LL refusing Gas Safe to test the Boiler

[confused81]

Hello,

So we are currently renting a property, been in it for 5 months and have had all manner of issues, most of which are significant.

There is currently major repair work taken place re-fitting our bathroom due to a water leak allowed to continue by the LL for over 4 months and a raft of other issues that came to light due to poor workmanship by the original contractor.

Not long ago had a major Gas Leak from the pipe feeding the hob which the Emergency engineer advised could have easily resulted in loss of life.

As such we raised concerns to the LL regarding who undertook the installation of the cookers hob, boiler etc. They refused to answer simply referring the the GS cert, which we believe to be worth about as much as the paper it is printed on.

Given my concerns Gas Safe were in agreement that this required inspecting and testing. They contacted the LL's representative who replied, denying permission to test the boiler.

As such Gas Safe can attend but only undertake a visual inspection.

I fail to see on what grounds the LL / rep would deny permission for the regulatory body with Gas in the UK to send one of their Engineers and test for free.

I can only assume this is to be deliberately difficult and make the tenancy more intolerablethan it already is and or they are concerned what may be discovered being I don't believe it was installed by someone who is registered Gas Safe.

We have been repeatedly informed we do not have permission to hire anyone independently to re-test the boiler.

All we are looking for is to feel safe in the property, something that we have not for months now and will continue at this rest for the remainder of the tenancy. It was my understanding that LL's have a duty of care, it certainly doesn't feel like that is the case in this instance.

Any advice would be greatly appreciated.

[islandgirl]

Is the Landlord trying to evict you? Is rent paid up to date? Just trying to get some background as to why any LL would behave in this way

[confused81]

Rent is paid in full, we paid 6 months in advance upon signing the tenancy due to me contracting and not having a fixed guaranteed income, we are due to pay the further 6 months next month.

I do not believe eviction would be possible as due to the number of issues at the property and the lengthy time period they were ignored and any repairs were made, I was left with no choice but to get the councils Private tenants department involved, and they have since issued a number of instructions with regards repairs and the timescale to which they need to be rectified.

My apologies for not putting that in my initial post, I have been guilty in the past of overloading posts with far too much information.

[islandgirl]

If there is a break in the contract at 6 months a S21 no fault notice could be served on you though as you can see here there are reasons why it may be invalid (disrepair complaints for example) https://england.shelter.org.uk/profe...notice_invalid
Of course you can have the boiler tested. It is noones business but yours if you pay the bill. If you want it tested and believe the LL should pay for it then you could follow the risky "deduction from rent" route http://www.cac-e.org.uk/withholding-...-of-disrepair/
Gas Safe are only an umbrella organization - a register of suitably qualified people - just choose a different Gas Safe registered engineer.

[confused81]

Thanks Island Girl, that is what I was originally going to look to do, however when Gas Safe contacted me back and agreed that there were dubious circumstances surrounding the installation, I figured given they are the registered body and offered to do it for free the LL / Rep would have no course to deny it.

I will certainly get someone in though they have referenced in email after email that we have no permission to get someone in and any such action will be in breach of the TA. I will try finding this in one of their many emails and post what wording was used.

This is what the LL's rep said in one of his recent emails:

Quote

Once again, as stated previously:-
Due to our disagreement regarding the previous workman you employed we do not authorise you to employ any tradesman to carry out any action at my property. In addition I will not bear the any cost from any unauthorised action you take, you have no right to withhold your rental payment.

Unquote

To clarify, the previous workman was someone who attended to do the gutters and advised they were beyond repair and needed replacing along with the facias. This was approved by and paid by the LL yet somehow they are our contractor in their minds.

[confused81]

Sorry should also say there was a break clause at 6 months in an amendment in the TA that could have been activated by either party. However that required 2 months notice which has long since passed.

[islandgirl]

I would not class a safety check as autorising tradesmen to carry out an action at the property though the LL probably would! If you wish to stay (why would you? I would be looking to leave at the end of the contract) I think I would, for my own peace of mind, get a safety check done. If the system fails then you have a new set of problems - if it passes at least you have peace of mind. I am confused about Gas Safe contacting you. Gas safe is a register not a company? And you say the LLs rep - is all communication with an Agent? Does the LL know what is going on?

[confused81]

Again, sorry think the confusion is my poor explanation.

I contacted Gas safe to report faulty work at the property with regards the leak that was discovered. Also to report the person who signed of the certificate as I have been advised by a number of people in the industry that the leak should have been evident when tested as it resulted from pipework that fed the hob and there was a valve that was only finger tight.

We have had the same issue with the water pipes as we have builders in currently in after 4 separate leaks were discovered in the main bathroom. There is at least 1 leak in our downstairs bathroom, assumed to be caused by the same shoddy work but the builder is not investigating that until our main bathroom is functional again.

Further to this, 6 weeks into being in the property I realised there was no display showing on the CO2 detector. Removing that from the wall I discovered that 1 of the 3 batteries had been put in incorrectly. Somehow though, this was marked as being checked and tested on the Gas cert.

Gas Safe contacted me back to ask for further information and they asked if there was a manual at the property for the boiler which should have something in it, can't remember what, sorry. From our conversation they said they were satisfied to provide peace of mind and have someone attend and inspect.

Ideally we would be out of the property tomorrow but given the time of year, us having a dog which reduces the properties available it would not be remotely feasible until early next year.

The LL is very aware of what is going on as she was as difficult to deal with if not more so than the rep. He has recently been appointed as suddenly issues have gone unresolved due to her difficulty understanding English!

[islandgirl]

OK - still confused as Gas Safe is a register - assume they are interested in whether someone said they were registered and were not? https://www.gassaferegister.co.uk/ I still have no idea why they would send someone - they would be more likely to prosecute the fake Gas safe person? You have the option to get the council involved of course. There are many more experts on the Landlordzone forum (for LLs and tenants) and I strongly suggest you post the issue there also. I think I would pay for an inspection by a Gas Safe registered engineer for peace of mind.

[confused81]

I have an appointment with one of their Engineers for next week. The appointment was made by their Scheduling team. Like yourself I did not expect this as my initial contact was to report possible illegal work in the sense that the boiler may have been fitted by the LL's contractor who I do not believe is registered as Gas Safe, nor qualified in any other way for the numerous works he has undertaken, and made a right hash of, at the property.

My only concern to having someone come and inspect is the possible repercussions. Should there be a fault found, the LL will claim this is the result of the person we employ to inspect. At which point they will attempt to pass on liability to us.

I did post on the Landlord Zone earlier today however my post was awaiting authorising upon last checking.

Thank you so much for your advice so far.

[islandgirl]

LLZone has some forum issues - as a longstanding member sometimes my posts need approval. I am sure you will get some advice. If there is a fault I think your only option will be to involve the council.