House let without gas/ electrical safety certificates

[Babaretceleste]

Hi everyone

I rent an expensive house in London with my family (two kids), which is being sold by my landlord with us in situ as tenants. As part of the exchange process, a gas safety check was conducted. A “dangerous” leak was discovered and the gas supply cut off until new piping was installed and the gas rerouted. Our gas oven was also condemned as dangerous and disconnected.

It turns out, now I’ve looked into legal requirements and what has/ hasn’t been done, that my landlord hasn’t done a gas safety check for 5 years! He should have done so annually. Nor has he done an electricity safety check. None of the legally required certificates exist so the tenancy has been illegal for 5 years!

Do we have a claim against the landlord for rent repayment/ damages?

Do we have a claim against the (leading) estate agent which let us the property and continued to gather the rent/ charge commission without checking these certificates existed/ were being renewed.

Many thanks for any advice. I am truly speechless with horror at what might have happened/ the health implications for my family.

Your priority now is to ensure that the new owner has done the relevant gas and electriticy safety checks and has certificates. I'm not sure how as sitting tenants you do that? Maybe write to the buyers solicitors?

The EICR (electrical safety certificate) has only been a requirement in English law - not sure about the rest of the UK - since about 2020/21. Gas safety certification has been mandatory since much longer.

I would prioritise this for now, before trying to get financial compensation. The trying to get financial compensation part of it all is muddying the waters on what is really important here.

Please also name and shame the letting agents. If everything is as you say, then they have been acting illegally and with gross negligence and you have more chance of eventually getting compensation out of them than your Landlord who might simply be ignorant of the law.

Errr... why should the tenant be going to B&Q? It is a legal requirement for landlords to provide a working carbon monoxide detector in every room used as living accommodation that has a fixed combustion appliance (eg gas cooker or boiler or gas fire). It is totally negligent if he hasn't been doing so.

The Op has named the agents, but they’re not managing the property so have no legal responsibility for any of the issues the Op has

Sorry, I've now read back and see that the agents are Lettings Agents, not Management. I don't know what the difference in law is between the two - but it's worth checking out?

A reputable Lettings Agents wouldn't knowingly let an unsafe house. I would delve deeper into the difference in responsibilities of the two - Google or Shelter will help, no doubt.

Are you sure this is true? they’re not managing the property so have no legal responsibility for any of the issues

Thanks, but I don’t care very much about being viewed as “difficult”!

Also, Foxtons, a very well known chain. They should know better, even if they don't.

I can’t believe the people on here telling me to pipe down or my landlord won’t give me a good reference. So I’m just supposed to put up with criminal negligence, my family’s health and safety being compromised, and hope for better next time!

Yes. They’re letting agents, they’re not management agents for the property.

The landlord is the one with sole legal responsibility for the checks

Even if the LL was using them to manage the property then ultimate responsibility is still theirs and they’d have to have a specific contract stating it was down to the agent to dodge any fines. So whilst not using them for management it’s solely the LL’s responsibility

People are telling you to calm down and think of potential repercussions for you and your family for your sake.

Not because they think the Ll should get away with it.

Take a breath and read what people are saying without the assumption that they’re on the side of the agents or landlord…

It’s just a peculiar concern about my family’s future renting prospects but not about our future health (following exposure to harmful gas) or the danger we have been in - explosion at any time, as someone mentioned!

OP it is the legal section, you asked for legal input on laws and regulations and what you can do about this breach of providing the gas safe certificate for 5 years. Lots of people tried to help you in that regard and invested their time in their responses. If you want an AIBU response regarding your “feelings”, post on AIBU. There you will get lots of sympathy and lots of slum landlord type discourse.

“potential repercussions” for me and my family!? You mean not getting a reference from my landlord?

Thanks. I appreciate everyone’s input and the time taken. This is not about my “feelings” - not sure I have mentioned feelings other than anger (which is probably obvious without me mentioning it!) I posted on Legal as I was advised to move my post from my elsewhere

Getting blacklisted by LAs is more of a concern given how they’re not exactly known as an industry full of honourable folks

It happens disgustingly often and when you’re living in an area where there are more tenants than properties it can cause a nightmare for people.

Folks on here aren’t being dicks. They’re pointing out that some of the suggested actions could actually have repercussions for you, despite it not being your fault you’re in the position you’re in.

Because many of us have been through this over and over and know that any LL can rent a dangerous flat and get off Scott free.

So our overriding concern is your rehoming prospects, because there’s nothing that can be done regarding the gas safety breach, but everything can be done by a vindictive landlord to ensure your rental prospects are jeopardised.

As a pp said you can get carbon monoxide monitors from Amazon for fifteen pounds.

Of course this is not the way it should be. But it is what it is so folks are just trying to assist in whichever way they think best.

Yes, it is their responsibility, and they should provide them.
But if I were the OP and had moved into a house 5 years ago and there wasn’t one, I’d either be demanding it pronto, or spending the £15 myself to get one until the landlord sorted one out, not waiting til five years later in the hope I could use it as a point of negligence in a legal battle for compensation!
it’s an no-brainer, especially if you’re concerned about the health and safety of your family, as the OP has made clear she is!

@Babaretceleste I've not read every post but I've been a tenant and a landlord frequently over the last 18 years so read up a lot about rights and obligations on both sides. First things first, you're not going to find all the answers here. I'd contact shelter and look on their website for initial answers. You seem to think you'll be entitled to all your rent back but that's unlikely the case as others have said.

On the other hand I've never heard of any tenant blacklist as a landlord... landlords credit reference you and may ask for a reference from your previous landlord but if you have any other previous ones before them that should also be fine. I think it's ok to feel unhappy about unsafe conditions, but when it comes to compensation, if it's due Shelter would know. As many have said its more likely to landlord would have to pay a fine which doesn't go to you.

Tenants do have a responsibility to report issues as they go along just as the landlord is responsible for doing annual checks.

Nope - still applies in legal disputes today. That’s how case law works - still relevant until replaced.

I’m a LL who complies with all the requirements, and this really pisses me off as it gives all of us a bad name - I’d certainly look into the deposit situation and take him to the cleaners if he hasn’t bothered with that. And report the agent to their governing body perhaps if they are meant to be managing the property? Nothing surprises me about 🦊

Again OP, you can report them to the HSE and THEY will deal out the "repercussions" you want. You making "merry hell" is ridiculous, let the professional body manage this and if you are unhappy, move on. How many times must you be told you are NOT going to get compensation for this? You are not entitled to a refund on rent for this, you just aren't. You have no medical evidence that anyone has been harmed, you did not notice a smell of gas, a hissing sound (big give away) or extortionate bills which all would suggest a significant leak, otherwise you would have reported these issues yourself at the time. If you DID notice these but did not act on it, then the onus for that is on you. You need to calm down, report and get on with your life.