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 Romain Garcin

16:04 PM, 29th May 2014, About 8 years ago

Reply to the comment left by "John Daley" at "29/05/2014 - 14:30":

Hi John,

Exactly. You put it better than I did.

"If anyone can cite a case where a landlord who has acted reasonably has been convicted under this legislation I’d be glad to see it."

Ditto.

by Rob Crawford

17:25 PM, 29th May 2014, About 8 years ago

Even with a right of entry you still need the tenants permission to enter. If you don't get that permission you cannot then enter without a court order. Yes if you act reasonably in the case of an emergency you may well get away with it but I don't think to conduct a Gas Safe check would be a sufficient reason to enter without the tenants permission if it later went to court.

by Romain Garcin

17:47 PM, 29th May 2014, About 8 years ago

Reply to the comment left by "Rob Crawford" at "29/05/2014 - 17:25":

If you have a right of entry upon 24 hour notice, you do not need explicit permission in the sense that you do not need to wait for the tenant to reply to that notice. A notice is not a request, though it is reasonable to re-schedule to make it convenient to both parties.
What is not necessary in an emergency is to give notice.

The issue is if the tenant explicitly says 'no' after he has received notice, because it potential brings conflicting rights into play.

by Mark Alexander

17:48 PM, 29th May 2014, About 8 years ago

Reply to the comment left by "Romain " at "29/05/2014 - 17:47":

On that we do agree - at last LOL
.

by All BankersAreBarstewards Smith

17:50 PM, 29th May 2014, About 8 years ago

Reply to the comment left by "Rob Crawford" at "29/05/2014 - 17:25":

unless you smelt gas on arrival.......

by Rob Crawford

17:52 PM, 29th May 2014, About 8 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "29/05/2014 - 17:50":

That would be an emergency!

by Mark Alexander

17:58 PM, 29th May 2014, About 8 years ago

Reply to the comment left by "Rob Crawford" at "29/05/2014 - 17:52":

... and a very creative story to explain to the judge....

"Well your honour, I turned up at the property in the hope that my tenant would be at home and in the hope that I might be able to reason with him about refusing to provide me with access to do a Gas Safety check. As it happens my Gas Engineer was with me. When the tenant didn't answer the door I peered through the letter box and thought I smelled gas so I let myself in. Whilst I was there I asked my Gas Engineer to do the Gas Safety Check and all was OK after all. Look your honour, here's the certificate"

.... yeah right, god luck with that one!
.

by All BankersAreBarstewards Smith

18:09 PM, 29th May 2014, About 8 years ago

if you smelt gas then it is an emergency and whatever needs doing to put it right would be done on the day

I cannot imagine many tenants Actually taking a landlord to court for repairing a gas boiler ? I also cannot imagine many solicitors taking on a case (with no legal aid) for such a claim....

In my experience there is a lot of "sabre-rattllng" by Legal Execs to frighten landlords into not claiming against deposits, into attempting to frighten landlords into doing what ever the tenants are demanding, in an attempt to justify their own existence..... Legal Execs can often be more fiercesome and aggressive than any solicitor in the hope of frightening a landlord.

I would rather be in front of a judge explaining why I breached my "tenants right to quiet enjoyment" than be in a criminal court dock being charged with manslaughter (worst case scenario of course).

Mark - how about a new thread - asking for information from any landlord on here who has been taken to court by tenants.....

by Romain Garcin

18:24 PM, 29th May 2014, About 8 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "29/05/2014 - 18:09":

Of course the first thing would be to _deny_ having breached right to quiet enjoyment.

by Mark Alexander

18:38 PM, 29th May 2014, About 8 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "29/05/2014 - 18:09":

Good idea, new thread started.

See >>> http://www.property118.com/taken-court-tenants/66029/
.


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