jomac Posted September 20, 2012 Report Share Posted September 20, 2012 Hi, Iwonder if anyone has any views on the following. My stepsonwas due to move into student accommodation in Sept 2011 but his father did notallow him as the landlord would not show them a current gas safety certificate.We later found out he did not have one until Feb 2012 (6 months after thetenancy agreement began). We are refusing to pay the rent as we had to findalternative accommodation. Do you knowof any case law or statutory provisions showing that if there is an initialfailure to provide a current gas safety certificate then the tenancy agreementis unenforceable and there is no remedy to allow the landlord to collect rent. Many thanks Jo Mac Link to comment Share on other sites More sharing options...
Grampa Posted September 20, 2012 Report Share Posted September 20, 2012 Did he live there at all? Was a contract signed? He could have arranged a gas cert himself if he moved in and the landlord didnt supply one and then deduct the cost from the rent. Link to comment Share on other sites More sharing options...
Guest tenants_from_hell Posted September 21, 2012 Report Share Posted September 21, 2012 Did he live there at all? Was a contract signed? He could have arranged a gas cert himself if he moved in and the landlord didnt supply one and then deduct the cost from the rent. Not is always easy as that. If there was any issues and the gasman marked it as unsafe, any work needing to be done to make it safe could involve a huge cost, which a tenant would not really want to pay. Most likely he would stil have to pay for the certificate despite it failed to meet requirements as the gasman spent time checking/working. Link to comment Share on other sites More sharing options...
Grampa Posted September 21, 2012 Report Share Posted September 21, 2012 I don't know what isn't easy about getting the plumber out to do a gas check and issue a certificate, pass or fail. If it fails and is shut off that just proves it was a worthwhile thing to do. If it needs expensive works that is another issue and immaterial this stage. If the boiler was that bad after inspection you can get the council involved and they will chase the landlord. As mentioned earlier if the landlord refused or dragged his heels getting a gas check it would be reasonable for the tenant to deduct the cost from the next rent. But I cant imagine the tenancy lasting for long afterward. Link to comment Share on other sites More sharing options...
Melboy Posted September 22, 2012 Report Share Posted September 22, 2012 My stepson was due to move into student accommodation in Sept 2011 but his father did not allow him as the landlord would not show them a current gas safety certificate. By Law the Landlord must leave a gas certificate copy with the tenant. The Landlord in this case is an idiot. However as your Stepson did not actually move in ?? the landlord has no case to answer?? Link to comment Share on other sites More sharing options...
Guest tenants_from_hell Posted September 26, 2012 Report Share Posted September 26, 2012 I don't know what isn't easy about getting the plumber out to do a gas check and issue a certificate, pass or fail. If it fails and is shut off that just proves it was a worthwhile thing to do. If it needs expensive works that is another issue and immaterial this stage. If the boiler was that bad after inspection you can get the council involved and they will chase the landlord. As mentioned earlier if the landlord refused or dragged his heels getting a gas check it would be reasonable for the tenant to deduct the cost from the next rent. But I cant imagine the tenancy lasting for long afterward. And if it was turned off the tenant doesnt want to pay for the works as it can be hefty at times, and if he is living in the property do you expect him to live there for god knows how long without heating and/or hot water and a gas cooker if there is one whilst your council chase the landlord? Seriously some of you need to think before you speak (no cooking, no water, no heating whilst our council chases them yeah we're advisors...) Not immaterial pal, its having a broader overview. Link to comment Share on other sites More sharing options...
Melboy Posted September 27, 2012 Report Share Posted September 27, 2012 We are refusing to pay the rent as we had to find alternative accommodation. You don't say why though you had to move out do you? So did your Stepson not pay any rent from September through to February? Would be nice if you would come back and read the replies so far and expand on the problem or at least give a clearer picture of the circumstances. Link to comment Share on other sites More sharing options...
caravanj Posted September 27, 2012 Report Share Posted September 27, 2012 Hi, Iwonder if anyone has any views on the following. My stepsonwas due to move into student accommodation in Sept 2011 but his father did notallow him as the landlord would not show them a current gas safety certificate.We later found out he did not have one until Feb 2012 (6 months after thetenancy agreement began). We are refusing to pay the rent as we had to findalternative accommodation. Do you knowof any case law or statutory provisions showing that if there is an initialfailure to provide a current gas safety certificate then the tenancy agreementis unenforceable and there is no remedy to allow the landlord to collect rent. Many thanks Jo Mac People are trying to give you advice but you haven't answered a very important question i.e. did your step-son ever actually physically live in the flat because you use the phrase 'was due' which implies, but doesn't confirm, that he never actually lived there. Nor have you bothered to reply to any of the answers. If this is the case are you saying that the landlord is trying to claim rent because a tenancy agreement was signed although he never lived there? I really don't see why we should try to help if you can't be bothered to comment on the replies. Link to comment Share on other sites More sharing options...
Grampa Posted September 27, 2012 Report Share Posted September 27, 2012 And if it was turned off the tenant doesnt want to pay for the works as it can be hefty at times, and if he is living in the property do you expect him to live there for god knows how long without heating and/or hot water and a gas cooker if there is one whilst your council chase the landlord? Seriously some of you need to think before you speak (no cooking, no water, no heating whilst our council chases them yeah we're advisors...) Not immaterial pal, its having a broader overview. yawn sigh. As the OP hasnt confirmed if the tenant moved in or signed a contract, it is immaterial at this stage. I will explain again.... The tenant holds back funds for a gas certificate (40-50 quid) OUT OF THE RENT (If the landlord refuses to do one) so he doesnt pay for it. If its acceptable and passes and safe alls good. If its unsafe he would be within his rights to move out if he chooses too. But it hasnt cost him anything at this stage and he can make decisions based on facts. So you are saying dont have it checked in case the gas gets turned off. mmmmmm. I think the brakes dont work on my car so I wont have a MOT done just in case it fails. Makes perfect sense. :rolleyes: Link to comment Share on other sites More sharing options...
Guest tenants_from_hell Posted September 27, 2012 Report Share Posted September 27, 2012 yawn sigh. As the OP hasnt confirmed if the tenant moved in or signed a contract, it is immaterial at this stage. I will explain again slower this time to the people who find it harder to understand english. The tenant holds back funds for a gas certificate (40-50 quid) OUT OF THE RENT (If the landlord refuses to do one) so he doesnt pay for it. If its acceptable and passes and safe alls good. If its unsafe he would be within his rights to move out if he chooses too. But it hasnt cost him anything at this stage and he can make decisions based on facts. So you are saying dont have it checked in case the gas gets turned off. mmmmmm. I think the brakes dont work on my car so I wont have a MOT done just in case it fails. Makes perfect sense. :rolleyes: Legally the tenant cant hold back any rent for work the landlord hasnt done. How will it not cost him? A gas man will charge you for his time if not the cost of the certificate especially if you turn around and say "no I cant afford it yet". No gas man comes out for free does the checks, see's it wont pass caps it off and wont charge you yet he spent an hour... Link to comment Share on other sites More sharing options...
Grampa Posted September 28, 2012 Report Share Posted September 28, 2012 Legally the tenant cant hold back any rent for work the landlord hasnt done. Come on TFH that is a bit of a lazy reply and a cop out and you know it. 1. The tenant is not going to go to court over 45 quid and get a prison sentence. 2 If you have read up on case law you would know there are elements of flexibility in law especially when safety is an issue. 3 The landlord could try to claim the cost back from any deposit but if the tenant could prove he was reasonable in his actions and there was a safety element it wouldn't be upheld by the deposit scheme or a court. Take a look at the case histories on the deposit schemes web sites. How will it not cost him? A gas man will charge you for his time if not thecost of the certificate especially if you turn around and say "no I cantafford it yet". No gas man comes out for free does the checks, see's itwont pass caps it off and wont charge you yet he spent an hour... See previous post again. A gas cert can cost about £45which the tenant has withheld from a rent payment. If the system is unsafe the gas man will have an obligation to shut the system off regardless. Are you saying the gas man will not shut a system off which is dangerous because he wants more money? Ridiculous Link to comment Share on other sites More sharing options...
Richlist Posted September 28, 2012 Report Share Posted September 28, 2012 Yawn ! Yawn ! This makes a pleasant change .....its like a breath of fresh air...........its usually me who recieves the criticism. Link to comment Share on other sites More sharing options...
kerbut Posted September 29, 2012 Report Share Posted September 29, 2012 God , been to Spain for 2 weeks and Landlord from hell is still here(unfortunatly ) Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.