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Lawry
Lawry, Solicitor
Category: Law
Satisfied Customers: 260
Experience:  Expert
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I have been renting a property for 7 years and durring the

Customer Question

i have been renting a property for 7 years and durring the last 4 years the landlord has refused to complete a gas safety . Am i able to claim back rent for this period and am i able to take her to court.
JA: Where are you? It matters because laws vary by location.
Customer: in south Wales
JA: What steps have you taken so far?
Customer: I have reported her to rent smart Wales as i am frightened that she will let the property to a family next and someone might die
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: she has illegally tried to evict me, i am in the process of leaving as her harassment has made me ill
Submitted: 15 days ago.
Category: Law
Expert:  Lawry replied 15 days ago.

Hi,

My name is ***** ***** I will try and help you today.

I am sorry you are experiencing these problems with your landlord.

Unfortunately, you cannot claim a rent rebate for this.

However, she has a duty to provide a gas safety certificate after having arranged an inspection by an engineer.

If the record shows there are problems that affect gas safety, the landlord must get the problems repaired.

Your landlord must give you a copy of the latest gas safety record both:

  • before you move in

  • within 28 days of each yearly gas safety check

Your landlord must give you a copy of the latest gas safety record before they can give you a valid section 21 eviction notice if your assured shorthold tenancy was renewed on or after 1 October 2015.

You can complain to the Health and Safety Executive (HSE) if your landlord won't carry out gas safety checks.

The HSE can prosecute landlords who don't meet their gas safety responsibilities. However they are unlikely to be able to deal with every complaint they receive.

Another option is to complain to the council's environmental health department.

The council can take action against your landlord if gas safety problems mean your home is unsafe.
if the property is deemed a health hazard you could sue the landlord for damages in the county court.

You would of course need to prove this.

I note you have decided to leave the property but once you are safely in a new premises you could make a claim for stress and failure of the duty or repair both under the terms of the tenancy and pursuant to section 11 of the Landlord & Tenant Act 1985.

Quantifying damage may be a problem and it may be wise to instruct a solicitor to help.

If you contact the Law Society on 0207(###) ###-####they can recommend local firms who can assist.