My mate was renting rooms in his house to lodgers, they have all moved out now, but one ex lodger is asking to see a copy of the gas cert for the period he lived there. LL has realised he didn't have gas cert (he claims he didn't know he had to). Is he in trouble?
not sure what the sanction is. But he ought to have had a cert.
http://www.landlordzone.co.uk/lodgers_rent-a-room.htm
EDIT
Sanction = criminal prosecution, fines and time with Brenda.
http://www.swiftheat.co.uk/landlord_commercial.htm
I know he should have had, but I would like to know what the sanction is, considering now that he is a) no longer renting rooms b) has a current cert and c) no one was hurt...
edit: stoner that link applies to commercial landlords.
Why would he suddenly be being asked for it? Seems an odd thing to request out of the blue.
I think he needs one, could be doing time soon
http://www.legislation.gov.uk/uksi/1998/2451/contents/made
Does he need one if they're just lodgers as opposed to tennants?
How long ago was it, could he reasnobly have 'lost' it?
The Gas Safety (Installation and Use) Regulations 1998 s 36 (3) c
(c)ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years from the date of that check, which record shall include the following information—
suggests that there's expectation of a run off liability.
interestingly the later section implies that the request may only be made by a sitting tenant...
(5) The record referred to in paragraph (3)(c) above, or a copy thereof, shall be made available upon request and upon reasonable notice for the inspection of any person in lawful occupation of relevant premises who may be affected by the use or operation of any appliance to which the record relates.
Why would he suddenly be being asked for it? Seems an odd thing to request out of the blue.
Because LL wants to keep some deposit and ex tenant is looking for and has found leverage..
With the greatest of respect to stoner and djglover, I appreciate your love and care in responding but I can use google too, I was wondering if anyone has any experience of these things.. 😀
edit: stoner that link applies to commercial landlords.
Is there such a thing as an "uncommercial" landlord?
Lost or not, I don't see anything on the site Stoner posted to suggest that you're required to keep old statements.
EDIT: aside from in his next post that appeared whilst I was typing. If anyone wants me, I'll be back under my rock.
Get your friend to tell the ex-lodger that, as he's no longer letting rooms, he didn't need them so they were destroyed.
What does the ex-lodger want to know for? Seems a bit odd unless your mate is holding back the deposit.
EDIT: must learn to type with more than one digit.
toys - since a lodger then is not a lessor, he may be alright.
with my tenant sometimes I feel like a very "uncommercial landlord" 🙂
Stoner - exactly my point, I know all this, I was wondering what the practical application of the law would be in this situation. I think there is no problem as the LL has sorted it and is no longer renting anyway but I wondered if anyone actually knew .. Paging steve austin..
Yeah commercial is letting to other businesses, (offices wharehouses etc) domestic is letting to residential (houses flats etc) although there is some crossover in this case its defo residential.
stoner your 2nd link refers to Commercial landlords/property?
EDIT: D'Oh!
I'm fairly sure he does need one even with lodgers. (I know I would, I have them tested at home, no one wants to die from CO)
The distinction isnt commercial/residential or commercial/non-business.
The qualification appears to come under the "lease" classification.
http://www.hse.gov.uk/gas/landlords/safetycheckswho.htm
HSE seems pretty blunt about it:
I have a lodger who pays me rent
You are classed as a landlord, so you need to arrange an annual gas safety check
If he now has one surely he can just say he through the old one out when it expired and was replaced with the current one.
Not sure what right the EX-tennat has to ask to see paperwork anyways if he is no longer living there
I'd be telling the ex-tenant that if he wasn't interested enough to look in the folder hanging next to the boiler when they were there then they've missed their chance. That and getting a new one sharpish. Legal requirement is to keep them for two years, but no responsibility to show to previous tenant, unless they are in a dispute/court case where it might be relevant.