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quote:
Originally posted by Lockes no 1 fan:
I am renting my home and found out last week that my landlord has failed to protect my deposit and there is no gas safety certificate in place..The cooker is very old and the gas fire does not work.

I contacted him and told him I was not happy about this and still he has not done anything, can anyone give me some advice. I am considering withholding my rent


The Citizen's Advice should be able to help you LOckes Thumbs Up
Baz
quote:
Originally posted by Lockes no 1 fan:
I am renting my home and found out last week that my landlord has failed to protect my deposit and there is no gas safety certificate in place..The cooker is very old and the gas fire does not work.

I contacted him and told him I was not happy about this and still he has not done anything, can anyone give me some advice. I am considering withholding my rent


you can't withhold your rent, it puts the ball in his court and I'm sure there'll be a clause in your lease saying no discount/allowance will be taken from the rent for any reason.

Is there some kind of a Board or Authority for rented properties? For example over here we have the Residential Tenancies Board that you can go to. Do you have anything like that in the UK?
T
quote:
Originally posted by Lockes no 1 fan:
I am renting my home and found out last week that my landlord has failed to protect my deposit and there is no gas safety certificate in place..The cooker is very old and the gas fire does not work.

I contacted him and told him I was not happy about this and still he has not done anything, can anyone give me some advice. I am considering withholding my rent


Join this site, you will get plenty of friendly advice
Believe me, they have been a God-send to me regarding financial difficulties

http://www.consumeractiongroup.co.uk/forum/
cher
The landlord is legally required to protect your deposit in a government-approved scheme. He/she must provide you with the details of the deposit scheme in which you deposit has been placed within 14 days of taking the the money. If you have requested this information with no success I would recommend that you ask your landlord, in writing, to provide you with these details forthwith otherwise you will apply for a court order (at your local county court) to either have your deposit returned to you or to protect it in one of these schemes. If they have failed to protect your deposit they can be forced by the court to pay you three times the amount of the deposit as compensation.

Obviously this doesn't make for good relations between landlord and tenant. You might find that this irks your landlord and he may see you as a troublemaker and ask you to vacate the property as soon as he is legally able to do so. I would say that this probably isn't a bad thing, as I would be suspicious and reluctant to have a landlord who is clearly evading his legal responsibilities. I think this may be indicative of what is to come and say get out as soon as you can.

Also, make sure you have a receipt that states that the amount taken was a deposit and not two months rent in advance.

Good luck
Girlrider29
Sorry, I forgot about the Gas Safety Certificate. He can be prosecuted for failure to have the gas appliances and flues safety assessed. I would also suggest that you include this in your letter and state that if he does not provide you with an up-to-date certificate you will contact the Health and Safety Executive (HSE) who will conduct an investigation which could result in prosecution leading to a hefty fine or imprisonment. I would see to this particular issue as a matter of urgency. Carbon monoxide poisoning kills people.
Girlrider29
quote:
Originally posted by Lockes no 1 fan:
I am renting my home and found out last week that my landlord has failed to protect my deposit and there is no gas safety certificate in place..The cooker is very old and the gas fire does not work.

I contacted him and told him I was not happy about this and still he has not done anything, can anyone give me some advice. I am considering withholding my rent


ive no idea but I would just say go to the CAB and they should be able to point you in the direction of somebody who would know
ZAYLEE
quote:
Originally posted by tupps:
About your gas appliances. You can contact your local Council or the HSE. They both have joint enforcement responsibilities.

Whether your deposit needs to be protected by a tenancy deposit scheme by law would depend on when you commenced your tenancy. Tenancy deposit protection came into force from 6th April 2007.

You're a mine of information about this sort of stuff. Where do you get it from? Eeker
FM
quote:
Originally posted by spongebob squarepants:
i thought it was law that rented accomodation had to have a yearly gas safety check???.....contact the c.a.b locke's...they'll be able to give you advise on how to deal with it....good luck.... Hug


Same here I always thought it was against the law not have a gas safety check, we have a bloke come round once a year, in fact he was here a couple of months ago.
Poolshark
quote:
Originally posted by Daniel J*:
quote:
Originally posted by tupps:
About your gas appliances. You can contact your local Council or the HSE. They both have joint enforcement responsibilities.

Whether your deposit needs to be protected by a tenancy deposit scheme by law would depend on when you commenced your tenancy. Tenancy deposit protection came into force from 6th April 2007.

You're a mine of information about this sort of stuff. Where do you get it from? Eeker


I could tell you.. but I'd have to charge.. Ninja
tupps
Sorry I've only just seen this post. A Gas safety certificate is a
CP12 they are done annually, It is illegal not to have one.

In 1996 the government made law that all landlords who rent part, or all of a property, must have all gas appliances and pipe work checked and a certificate to prove it every 12 months.

A freestanding cooker can fail a CP12 if they do not have a safety chain fitted, that is how hot a CP12 is. It is imperative to have a CP12 especially if you have a boiler.

I'd report him.

While you're about it, check that he has a valid NICEIC certificate, This is for the electrical installation, also required by Landlords.


If you moved in recently he will also need an EPC
Energy Efficiency in Private Rented Properties
From 1st October 2008 Landlords Must Provide
an Energy Performance Certificate to all New and Prospective Tenants (Up to a ÂĢ5000 fine if not provided)
E
Last edited {1}
quote:
Originally posted by Lockes no 1 fan:
wow thanks for all the help guys...Tupps I moved in on May 19th last year so know the deposit should be protected.
I have queried this with the landlord and he still has not put it in a deposit scheme


ok.. well.. a few things you can do..

Firstly you could send your Landlord a recorded delivery letter stating you still have not received confirmation of the information regarding the tenancy deposit scheme (which should have been provided to you within 14 days of commencement of your tenancy and payment of your deposit) and you would be grateful if he would provide the same by <insert date>. Give him minimum 7 days to respond. If you have previously asked for this information then state when and how you did so in that letter.

You could bypass the above step and go straight to the next one if you wished..

You can apply to the county court for an order requiring the landlord to protect it in of the schemes or return it back to you. You can also be awarded compensation up to 3 times the value of your deposit (although you won't get that if he has protected your deposit but has just failed to notify you in the 14 days).

If the landlord hasn't protected your deposit and provided the information within the required 14 days then they are going to find there are restrictions on how they can evict you.

It might be a good idea to pop to the CAB and get some advice/assistance.. especially if you're going down the county court route.

Hug Good luck
tupps
quote:
Originally posted by Bigdaddyostrich:
quote:
Originally posted by tupps:

I could tell you.. but I'd have to charge.. Ninja


Ninja

You pro bono types are bringing the whole honourable profession into disrepute Mad


Laugh

No you are quite right.. Ninja although I do have an awful lot of karma to make up, I am starting to feel a strange sense of well-being which will not do when inputting my contemplations on the loo as chargeable. I must snap out of this and remember we are in a recession! Disappointed
tupps
quote:
Originally posted by tupps:
quote:
Originally posted by Bigdaddyostrich:
quote:
Originally posted by tupps:

I could tell you.. but I'd have to charge.. Ninja


Ninja

You pro bono types are bringing the whole honourable profession into disrepute Mad


Laugh

No you are quite right.. Ninja although I do have an awful lot of karma to make up, I am starting to feel a strange sense of well-being which will not do when inputting my contemplations on the loo as chargeable. I must snap out of this and remember we are in a recession! Disappointed


To: believing I saw client across street; waiting for traffic to part and crossing thoroughfare - 1 unit

To: realising I was mistaken and making my apologies to presumed client - 1 unit

To: composing attendance note of incident - 2 units

To: letter to client to explain incident and render fee note in respect thereof - 1 standard letter
bigdaddyostrich
quote:
Originally posted by Bigdaddyostrich:
To: believing I saw client across street; waiting for traffic to part and crossing thoroughfare - 1 unit

To: realising I was mistaken and making my apologies to presumed client - 1 unit

To: composing attendance note of incident - 2 units

To: letter to client to explain incident and render fee note in respect thereof - 1 standard letter


have you hacked my Norwell.. Ninja

I think 2 units for the attendance note is a little meagre. I think I could push for 3 on the grounds that the 'meeting' in question was charged at a total of 2 units so surely to goodness noting it for the file.. which includes a few minutes to mull over how I could have made such a mistake and moreover acted upon it in order that I do not make such mistake again.. would warrant more. Ninja
tupps
quote:
Originally posted by Bigdaddyostrich:
quote:
Originally posted by tupps:
quote:
Originally posted by Bigdaddyostrich:
Well I leave that sort of egregious bill padding to the cadet branch of the profession. Wink


Winkwhere would you be without us..


Having to resort to the horrors of direct public access Eeker


It is one of the things I dreaded most when moving over to the 'dark side'. After all by the time 'you' get to see them they have been to Primarni and (if you are lucky) had a bath.

Then I realised. This is why trainees were invented. Ninja
tupps

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