How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

We are pushing forward with a repossession order following

Resolved Question:

We are pushing forward with a repossession order following a Section 8 Notice. The tenant has been there years and we have only conducted 2 Gas Safety certifications of the property in that time. This was because the tenant confirmed to us (by SMS) they would carry out the checks and send us the bills and certificates. None of these items have been provided to us in 9 years. The tenant is now claiming that we failed to carry out the Gas Safety and Electrical safety checks and will bring these matters up in court at the hearing. We do have 2 gas safety certificates from checks with did earlier in the tenancy however it was later agreed as mentioned above that the tenant would carry out the checks and bill us receipts. The question I have to ask is, will the gas safety checks and electrical safety checks stop us from retaining possession of our property. The tenant is also £6125 in arrears and has not paid rent since July 2104.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

please let me know whether anything is in writing or email about the tenant carrying out these checks?

Alex Watts :

has the tenant ever said that he is withholding payment because you failed to carry out the gas check?

Customer:

Alex

Customer:

Yes we have SMS messages confirming the tenant has been carrying out the checks, let me show you some screenshots

Customer:

http://prntscr.com/5xn92k

Customer:

http://prntscr.com/5xn9a6

Customer:

so theres 2 confirmations from the tenant

Customer:

the first one cofirms we had an agreement in place the tenant would carry out the checks

Customer:

the 2nd one confirms he has 2 bills annual checks

Alex Watts :

Ok good.

Alex Watts :

In short the tenant can't use this.

Alex Watts :

The tenant made representations that they would carry out checks, they have failed to do this.

Alex Watts :

They also cant use this as a reason not to pay rent since July 2014 and arrears of £6125

Customer:

also this email

Customer:

http://prntscr.com/5xn9pc

Alex Watts :

So based on what you have said, you will be able to get possession on the basis arrears alone

Customer:

shows they did one just before xmas

Alex Watts :

Ah ok.

Alex Watts :

So this is evidence which you can use.

Alex Watts :

Represenatations were made and you relied on them.

Alex Watts :

Make sure you print this out to show the Judge at any hearing

Customer:

how should the evidence be prepared so there is no ambiguity in court

Alex Watts :

Just in the form of a witness statement and exhibit the text messages

Alex Watts :

Does that help?

Customer:

fantastic, yes it does there is one more issue, which you might be able to help with quickly.

Alex Watts :

Of course.

Customer:

The tenant has sued us protection of the deposit (£1000 deposit) + (£3000 penalty)

Alex Watts :

Ok. Have you protected it?

Customer:

we didnt contest this as we knew we would lose, we knew we were in the wrong, however we are being told now they can actually go back and sue us the years or tenancty agreements we put in place and sue us for £4000 per agreement.

Customer:

no we didnt proptect it and now the judge has ordered us to pay £4000

Customer:

which we are doing.

Customer:

I think there are another 5 tenancy agreements

Alex Watts : Yes. That is right and in fact now you can't even issue a notice to quit without protecting the deposit
Alex Watts : does that clarify ?
Customer:

Well were returning the deposit back to him

Customer:

as ordered by the judge, so theres nothing to protect

Alex Watts : Ok. That's fine then
Alex Watts : you can continue to get a possession order
Customer:

The reason im getting a 2nd opinion is becasue i havebeen told this by another solicitor

Customer:

he failure to comply with gas safety regulations is a very serious offence. You will need to be clear as to which year you failed to adhere to your responsibility and which years you allowed the tenant to carry out this responsibility on your behalf, although this will not amount to any form of defence.

Customer:

they are saying it wont form a defence based on the SMS messages

Alex Watts : But that's not a ground under the housing act not to give possession
Alex Watts : The court will give possession
Customer:

Ok cool

Alex Watts : Does that help?
Alex Watts : can I clairfy anything else ?
Customer:

yes it does thanks, ***** ***** I need anything more I will put in another question. YOu have been more than helpful.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice