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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello. My mother had just moved into a rented property, and

Resolved Question:

Hello.
My mother had just moved into a rented property, and has found the boiler giving out carbon monoxide, due to which she suffered carbon monoxide poisoning. Luckily she survived, but cannot use her boiler at all. What would her rights be regarding this?
Many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Does the Landlord have a gas safety certificate?

Alex Watts :

What does she want to achieve? Move out or get it fixed please?

Customer:

Hello alex.

Customer:

Unsure about the gas safety certificate, I'm going to contact the letting agency in the morning and ask. Though to be honest I seem to doubt it, the boiler itself after having a look seems about 25 years old.

Customer:

And she would like to get it fixed.

Alex Watts :

You need to ask about the safety certificate.

Alex Watts :

She needs to ask the Landlord to repair it within 48 hours

Alex Watts :

In the meantime she should get a number of quotes to have it ddone

Alex Watts :

done

Alex Watts :

If the Landlord does NOT repair it within 48 hours then she should get this done and this forms her loss

Alex Watts :

You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf


The Court will then issue the claim which will be sent to the seller and they will have a limited time to defend it, if not you can enter Judgment and enforce it.

Alex Watts :

If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Alex Watts :

But it is a legal requirement to have a gas safety certificate.

Alex Watts :

If there is not one (which must be done annually) she should contact the Council as they can prosecute the landlord.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No that's brilliant thank you.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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