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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14816
Experience:  I have been practising for 30 years.
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C, North wales, We asked several times for gas safety

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C
JA: Where is this? It matters because laws vary by location.
Customer: North wales
JA: What steps have been taken so far?
Customer: We asked several times for gas safety certificate but no results. Every time when had an issue with no hot water and heating we reported it. We lost heating and hot water for 3 months at the beginning of 2019. Reminded during summer to fix problem before winter, been told it was in hands lost heating and hot water week before xmas for a month. Contacted local authorities about gas saftey issue. Sent letter with proposal of termination .
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, we share site with her holiday houses. It's all joned together so we pay for electricity and she pay for gas. Now she leased holiday rooms to third party without even informing us.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

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Thank you!

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

who is she?

what is the type of accomodation you are living in?

what do you mean 'share with holiday houses'?

Customer: replied 17 days ago.
This is commercial property, we do not live in there, we are leasing it for restaurant.
She owes all site. Small hotel, our building/bar &restaurant/ and two holiday houses. She leased hotel out to somone else now, so the are 3 business on site now.
What do you mean who is she?

If this is a commercial property, it depends on the terms of the lease as to whether the landlord is obliged to provide the gas safety certificate or whether the tenant has to do it.

If there is no mention that it’s the landlord’s responsibility, then it’s the tenants. It is more likely to be the tenant’s responsibility than the landlords but without seeing the lease, it’s impossible to say.

Customer: replied 16 days ago.
As far as I'm aware to lease or rent property to anyone landlords need to have gas safety certificate in first place otherwise it is a criminal offence and then has to do annual checks. Fair play if she would of told us she have not had one but she basically hidden this from us until now when we are asking for certificate. She was trading before we took place on and it just turned now that she hasn't got this and never had. On top of that she lied to us weeks ago when she said she had gas safety check done 8 months but she never had.
Customer: replied 16 days ago.
I understand that it would be our responsibility to comply with gas safety regulation as ongoing thing but her responsibility was to do it before she leased the place out to somone else as a landlord and owner of the building....am I not right?
Customer: replied 16 days ago.
Regards to the lease....in our responsibility part says ... we responsible for keeping bar and restaurant in fair conditions... nothing else.
Customer: replied 16 days ago.
When we contacted local authorities in this matter they confronted her and gave her two weeks to issue them with certificate. We had people round to do gas safety checks few days ago and were not happy with kitchen equipment and they said until she solve problems they wont be able to give her certificate. So clearly Health & Safety executives know that it's in her responsibility to do it.
Customer: replied 16 days ago.
Regards to Safety Certificates says exactly this....
To keep the Fictures Fittings and Equipment in good repair and to replace, at his own expense, with items at equivalent standard and description any items which are lost or damaged, however caused and to obtain Safety Certificates in relation to any such items where appropriate and as previously obtained by the Landlord ...
So it clearly says we have responsibility to obtain existing certificates like I said .... but the whole problem is in that she never had one and she never told us, she lied that she had one done 8 months ago. Is this not enough for us to leave...safety of every single person who enter this building?

The landlord actually doesn’t have to tell you anything unless you make the specific enquiry.

It is a criminal offence not to have a Gas Safety Certificate.

Here is one website http://www.airintelligence.co.uk/commercial-gas-safety-certificates-one/

 

From which you will see it says:

 

Your lease or a separate contractual agreement can help to set out practical arrangements for ensuring gas safety requirements are met. However, the ultimate legal responsibility remains with the occupier of the workplace concerned.

The owner, or other person in control of the building, may also have duties under the Health and Safety at Work Act 1974 – such as ensuring heating equipment in common parts is maintained safely. The lease or separate contractual agreement can be used to determine how these responsibilities are allocated.

Which confirms what I said.

 

 

If there is no provision in the lease then as it says, it is the occupiers liability which is yours. To be honest, for the cost of getting the certificate, it pales into insignificance compared to the cost of actually going to court to get the landlord to provide one.

 

I don’t know why the local authority have got involved with the landlord.

 

In the final paragraph you explain the liability but don’t actually say who’s liability that is. I get the impression that it’s the landlord who has those obligations in which case that would explain why the local authority are pressing the landlord.

 

I don’t the whether you want to use this as a lever to leave or not but because of the cost of getting the certificate compared to the cost of leaving the property, it’s unlikely that it would enable you to do so although you could always try it and see whether the landlord decides to take issue with it.

Customer: replied 15 days ago.
Hi, the liability I mentioned is in our obligation....we do understand that is our ongoing responsibility but she never done it in first place so how can we carry on with gas safety check, she sent gas inspection ppl the other day and they cannot issue her with certificate beacuse kitchen is not safe to operate and it wasnt from day we have taken place on but because she was trading then we thought all is in place until now. I never mentioned taking anyone to court I just want her to fulfil her duty as a landlord in first place and then we can carry on with rest. We probably gonna ahve to shut the kitchen dow in few days and consider we are restaurant how do we pay for bills and rent?

It is highly likely that you are responsible for the landlord’s fixtures and fittings which would include the kitchen. If it wasn’t safe to operate on day one, then depending on the terms of the lease, it could well be your liability.

 

If you had solicitors look at the lease and make the usual enquiries before you entered into the lease, the solicitor would have made all the usual enquiries including asking for confirmation that everything was in good order and asking for the relevant certificates including the Gas Safety Certificate so at least you would be starting from a compliant and safe base.

 

If you simply signed the lease, without making any of those enquiries, then you could well have taken on a poison chalice.

 

I would need to see the lease in full, to advise further.

I’m sorry to say, it’s one of the perils that you face if you enter into a lease without taking advice on it and without carrying out the necessary enquiries.

 

I am glad to help. Please don’t forget to use the rating service because it means that can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

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Kind regards

F E Smith, Advocate
Category: Law
Satisfied Customers: 14816
Experience: I have been practising for 30 years.
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