yearly gas check

[peterpiper]

Landlord (estate agent) has not done gas check at my rented property for over 3 years. Can I prosecute/sue/claim against these people. Is it a serious matter ? What can I do ? Can I get some form of compensation ?

[stevemLS]

Re: yearly gas check

Your landlord is guilty of an offence.

The HSE are the enforcement authority.

Unless you have suffered loss or personal injury you are not due compensation - what are you being compensated for in your view?

[Crazy council]

Re: yearly gas check

I would also check with the estate agent what the date of the last one was.

as [MENTION=51013]stevel[/MENTION]MS said, its a serious breach for the agent or owner, if the owner has taken responsibility for doing the checks off the agent, they have to sign a form accepting responsibility , The agent is still legally responsible to check that there is a valid one as well.

[des8]

Re: yearly gas check

Naughty naughty
Read here to see wat action is open to you:
http://england.shelter.org.uk/get_ad...s_safety_risks

[peterpiper]

Re: yearly gas check

I have a very strong suspicion that landlord/agent will withhold deposit. In fact I am certain of it. I wanted to hold this thing about the gas check in abeyance, just in case. Doesn't sound nice I know, but when landlord/agent do not play by the rules then ...

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I know the date of the last one. Was in 2012

[meellis]

Re: yearly gas check

I must admit it is not whether it sounds nice its more that it sounds like blackmail.

[jon1965]

Re: yearly gas check

And you are playing with your life. The deposit should be protected even if you are on a rolling tenancy. You need a housing expert, preferably someone who is a landlord.

[Crazy council]

Re: yearly gas check

I have a very strong suspicion that landlord/agent will withhold deposit. In fact I am certain of it. I wanted to hold this thing about the gas check in abeyance, just in case. Doesn't sound nice I know, but when landlord/agent do not play by the rules then ...

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I know the date of the last one. Was in 2012

why do you think they will withhold it, if your tenancy been a few years, unless there is arrears or proper damage ( not just 3 years wear and tear ) he can not withhold it

Nowadays, to withhold a tenant's deposit for any other thing then rent arrears, you really have to have been on top of the paperwork from the start, photo inventories and so

It is very serious though, the gas check,

[wales01man]

Re: yearly gas check

contact Gas safe and get advice about the safety check until you leave you will not know if he will withhold deposit as for any compensation highly unlikely a fine for him maybe but I would expect he will get off that with some sort of defence

[meellis]

Re: yearly gas check

I think you will find he will receive a very high fine unless the checks have been done without your knowledge in which case the op should still have copies.

[seduraed]

Re: yearly gas check

As a landlord I know the need for gas certificates. Get on to the agent and ask (in writing) to see the current gas certificate. The certificate has several parts one is retained by the gas safe fitter, one goes to the address at which the test was conducted, usually the yellow one, and one goes to the landlord or managing agent usually the white one. Get on to the council and the HSe tomorrow and complain if you haven't seen one for three years . What gas appliances do you have?

[FlamingParrot]

Re: yearly gas check

I have a very strong suspicion that landlord/agent will withhold deposit. In fact I am certain of it. I wanted to hold this thing about the gas check in abeyance, just in case. Doesn't sound nice I know, but when landlord/agent do not play by the rules then ...

What makes you say that? Have you caused any damage to the property?

Is your deposit protected under one of the schemes? It should be if your tenancy started after April 6th 2007. That makes it much harder to withhold them than it used to be. I don't see any connection between the lack of a valid gas safety certificate and your deposit.

Sounds like you've had quite a few disputes with the landlord and/or the agents...

[peterpiper]

Re: yearly gas check

".. Sounds like you've had quite a few disputes with the landlord and/or the agents..."
Why do you assume this ? By and large, have got along quite well with landlords.
But I would suggest that a landlord withholding a deposit is very much a major
concern for any tenant who is about to depart. It's the ultimate weapon and always
with advantage, landlord

[jon1965]

Re: yearly gas check

I understand that there was a ruling in the courts recently that said if you were on a rolling contract (i.e when your initial AST runs out and you go onto a month by month agreement) it was decided that overtime another month went on a new contract was made hence the deposit had to be protected. I know my LL has resigned me to a new AST with deposit protection for just this reason after 12 years of month by month

[FlamingParrot]

Re: yearly gas check

".. Sounds like you've had quite a few disputes with the landlord and/or the agents..."
Why do you assume this ? By and large, have got along quite well with landlords.

Only based on your own posts. You stated you were CERTAIN that the landlord would withhold the deposit:

I have a very strong suspicion that landlord/agent will withhold deposit. In fact I am certain of it. I wanted to hold this thing about the gas check in abeyance, just in case. Doesn't sound nice I know, but when landlord/agent do not play by the rules then ...

But I would suggest that a landlord withholding a deposit is very much a major concern for any tenant who is about to depart. It's the ultimate weapon and always with advantage, landlord

It used to be a rather common occurrence for landlords and/or agents to find arguments not to return the deposit, at least not in full, and that wasn't just in this country. They did exactly the same to me in Canada when I rented a flat there many years ago! It was also commonplace for tenants not to pay the last month's rent for that same reason, and I did that myself in pre-deposit protection times. I gave the agents my notice and cancelled the SO for the rent at the time so the last month didn't get paid. As the deposit was slightly more than a month's rent, there was a smallish outstanding balance which the agents claimed as 'dilapidation fees' even though there was no dilapidation at all! However, they never chased me for the unpaid rent before I moved out, they must have been used to tenants doing the same thing.

The deposit protection scheme was implemented precisely to stop landlords from keeping tenants' money without a good reason, such as unpaid rent or obvious damage to the property.