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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My stepson signed a six month AST from the internet. The landlords

Resolved Question:

My stepson signed a six month AST from the internet. The landlords told him it was my stepson's responsibility to maintain the building services at no cost to the landlord. The landlord did not provide any tenancy paperwork and we now know he does not have the following
A gas safety certificate. (the gas boiler was condemned within a month and the landlord told my stepson it was his responsibility to get an engineer to fix it which he did).
No records of annual service checks on the gas appliances
No Electrical PAT report on the electrical appliances in the house
No fire Risk Assessment
No charged batteries in the fire detectors
No Carbon Monoxide detector
No Energy Performance Certificate
No Prescribed information for tenants
No Legionella Assessment
A toilet cistern overflowed when my stepson was abroad on honeymoon and the landlords messaged him on Facebook to tell him to get a plumber to fix it. On return from honeymoon one of the landlords confronted my stepson and when he complained about the ongoing problems and the landlords gave him notice to leave. My stepson and wife were so traumatised they left with two months still on the tenancy. Now the landlords are threatening legal action to recover the rent. What are the chances of the landlords being successful taking into consideration their failings of the tenancy laws and who can we report them for renting a house in a dangerous condition which could have ended in carbon monoxide poisoning. We have no funds to defend a legal case.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it they want to achieve please?
Customer: replied 1 year ago.
1. Local authorities to investigate the failings of the landlords and if found to be illegal prosecute
2. Discourage the landlords from trying to claim the final two months rent now that my stepson has left the property due to the intimidation inflicted
Customer: replied 1 year ago.
We have produced a report with documentary evidence including the gas engineer condemn report of the central heating system. The landlords rented a house with a dangerous system that could have killed the occupants
Expert:  Ash replied 1 year ago.
1. You can't make a Local Authority investigate and prosecute. You an simply notify them (and the HSE) to the state of the property and ask them to investigate. In fact I have spoken to someone today whop has been prosecuted by the HSE for not having a Gas Safety Certificate.
However a tenant is NOT responsible for this or to maintain building services, that is the Landlord.
2. You can tell the Landlord he is in breach of contract and if your stepson is pursued you will issue a sizeable counterclaim for breach of contract.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
OK thank you. We have given the report to the district council but they do not seem keen to get involved which is frustrating. I will now report the matter to the HSE.