Yes as soon as I realised that the installation company had not done the Gas Safety Certificate as requested albeit by telephone, I arranged for it to be done immediately. This was in May 2015.
I now understand from research that I am required to keep certificates for 2 years, however I can prove that the system was safe before and after the 'missing' period and I can prove that the certificates before and after were given to the tenant upon moving in and within 28 days for this year's certificate.
Yes, I am trying to understand what the solicitor might be hoping to achieve.
I believe they 'can' report me to the Local Authority and/or the HSE. Can they gain anything from pursuing this missing Gas Safety Ceritificate? Compensation claim? Or just revenge for the eviction?
The other thought I had was whether this is part of a defence against Children's Services if they are looking to remove her children? Trying to deflect some of the claims of negligence on her part?
One final piece of advice please. Below is the email trail so far, to which I wish to respond as follows. Please could you let me know if this is a good idea or any additions / omissions you would suggest?
Response: I regret to say this but your clients housing situation in general is not a concern of mine and therefore will not be putting any of my time and effort into responding to matters that are not part of the S21 process for eviction.
With regards ***** ***** disrepair, I propose that the same Inventory Clerk who performed the Inventory make and Check In report attends the property to perform a Statement of Condition report. This way your client will have an independent 3rd party record and an independent opinion. The Clerk is a County Councillor and so is of a good reputation. His name is***** and his contact details are on the front page of your client's Inventory and Check In report which I spine bound together with the tenancy agreement and legal requirements such as Deposit Protection Certificate, Prescribed Information, Gas Safety Certificate etc. This will obviously be at your client's own expense.
I can confirm that the Deposit remains protected in accordance with current legislation, all legal requirements were strictly followed regarding Prescribed Information etc. and the Section 21 Notice was served correctly.
Neither of your requests are relevant to the S21 eviction process and would involve significant time on my behalf. Disrepair will be dealt with as per the final Check Out Report which will be conducted by Simon Bellord again and any deductions from the protected deposit will be in strict accordance with current guidelines and Scheme rules.
Email trail below
Me:To answer your letter dated 29th June 2015, I will respond as per your sections for simplicity.
Your client has been made fully aware of the outstanding amount by means of rent statements and this has also been provided to Housing Services, Children’s Services and her Guarantor. Attached for your reference is an up to date Rent Statement.
I would like to correct some misunderstandings you have.
Gas Safety Certificate
Section 21 eviction proceedings have been chosen.
Furthermore, you may be interested to learn that Children’s Services have an active interest in your client’s children and were highly concerned for their welfare and care. Especially when they learned of them being left alone at home and unsupervised as well as the disrepair and cleanliness that your client is allowing the property to come under.
Children’s Services were very concerned when they approached us for an up to date rent statement and found that your client was risking the roof over her children’s heads.
Housing Services are also fully aware of the current arrears and share their concerns with Children’s Services and we have made them both aware that this is an unsalvageable tenancy from our perspective and that eviction is necessary as your client has ignored the formal notices she was served.
Communication has become impossible to the point where your client even refuses to sign for Recorded Delivery letters.
I hope this clarifies our position and you can advise your client accordingly.
Solicitor: Before I arrange a second appointment with my client to discuss the points raised in your email I should be grateful if you would send to me the following documents and information:-
Details of when you visited the property and what disrepair you are referring to.
Me: Before I put any further time and effort into this, might I ask the purpose of your involvement and enquiries as nothing you mention is relevant to S21 eviction?
Solicitor: I am assisting and advising Ms Ray on her housing situation in general including the possession proceedings.
I await the information requested
End of email trail