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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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I have a very difficult in my 2 Bed property. He made a

Customer Question

I have a very difficult in my 2 Bed property.
He made a complaint to the Gas Safe who in turn capped of the gas (despite there being valid Gas safe certificates at the time). The Boiler was turned back on (turned off due to supposedly higher emissions at the time of inspection) a few hours later , but the Hob has not. The original Gas engineer (fully registered) who installed the hob maintains the Hob is safe and a decorative piece that was added after the Hob installation needed be cut out (it’s a plinth or border which was scorched) The tenant refused the Gas engineer to do this and then threatened violence ( I have his report). Consequently the tenant doe snot have a gas hob and now is making ridiculous claims I am harassing him (?)Are there grounds for a section 8 based on 1 or more of the below taking to account the cumulative things that have been happening:1. He threatened me (police complaint made and witness was present - a different gas safe engineer)
2. He threatened the gas engineer (statement of gas engineer report)
3. He appears to be wilfully damaging the property (statement of the gas engineer)4. He Has denied access to viewers for a potential sale of the property (we wish to sell - for 5 months not a single viewing)5. A section 21 has been served . The deposit was protected (late and before the section 21) - but has now been returned.
6. Currently he has no Hob and the gas safe engineer who wanted to carry out the work cannot do so
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. It is highly likely that if you seek possession under section 8 that the tenant will be able to muddy the water with counter allegations about the gas safety. This will lead to delay and expense. Has the fixed term of the tenancy expired yet?
Customer: replied 2 years ago.
yes . it has - on the 17th February 2016 (yesterday) I have applied (will be applying for a possession order)
Am I liable for not putting his gas hob back on based on what I have said ?
Customer: replied 2 years ago.
hi can you answer my question ? will I be liable if the hob isn't turned on ? He doesn't want to listen to the gas engineer
Expert:  LondonlawyerJ replied 2 years ago.
Lack of a gas hob is not harassment. There is no implied term in a tenancy that the hob will always work. You should look at your tenancy agreement to see if there is any term dealing with keeping appliances in working order. But basically based on what you have said I don't think you are liable. However it is not clear to me why the gas safe engineer capped off the supply.
Customer: replied 2 years ago.
the tenant scorched the wood and called gas safe. The hob was fitted according to gas safe standards (I have the gas safe certificate). The tenant called gas safe to make a complaint (vexatious). Gas safe felt they had to do something
and over reacted. The same gas safe engineer who fitted the hob came back and said there was no issue . The tenant threatened and intimidated the gas engineer who consequently left the hob unconnected and left. The tenant threatened me of harassment saying I didn't connect the hob......
Expert:  LondonlawyerJ replied 2 years ago.
In that case you are not liable for anything.
Expert:  LondonlawyerJ replied 2 years ago.