Mumsnet has not checked the knowledge, experience or professional qualifications of anyone posting on Mumsnet Talk and cannot be held responsible for any advice given on the site. If you have any serious legal concerns, we would suggest you consult a lawyer.
Being sued! Please help(57 Posts)
Please help - I'm frantic. It's a long story, for which I apologise, but apart from wanting to post ALL the FACTS, I think I need to get this off my chest. I haven't slept for a week now and my nerves are at breaking point. I'd appreciate any help or support.
I put my house up to let last November and with that intention had the gas appliance (fire and back boiler) serviced and checked. It was issued with a safety certificate by a Gas Safe registered engineer. There was an advisory on it saying that the flue was not within current standards but was still safe to use.
Tenants moved in on 3rd January. They only wanted the property for a short time as they were waiting for their new build to be completed, but they couldn't give me a date that they would be leaving so they signed a 6 month AST.
A few days after they moved in their CO monitor went off at about 10pm so he texted me to let me know and they all went down to the hospital. They were checked out and were found to have levels of 6 and 7 in their blood (not sure who had those levels, them or their children). I freaked out and called the engineer who was there at 9am the following morning, waiting for me to let him in.
I was shocked at what I found - so was he from an engineers point of view. The place looked like one of those hoarding programs on telly. Furniture and boxes stacked up virtually to the ceilings in every room.
Anyway, the engineer carried out checks on the boiler, fire and flu and found nothing. The first thing he did was check the air to see that it was safe to enter. His "snooper" detected zero CO in the room, despite it being left with the windows closed. He pulled the whole thing to bits and could find no evidence of sooting or anything else that would indicate a CO leak. He left an hour a half later having found no fault. He did, however, point out that their furniture and carrier bags full of stuff were blocking the vent to the room and that they had also clearly been burning a large candle in the room. He said I should ask them to ensure the vent was clear.
I arranged for engineer to return in a few days to extend the flue to current regs which he did.
As he was leaving, a British Gas van pulled up. Apparently tenants assumed our engineer was "dodgy" and called them, too. They took out a plan and told me I had to pay the call out of £99 (which in panic, I agreed). BG man (and apprentice) pulled fire and boiler apart again, also checked out flue, stating that I "should" have the flue extended a few hundred mm to make it to current standards.
While he was there, the tenant's CO monitor went off so he held his "snooper against" it but it read zero. He proclaimed it to be clearly faulty and took it outside to break open to prevent further use. He did a final check of the boiler and just as he was about to close it up, having found nothing wrong, the pressure valve flickered so he said he'd change it "just in case" which he did.
Both my engineer and the BG man stated that there had been "unusual atmospheric conditions" that night which may have caused a "blow back puff" that was apparently quite common, but I think we were all satisfied that the boiler/fire was safe so they came back and carried on living there.
The next day I had a text complaining that the rooms were not getting warm. I'm not surprised as every single rad had stuff leaning against them. Tenant was adamant that rads needed bleeding and that he would do them himself. He was still complaining, but his wife told me separately that they were fine. I think she must have told him as I heard nothing else about it.
Less than a fortnight later, I had another late night text telling me they'd booked into a hotel as their new Kidde CO monitor had gone off. I freaked out again and told them I'd call my engineer out but they said they'd call BG in which they did. An engineer was promised by lunch time but he didn't turn up so I gave them oil-filled rads to use. He turned up after dark and said he was unable to do anything as it was too dark to check the smoke coming out of the chimney. He left a fan heater and tenants stayed at property.
Next day a different BG man turned up. Checked the place out, could find nothing wrong and no CO. He checked their new Kidde monitor which the wife had said was bleeping "intermittently" (her husband had previously stated it was going off continuously!)but the readings were zero. He told them it must be faulty and nailed a BG monitor to the wall for them.
Again, I just thought it was a run of bad luck with faulty monitors and thought nothing else about it. Then we had the cooker ring saga - but that's another story if any of you are interested.
So, fast forward to today and I find a solicitor's letter in the post claiming £20,000 pain and suffering! I also had a letter from tenant last night telling me that he'd reported me to HSE and the council for not having a gas certificate! I gave him a copy before he moved in along with the EPC and the electrical safety certificate. I've sent a copy by email to the council guy and spoken to him by phone. He says he's satisfied and will be taking no action. I'm waiting for HSE to call back.
Tenant is actually moving out this week and has only paid rent up to today. He's also taken out £99 from his rent for the BG call out, despite me writing to him asking him not to as I'd noticed damage to the door when I went in and would offset it against the repair cost at the end of the tenancy.
Estate agent did a viewing last Thursday and called to say that the prospective tenants had been "frightened off" by current tenant who interfered throughout the viewing, telling them the house was unsafe. He also has a CO monitor bleeping in every room which the EA said was very off-putting.
So, I am in the kind of situation I never thought I'd find myself in and am not doing very well. I suffer with severe anxiety and depression and didn't cope very well, with the cooker ring situation and all tenants nasty texts (but a BIG thank you to all those who supported me through that. It is very much appreciated). I can feel myself starting to "give up" with this already.
I am hoping for any advice I can get regarding these issues: am I liable to have to pay out? Are those CO levels high (as I have no idea where they could have been poisoned from - I'm pretty sure that all/any of the engineers would have shut the system down if it had been the cause)? They reverse their cars up against the vent and front door - could that have contributed? Can I claim the rest of the rent he owes even though he's moving out? Can I ask for the £99 back? Who is responsible for utilities if he moves out but still is within his contract date? It's too cold to leave the house without heat without risking burst pipe damage. Can I go in to make sure it's being heated? A few months rent and £99 won't go far towards £20,000, but it might help me pay my solicitor's bill!
To top it all, I asked before they signed if they had pets. They said two outdoor dogs that they were "getting rid of" (which they have). I noticed cats trying to get in when I attended the property - I have a cat and cat flea allergy that causes me to have severe asthma attacks. Tenant told me they were his cats, but they were outdoor cats and never come inside (they looked like they were pretty used to being let in when I was there!). I'd had the place professionally cleaned before they moved in and now will not be able to risk going in again until it's sanitised properly again. Can I bill them for it? They said they would leave the property clean but I'm afraid to go in and perform a check-out with them now. How do I go about this?
A BIG thank you in advance for any help/suggestions/support.
I know its not easy but I would really emphasise the need to just stick this through to your insurers and forget about it. I used to work dealing with these sorts of claims and honestly you can spot the genuine ones at a thousand paces. Remember, they have to prove their case. They simply can't because there is no medical case for it. To give you an example-i has a case with a simple neck injury where she recovered in 3 weeks. The woman was utterly convinced that she had an early menopause because of the accident. Tbf, she really did believe it, but there was no medical expert who could find a link. She attributed one distressing thing with another.
What worries me, though, is that they say they have CO in their blood but after all the checks by the engineers and false CO alarms going off, I don't believe that they got it from my property - but how do I disprove it?
HSE says I'm not negligent due to having done all the legal stuff, but I can't really see that helping me.
You're not getting this are you?
You do not need to disprove anything. The only thing you need to do is put this in the hands of your insurers.
Then just thank fuck you had the sense to get the insurance
It's now their job to deal with the hassle, it's what you have been paying them for. Any proving has to come from the tenants, and since its got scam written in large letters all over it, they won't be able to do that.
Carbon monoxide of 6 or 7 as far as I know isn't significant. I was recently trained to use CO monitors on people, the ones that are like a breathalyser. I normally register a 7 or even a 9 when I blow into it myself and I don't smoke, my boiler is fine, etc. I think it's because I live on a main road, drive a lot......other things affect your levels such as pollution, traffic.
Your ex tenant sounds like a total knob. I don't think he has a hope in hell of suing you, it would be laughed out of court. You had all the correct certificates, got people there when you thought there was a problem and two qualified people said there wasn't a problem. He and his family have suffered no harm or injury.
The hob ring situation is total twattery, I've lived in my own home with only three working burners for twelve years and can't be arsed to fix it. Having to manage a week is perfectly acceptable.
If I were you I'd change the locks and forget about him as much as possible. Write any lost rent from him leaving early off, ditto damage to the door. It's not worth the stress to you of chasing him for the money. Rise above it and thank god you're not a knob like him. If you have legal protection on your insurance then let them sort it concerning his claims.
Evans, you don't have to disprove that they didn't get CO in their blood from your house. The onus is on them to prove that they got it from your house. Which they can't do in a million years because you have two gas engineers saying there was no CO leak and the levels they have in their blood are normal background levels.
Evans, I know you're not believing everyone on here, but you really have nothing to worry about. If they sue you they have to prove you were negligent (which I can't see how they would) and they have to prove harm resulting from this (with co levels that low I can't see how they would do that either). Please try not to sorry, just put everything I in the hands of your insurers.
Thank you All again.
I still haven't heard from the insurers - I had to send all the evidence in to a company that decides if it goes on to the insurers (I'm shocked as I just thought I pay the insurance and they sort it all out).
I rang their solicitors today as the letter snittily told me to reply in 21 days or I'd be in trouble. The secretary told me the solicitor is away til the 15th - all the stress of trying to get it sorted in the time period they wanted and he's not there anyway!
Gin - HSE told me they wouldn't look into any levels less than 10 so that was helpful. On other hand, he said he'd send me a letter confirming no action to be taken, but I haven't had it yet.
I'm not bumping this back up - I'm just thanking everyone for their help and support. I am still very worried, though, as I've ALWAYS stayed inside the law (I worry too much to not be as legal as I can with everything, then I worry about the stuff I'm not aware of!) but have ALWAYS ended up getting the sharp end of the stick when anything has happened to me generally in life.
I'm trying to put it all to the back of my mind but am getting heart-stopping moments and sleepless nights no matter how much I try. I'm making myself ill, but can't help it. I wish I could wake up and the nightmare have disappeared. But that's me - I never come up smelling of roses. Thank you All, again, though. It helps a lot knowing I've got support.