Can I Sue My Landlord for No Gas Safety Check?
As a tenant, you are entitled to some basic rights. Laws are put into place to protect your safety and health. It is your landlord's responsibility to make sure they abide by these laws. Not only is it good practice to keep their tenants and property safe, but it keeps them out of legal trouble as well. One of your landlord's responsibilities is to ensure the safety of gas service. If you find yourself wondering, "" then DoNotPay wants to make sure you understand your rights.
What Is the Gas Safety Law?
The Gas Safety Installation and Use) Regulations of 1998 outline your landlord's responsibilities to . This includes the gas appliances, fittings and flues that you use privately and those in communal areas that you or other tenants can use.
An overview of the regulations provides that your landlord must:
- Ensure that an annual gas safety check is performed within 12 months of a new appliance or flue being installed.
- Ensure there is a gas safety check annually.
- Hire a Gas Safe Registered engineer to perform the safety check.
- Keep a record of the gas safety check for at least two (2) years.
- Issue a copy of the gas safety check to existing tenants within 28 days.
- Issue a copy of the gas safety check to new tenants before they move in.
What to Do if Your Landlord Doesn’t Have a Gas Safety Check Performed?
If you believe your landlord has shirked their legal responsibility to have a gas safety check performed, there are a few steps you should take.
Notify the Landlord
Kindly notify the landlord that you do not have an updated copy of the gas safety check. Do so in writing so that you have a record.
Keep copies of all correspondence with your landlord. Letters, text messages, emails or other exchanges. Make copies of your most recent gas safety check record. If there are issues with the appliances, flue, or fittings, take photos/videos and document the problems. If you have been ill, keep notes and medical records.
Consider Making Repairs
If you feel forced to make repairs due to safety, illness, or otherwise, keep all receipts and document the process.
If there is a gas leak or associated problems that make the house unsafe, you can make a report to the Environmental Health Department.
Tips on Asking Your Landlord for Gas Safety Checks
Before you go about suing your landlord, first apply these tips before you escalate:
|Be specific about the problem||Your landlord is more likely to take you seriously if you can articulate the problem. Include as many details as possible, such as how you’re worried for your safety and how long it has been unchecked.|
|Put it in writing||It can be helpful to put your request in writing, either via email or snail mail. This way, you have a paper trail of your communications with your landlord.|
|Be polite||Even if you're frustrated, it's important to remain polite when dealing with your landlord. Remember, they have the power to evict you if they so choose. So try to keep the anger out of your voice and avoid making demands.|
|Give them a reasonable timeframe||Allow time for your landlord to organise things. It might take preparation to check your gas. Your landlord might need to find a professional and first look for finances.|
Can I Sue My Landlord for No Gas Safety Check?
Recent changes to laws have made it easier for tenants to secure their fundamental housing rights or to sue their landlord if necessary. You can potentially if they fail to make essential repairs or maintenance, and it affects the home's fitness for human habitation. Suing a landlord often comes down to finding the right advice, and you should be prepared to pay for services upfront.
However, some landlords may just need a nudge in the right direction to do the right thing. If you want your landlord to perform a gas safety check with little or no hassle, let DoNotPay step in first and save you stress.
DoNotPay Will Contact Your Landlord About Your Gas Safety Check
A safe home is essential, and a gas safety check ensures your safety. If your landlord is stalling or you're worried about paying for extensive legal fees or going to court, DoNotPay can help. We are prepared to help you file a demand letter and solve the problem as quickly and efficiently as possible.
If you need assistance dealing with your landlord but don't know where to start, DoNotPay has you covered in 4 easy steps:
- Search for and open the Landlord Protection product on DoNotPay.
- Select which issue applies to you.
- Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
- Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.
And that's it! You should hear back from your landlord directly once your demands are sent.
More Rental Assistance
DoNotPay is prepared to help you with a variety of other concerns and issues, including:
- How much notice does a landlord have to give a tenant to move out?
- What are your rights as a tenant?
- How much can a landlord raise your rent in a year?
- Tenant Notice to end a tenancy
- How to get a security deposit back from your landlord
- Learn how to evict a roommate legally
- What to do if your landlord is threatening to evict you
- Template letters for tenants
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