planned to move in on the 29th Jan as stated in contract.

- First week I made a couple of complaints about noise/neighbors and the fact he had left his old junk in the flat for me to clear (bathroom shelf still had beard trimmings, old pair of crocs lying about, dirty sheets, broken vaccum etc), his response (Just leave it in the park someone will pick it up)

- LL was seemingly annoyed by my complaints, emailed end of March that I still hadn't heard back from a deposit scheme and got no answer from LL.

- Sent LL email yesterday once again asking for deposit info, still no answer but got automated email from DPS welcoming me on my 'new' account.

- I've since read Gas/elect certificates should be provided which has made more concerned since he hasn't protetected my deposit and I haven't got any safety cetfificates.

 

What's my next step? He clearly thinks by registering me up for a DPS account suddenly is acceptable. I wanted to get advice on how to properly write a letter regarding not only the deposit but the

safety certificates.

 

I can't afford to move out but I'm also annoyed that I emailed back in March asking him about my deposit which he ignored!

 

Thank you.

 

 

Edited May 18, 2023 by Anonuser

[stu007]

Hi

 

Well your Landlord isn't doing themselves any favours here and as for getting and email from DPS saying welcome to your new account is not proof that your deposit has actually been protected as the Landlord is legally required to issue you with a copy of the Prescribe Terms of that Tenancy Deposit Scheme your Deposit is protected in.

 

Not protecting a Deposit opens the Landlord up

 

Also is your Landlord registered with the Local Council Private Renting Dept that they are a Landlord Renting a Property as this is also a requirement is most of the UK now and a way to check is simply by contacting the Local Council Private Renting Dept and asking.

 

If you are in England it is also now a legal requirement that a Tenant is issued with a copy of the How to Rent: the checklist for renting in England.

 

As for the Gas Safety Check you should have been provided with a copy of the latest safety check and these are required to be carried out annually by the Landlord as it is a legal requirement.

 

I would have a good read of the following links but also suggest that you could also point these links out to your Landlord.

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Private renting: Your rights and responsibilities - GOV.UK

WWW.GOV.UK

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Private renting as a tenant - repairs, rent increases and arrears, settling disputes, deposits and your rights and responsibilities.

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Tenancy deposit protection: Overview - GOV.UK

WWW.GOV.UK

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Tenant's guide to deposit protection schemes - your deposit, information landlords must provide, disputes and advice

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

How to rent - GOV.UK

WWW.GOV.UK

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This guide is for people who are looking for a house or flat to rent.

 

Landlord Gas Safety Responsibilities - Gas Safe Register

WWW.GASSAFEREGISTER.CO.UK

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If you rent a room or a property, understand the gas safety steps you need to take to comply with the law.

 

 

 

 

[Anonuser]

Thank you for your time and the links, very helpful. I've since received an email that the deposit is now infact protected. Which is a start.

 

Basically, aside from the contract the landlord seem to have broken every single rule/regulation.

 

 

[stu007]

Hi

 

Your more than welcome and the first thing I would be doing is checking with the Local Council Private Landlord Dept that your Landlord is actually registered with them as I mentioned in my previous post most Local Councils in the UK this in now a Legal Requirement.

 

Also keep a written record of every single thing they have not done and that does include your Deposit from the date your took up your Tenancy until you had to chase this up keep everything in writing for your own records

[Anonuser]

I shall, thank you.

 

What is the likely outcome here? I'm not looking to gain anything it's purely because he's negligence (and mine to an extent) could be rather dangerous and his ignorance.

 

To top it off, I sent a lengthy email outlining things he's missed and he just responded with "Let me know when you want me to sort out the certificate and I'll organise it'.

Too laid back..

 

 

[stu007]

Hi

 

The likely outcome is that the Landlord is opening themselves up to legal ramifications and could even backfire on then if and I do say if they even tried to go down the eviction process due to there negligence.

That Landlord even if they are new to this it is there Legal Responsibility to look into what they are Legally required to carry out as a Landlord it not for you the Tenant to chase the Landlord and point out what they have not done that is a Legal requirement as they have a Legal Duty of Care the buck stops with them.

As for the Gas Safety Certificate that response it them trying to pass the buck so it is in your court to let them know so I would simply respond

Dear Sir

Thank you for your Email Dated but as this Gas Safety Certificate is a Legal Requirement by Law I should not have to chase this up nor have it passed to me as to when you want to sort it as this should been getting dealt with as a matter of urgency as at present I have no Gas Safety Certificate for this Property this is for you to arrange.

(please feel free to amend above to suit your needs)

Here is an HSE Link: (not it is the HSE that can prosecute a Landlord for failing to carry out this Legal requirement of a Gas Safety

Gas safety - Tenants

WWW.HSE.GOV.UK

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HSE answers questions frequently asked by tenants relating to gas safety.

 

 

 

[Anonuser]

Thank you Stu. The engineer came yesterday thankfully all was well. He had arranged for yesterday and even said he's given his friend permission to enter the flat as I will "probably be at work". I quickly reminded him that without my permission, no one is entering. It's seriously everything with this guy.

And yes I agree, everytime I start to feel bad for the landlord I just remember that not securimng a deposit sucks but it's not going to kill you, not doing a gas safety on the other hand... And I know that's extreme but annoys me when I think about it.

At least it's done now.

 

 

[stu007]

Hi

 

Your welcome 

A least the Landlord saw the light and got the the Gas Safety Certificate complete (bit of advice for future which I should have mention any engineer that comes out to carry out the Gas Safety Certificate always ask to see there Gas Safety Registration Card which you are entitled to ask and they must show you without any arguments and if they do argue then that bring into question whether they are actually registered)

So simply always ask anyone carrying out a Gas Safety Check to see there Gas Safety Registration Card or any work on Gas within the Property.

Here is another link which you should also be aware of for Landlord to do with Smoke Detectors and Carbon Monoxide Detectors:

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants - GOV.UK

WWW.GOV.UK

 

[Anonuser]

Thanks again,

It's been a couple of weeks since the engineer came over but still not a peep about results, not heard from LL since he arranged the check. The engineer said on the day everything looked fine but that's not the point.

[stu007]

Hi

Well if the gas engineer has been out then where is your copy of the Gas Safety Certificate tut tut tut Landlord at it again get onto him and request a copy of that Gas Safety Cetificate as you are entitled to and should have been given a copy.

[Anonuser]

I shall. You'd think after I sent him the link which stated the potential consequences of no certificate he'd be more inclined to be a btter landlord right?