i don't have a certificate. i've had one in 4 years - and that was done by a cowboy, transco condemed my fire the day after he said it was fine.this was 3 years ago.i am a private tenant with 2 fires and 1 VERY old boiler that has blown out every day since i moved in.i'm scared to leave fires on at night.
my boiler broke 6 weeks ago,i have spoken to my landlord 7 times in 6 weeks asking for something to be done as my children are cold on a night (my daughter had frost on the inside of her window) and are unable to bath. he just keeps saying," leave it with me".... i feel like ripping the boiler out and doing just that! when i try "nagging" he just tells me it's my responsability. can he do this? my tenency says, " tenent responsable for all repairs including gas safety certificates/checks"
2007-12-04 10:32:47 · 22 answers · asked by herbiecurie 1 in Politics & Government ➔ Law & Ethics
He can pretty much put anythig he wants into the lease, and if you sign it, you're bound to it.
2007-12-04 12:57:14 · answer #1 · answered by Gerry H 3 · 1⤊ 3⤋
Your landlord is acting illegally. By law, any property containing gas boilers/fires that were installed when you moved into the property (ie, not installed by you) are the responsibility of the Landlord. So if you put in a gas cooker, then it is your responsibility but boilers/central heating are the landlords.
By law, this gas check has to be done every year so he is being a really bad boy! Get in touch with Health and Safety and the local council and do not let this scumbag get away with it!
2007-12-05 00:16:20 · answer #2 · answered by Anonymous · 0⤊ 1⤋
A landlord cannot absolve himself / herself of the legal duty to make the premises livable. It sounds as if the landlord snuck that clause into your lease because things like the boiler was a KNOWN ISSUE to the landlord, but NOT a KNOWN ISSUE to you.
As it was likely a known issue, and because you could not have known, no judge on the planet is going to say that you assumed the risk and make such a clause in the lease binding.
Many states have a law that allows you to report deficiencies to the landlord, and if the landlord doesn't respond in a timely fashion (30 days) then you pay for repairs yourself and take it out of your rent. If your state has such a statute, then THE STATUTE WOULD MAKE THE CLAUSE IN THE LEASE VOID!!! The reasoning -- such a statute is designed to ***protect*** renters like you from slimeballs like your landlords. A landlord cannot "override" such a statute with terms in a lease.
Get to digging... it may be state law, or city ordinances, but you need some ammunition to work by.
Good luck.
2007-12-04 11:02:54 · answer #3 · answered by Shell Answer Man 5 · 0⤊ 1⤋
I've never had to pay for a gas check when I was a private tenant. It is the landlord's responsibility, it is his property. The landlord I had would hassle me because he couldn't get access due to me working, he had to make an appointment.
I don't like the sounds of your home at all. The gas appliances sound very dodgy. I would invest in a couple of carbon dioxide detectors from the likes of B&Q. Carbon dioxide gas is a killer and you can't see it, smell it or taste it.
Take your tenancy agreement to your local council housing department along with a description of the conditions you are living in and ask them to re-house you as a priority.
All social housing is undergoing a modenisation programme to bring them up to a decent standard. I don't see why private landlords should get away with letting slums.
2007-12-04 10:46:18 · answer #4 · answered by charterman 6 · 1⤊ 1⤋
Actually it depends on where you live. State tenant/landlord laws vary and so you may very well be responsible for the repairs. This is what happens when people don't take the time to read the fine print. Take it to a real estate attorney if you can and if not call the county district attorney in your state.
2007-12-04 10:44:06 · answer #5 · answered by Anonymous · 0⤊ 1⤋
No He Cannot do that.. According to the Gas safety [Installation+ Use] Regulations 1998 It is the Responsibility of the landlord to ensure ALL Gas Safety Checks... I Suggest u Check out this website Lettings-Landlords.co.uk for more information... I hope this is useful for you...
2007-12-04 11:09:45 · answer #6 · answered by Gary W 1 · 0⤊ 1⤋
It is the landlords responsibility to ensure gas safety checks take place it is his responsibility to fix the boiler refuse to pay the rent until he fixes the boiler or get on to environmental health
2007-12-04 10:47:48 · answer #7 · answered by Anonymous · 0⤊ 1⤋
It depends on where you live. Where is this taking place? Usually, the answer is HELL NO HE CANNOT do that. But, there are exceptions in places like Arkansas and Mississippi. Go see an attorney near you for some advice on this matter. Most will give you a 1st consultation for FREE. Also, notify him IN WRITING of the boiler problem. Sign and Date that notice & photocopy it. Keep the copy and give it to your attorney. ALSO, send it via registered mail so that you have proof that it was sent.
2007-12-04 10:36:52 · answer #8 · answered by cyanne2ak 7 · 2⤊ 2⤋
No it is not your responsibility legally your land lord has to to have the gas safety check done by a certified corgi registered person. He is breaking the law I would seek advice from your local CAB.
2007-12-11 13:37:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It is not your responsibility. By law he has to make sure that a yearly inspection is carried out and you should receive a copy of the certificate.
2007-12-05 05:29:37 · answer #10 · answered by Yahoo 4 · 0⤊ 1⤋
You are responsible according to your tenancy document if you signed it. But if he has accepted responsibility to fix your boiler then that opens the door for you getting the repairs done and giving him the bill. But that will be sticky.
2007-12-04 10:39:03 · answer #11 · answered by BillParkhurst 4 · 1⤊ 3⤋