CP12 gas safety certificate

CP12 gas safety certificate

7:58 AM, 7th May 2014, About 8 years ago 82

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Should I report another landlord who refuses to get a CP12 certificate and if so, to whom? CP12 gas safety certificate

Many thanks

George

 



Comments

by Mark Alexander

22:48 PM, 28th May 2014, About 8 years ago

Reply to the comment left by "AA Properties Wales " at "28/05/2014 - 22:38":

Do Not let yourself in without permission. If you tenant already has a solicitor involved you might as well give your tenant everything you own now if that's what you're planning. This is a trap. Seek legal advice. You can buy a DIY kit from Landlord Law explaining what you need to do. Ignore this advice at your peril.
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by George Sandy

23:01 PM, 28th May 2014, About 8 years ago

I can guarantee that it is not because of unreasonable tenants. Basically he can't be bothered. As the freeholder of the whole property, he has allowed it to fall into disrepair and it could be very dangerous in other flats, if he has not bothered to get CP12's for them as well. Irrespective of your comment re 'grassing him up', the law is there to protect both tenants, neighbours and landlords.

by George Sandy

23:05 PM, 28th May 2014, About 8 years ago

Reply to the comment left by "Mark Alexander" at "28/05/2014 - 22:48":

Mark, surely landlords have a legal right to enter tenanted premises, by giving appropriate notice. How else can they inspect, to ensure the tenant is complying with the terms of the tenancy agreement? I do agree however that in this case, legal advice should be sought and he needs to tread carefully.

by Mark Alexander

7:29 AM, 29th May 2014, About 8 years ago

Reply to the comment left by "George Sandy" at "28/05/2014 - 23:05":

If you give notice you have the right to enter UNLESS the tenant refuses.

Clearly the tenant has refused and a solicitor is involved in the case of AA-Wales.

If he now enters the property against the tenants wishes then he should expect the next letter from the solicitor to be a pre-action protocol letter. This is a major step in litigation to advise you that you are going to be sued for lots of money for breach of covenant of quiet enjoyment, trespass and possibly even breaking and entry.

For a landlord to legally enter a rented property against the tenants wishes requires a Court injunction.

I've found the page on Tessa's website now - see >>> http://www.landlordlawblog.co.uk/2014/01/28/gas-safety-checks-help-for-landlords-whose-tenants-wont-let-them-in/
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by George Sandy

7:55 AM, 29th May 2014, About 8 years ago

Reply to the comment left by "Mark Alexander" at "29/05/2014 - 07:29":

Thanks for that information. Obviously if a tenant refuses access, then alarm bells start ringing and a court order would be advisable. What would the legal position be, though, if a CP12 could not be obtained, due to tenants intransigence? Could the landlord reasonably deduct the costs of the court order from the tenants deposit?

by Mark Alexander

8:00 AM, 29th May 2014, About 8 years ago

Reply to the comment left by "George Sandy" at "29/05/2014 - 07:55":

Good question, I suspect so but I don't know for certain.
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by All BankersAreBarstewards Smith

8:18 AM, 29th May 2014, About 8 years ago

Reply to the comment left by "George Sandy" at "29/05/2014 - 07:55":

If a tenant refuses access for a gas safety inspection a LL will need to get an injunction - and these are not cheap, so I'm told. I have never had to get one - yet !!. So, depending on the size of your deposit .... But, add a clause to your AST to cover this point if you are worried about it.

by Romain Garcin

9:16 AM, 29th May 2014, About 8 years ago

I doubt you would be risking much by entering to perform a gas safety check, especially that you have a right of access for inspection and repairs upon 24 hours notice. It is of course best to be cautious.

In any case, you should keep trying, keep it all in writing, and liaise with the council/HSE as they are the ones enforcing lack of gas safety certificates.

Certainly the tenant should be made to cover the cost of a court order since he would be in breach of his tenancy terms.

I'd evict at the first opportunity.

by Mark Alexander

10:03 AM, 29th May 2014, About 8 years ago

Reply to the comment left by "Romain " at "29/05/2014 - 09:16":

Please define "not risking much".

This tenant is already working with a solicitor!

Are you aware of the damages awarded by judges in cases like this?
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by All BankersAreBarstewards Smith

10:46 AM, 29th May 2014, About 8 years ago

Reply to the comment left by "Mark Alexander" at "29/05/2014 - 10:03":

Mark do you have any empirical evidence for these damages ?


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