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AIBU?

Gas safety check

143 replies

imoment · 18/05/2020 17:21

The lettings agency has said they have to do a gas safety check but I'm at risk and it doesn't expire for another month.

They seem to say even if I'm self isolating that it needs to be carried out else I have all responsibility.

Is this right? I want to at least delay it until contract tracing is up and running and iv'e still got 3 weeks before it expires.

OP posts:
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Am I being unreasonable?

59 votes. Final results.

POLL
You are being unreasonable
92%
You are NOT being unreasonable
8%
ChilliCheese123 · 19/05/2020 14:50

It’s probably better you don’t die in an explosion than the minute chance you will get covid from the engineer

You could always pop out for a walk round the block for 15 mins ?

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HeIenaDove · 19/05/2020 14:54

@cultkid Yes But no doubt she would be expecting tenants to take personal responsibility for their own behaviour. No such expectation for her it seems.

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HaudYerWheeshtYaWeeBellend · 19/05/2020 15:00

People keep contradicting themselves here. Some say it's a legal requirement and the next post says it's not but a duty of case.

Not a single person has said this Confused. There is a legal difference between a LL/tenant to that of a home owner.

The gas safe website says the law is flexible and they won't enter the homes of people shielding

As has been explained again Hmm the law is flexible but only 2 months prior to the expiry date and not when the legal gas service is outstanding/past expiry

The guidance doesn’t over ride the law and thus makes home owners insurances invalid if in the event anything happens, guidance does not over rise law.


People that have been told by the government during a pandemic they are at extreme risk and should not have people round to their house because they could die make your job hard?

Originally that was the guidance, however the guidance has been updated and has services are legal and also an essential service, PPE government guidance has been given.

Don’t slow them access OP, however you will be the one with the court costs of hundred!

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HaudYerWheeshtYaWeeBellend · 19/05/2020 15:06

Also shielding does not mean they cannot see anyone Hmm this is a massive misconception however those around those who are shielding including the person shielding have to take all precautions.

I have a child who is working I am a key worker, my child is shielding however the immediate family are not but taking additional precautions.

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HaudYerWheeshtYaWeeBellend · 19/05/2020 15:07

*Who is shielding

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imoment · 19/05/2020 15:16

What are you talking about, yes people have said that if you read the thread!!!!

HaudYerWheeshtYaWeeBellend Tue 19-May-20 13:02:55

It is not a legal requirement for homeowners who do not rent out their property to have an annual boiler service. However, they have a duty of care to ensure their gas appliances are safe, and not liable to cause harm to themselves or others, they may face prosecution if their failed to act in their duty of care.

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HaudYerWheeshtYaWeeBellend · 19/05/2020 15:56

It is not a legal requirement for homeowners who do not rent out their property to have an annual boiler service. However, they have a duty of care to ensure their gas appliances are safe, and not liable to cause harm to themselves or others, they may face prosecution if their failed to act in their duty of care.*

What are you not getting Hmm

There is a difference between a tenant and a homeowner.

Landlord are legally required to have a valid LGSR, (gas service)

A home owner does not have a legal responsibility however they have a duty of care, which is not the same as a legal requirement.

The post you’ve quoted is mine and clearly states it’s regarding a homeowner. Confused

As you’re not a home owner and in fact a tenant this does not apply to your situation and you are legally obliged under your tenancy agreement which is a legal document that you signed for YOU to allow access for a gas service to be carried out.

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imoment · 19/05/2020 16:18

I didn't sign an agreement to allow a stranger into my home during a pandemic that could kill me. WHAT DO YOU NOT GET???????

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Nicknacky · 19/05/2020 16:20

Do you honestly expect a contract to have every rare eventuality covered in it? Be reasonable.

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HaudYerWheeshtYaWeeBellend · 19/05/2020 16:25

I didn't sign an agreement to allow a stranger into my home during a pandemic that could kill me. WHAT DO YOU NOT GET???????

You’re not very bright are you Hmm

Pandemic or not the government has stated gas services MUST (as they are a legal requirement) go ahead and Covid guidance to be followed.

You didn’t sign your tenancy agreement with in the mist of a pandemic doesn’t make your tenancy agreement any less invalid.

Don’t let them in, you’re call however you will be the one liable for the court costs and not to mention being in breach of your tenancy!!

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WombatChocolate · 19/05/2020 16:37

Quite simply, the gas inspection is a legal requirement. It was one before the pandemic and it still is.

The pandemic happening and you staying at home or being vulnerable has not changed the law on this.

Measures have been put in place to allow it to be safe for you and shielded people and all people. You will not have to encounter the engineer.

Get in touch with your agents again by email and leave a message saying you are concerned and need reassurance. Be prepared to be reassured and that the gas engineers know exactly what the concerns are and how to work safely - you will not be the first house they have visited or the first nervous person.

And understand that the law applies to you and your property and your landlord because it is a rented property. Whether you think the law if right or should apply in the same way to owner occupied properties is irrelevant. It is what it is and applies to you too.

You can choose to disobey the law and refuse access. That will be your choice and could involve legal consequences for you, as disobeying any law might. It doesn't matter if you agree with a law or not.

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heartsonacake · 19/05/2020 17:04

Nobody has contradicted anyone else Confused Everyone has said the exact same thing: that it’s a legal requirement for the landlord to have it done.

Anyway, be as awkward as you want, but ultimately, they can and will legally force their way in to do it so I guess it depends on whether or not you’re happy with that.

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imoment · 19/05/2020 17:22

That's the thing, i've asked for the reassurances and not heard back.

I think some people here are being unnecessarily nasty.

I want the agent to take care and dilligence over my health, not box ticking.

Have some compassion some of you!

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BetsyBigNose · 19/05/2020 17:27

@imoment I totally get why you're worried, I felt the same when our Letting Agency called to say we were due our Gas Safety Inspection last week.

In the end, my family and I left the front door unlocked then went and sat in the car outside whilst the Gas man came and did his stuff. He was all PPE'd up and had disinfectant spray and wipes and cleaned everything he touched, gave us a 'thumbs up' as he left and sent the report via email.

Would this be a possibility for you?

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heartsonacake · 19/05/2020 17:28

I want the agent to take care and dilligence over my health, not box ticking.

They are taking care and diligence over your health. They’re trying to ensure you don’t die from your boiler 🤦‍♀️

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ChilliCheese123 · 19/05/2020 17:31

This threads making me want to head butt a wall

People in council property moanning about the council wanting to do work on the house

Do you KNOW how lucky you are?

Reminds me of a thread ages ago where a poster was complaining the council wanted to a put a new kitchen in her house FOR FREE

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LakieLady · 19/05/2020 17:31

we force entry to carry it out as it’s for the tenants and neighbours safety.

I work in gas compliance and governance, what you’ve just stated is illegal

You can get a court order to do it if the tenant won't permit access. I had to do that once when I was an HA housing officer.

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ImInYourMindFuzz · 19/05/2020 17:41

I think some people here are being unnecessarily nasty.
People have repeatedly given you goo, sound advice and you continue to say that we don't "get it". Perhaps look at yourself before going off on other people. 🤷‍♀️

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SeasonFinale · 19/05/2020 17:41

Homeowners who choose not to have their boiler check and service done but end up dying just die. Their own fault and their own risk.

Landlord doesn't carry out check and tenant dies. The Landlord gets sued for millions. The Landlord has a legal obligation to do this and failure to do so put the tenant at risk.

It will take a few minutes.

Just get it done. It is not rocket science pandemic or no pandemic.
You are actually at higher risk of dying from carbon monoxide poisoning than Covid-19.

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Witchcraftandhokum · 19/05/2020 17:52

We had ours done last week. I went upstairs with the dogs, husband unlocked the front door and went back inside. Bloke came in and went into utility whilst husband staying in the living room. Easy.

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LakieLady · 19/05/2020 17:53

I want the agent to take care and dilligence over my health, not box ticking

Your health wouldn't be worth worrying about if you had a gas leak and your home blew up with you in it, or you died of carbon monoxide poisoning in your sleep. And there have been cases where manslaughter charges have been considered against landlords who have failed to maintain appliances and that failure has led to the death of tenants.

You can protect yourself against risk of infection, but you can't protect yourself against the risk from an appliance you don't know is risky, because you haven't allowed access for a safety check. And, although I'm on the side of the tenant in 99.9% of matters, I wouldn't think badly of a landlord who decided to serve notice on a tenant who was preventing him from meeting a statutory safety obligation.

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HaudYerWheeshtYaWeeBellend · 19/05/2020 18:14

You can get a court order to do it if the tenant won't permit access. I had to do that once when I was an HA housing officer.

Yes that’s the legal procedure, the poster who stayed the above was also claiming to be a housing officer, stated that her very large London HA just forces access without a court order Hmm

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HaudYerWheeshtYaWeeBellend · 19/05/2020 18:23

I think some people here are being unnecessarily nasty.

This is untrue, it’s very evident that everyone on this thread have given you very clearly advice on your position here.

Frankly you’ve been very rude in your replies to posters trying to help you understand your position, but also trying to help you not put your tenancy at risk and receive a court cost and summons for basics to force access to your property.

We are ALL trying to help you, however if you want to believe everyone is against you and being “nasty” then so be it!

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cultkid · 19/05/2020 18:37

What if your neighbours died because your boiler wasn't working properly
I don't understand your stance
Stand out fucking side !!

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WombatChocolate · 19/05/2020 19:03

Op, read through the full thread. Lots of knowledgable people have come on here to help you and tell you where you stand on this. I'm not sure you've thanked any of them for their time or information.

Your agent and the gas engineer WILL have measures in place to protect your health. There WILL be PPE and there will be advice to YOU about where you should be/how you can avoid contact with the gas engineer. Lots of people have explained how they were nervous but have had the check in the last few weeks and different ways the gas engineer makes it work and where they locate themselves to avoid contact. No-one has disregarded your concerns and the gas engineer won't either.

So the Q is, have you actually read what people said and are you actually asking the Q and wanting answers or not interested in hearing answers because you are just determined not to have this gas check totally regardless of the information and explanations? Are you determined to argue with everyone regardless of if it makes sense or if 100 people clearly explain it to you? Are you like this about everything?

And do you decide that anyone who disagrees with you is being nasty? People have been very calm and patient and explained the same thing MULTIPLE times to you, whilst you - if you look back - have not always been patient, polite or logical.

So now you have all the info you need.

  • You can understand that the law on this issue still stands for rented properties even in a pandemic.
  • You can see measures are in place for safety and how lots of people have dealt with the practicalities of a gas engineer visit
  • You can contact your agent again to check any of this out if you need to. Sometimes you do have to ask a Q twice or even three times - and perhaps you just have to be a little patient in waiting for an answer.
  • you will then have to decide to comply with the law or break it. That will be your choice, as will the consequences.
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