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my name is ***** ***** I will help you with this.
please let me know whether anything is in writing or email about the tenant carrying out these checks?
has the tenant ever said that he is withholding payment because you failed to carry out the gas check?
Yes we have SMS messages confirming the tenant has been carrying out the checks, let me show you some screenshots
so theres 2 confirmations from the tenant
the first one cofirms we had an agreement in place the tenant would carry out the checks
the 2nd one confirms he has 2 bills annual checks
In short the tenant can't use this.
The tenant made representations that they would carry out checks, they have failed to do this.
They also cant use this as a reason not to pay rent since July 2014 and arrears of £6125
also this email
So based on what you have said, you will be able to get possession on the basis arrears alone
shows they did one just before xmas
So this is evidence which you can use.
Represenatations were made and you relied on them.
Make sure you print this out to show the Judge at any hearing
how should the evidence be prepared so there is no ambiguity in court
Just in the form of a witness statement and exhibit the text messages
Does that help?
fantastic, yes it does there is one more issue, which you might be able to help with quickly.
The tenant has sued us protection of the deposit (£1000 deposit) + (£3000 penalty)
Ok. Have you protected it?
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.
no we didnt proptect it and now the judge has ordered us to pay £4000
which we are doing.
I think there are another 5 tenancy agreements
Well were returning the deposit back to him
as ordered by the judge, so theres nothing to protect
The reason im getting a 2nd opinion is becasue i havebeen told this by another solicitor
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.
they are saying it wont form a defence based on the SMS messages
yes it does thanks, ***** ***** I need anything more I will put in another question. YOu have been more than helpful.