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Section 8 with wrong TA, no deposit scheme, no gas checks

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423 views 1 replies latest reply: 11 December 2014


Hi, I could really do with some guidance. I am helping a friend who is struggling to deal with being served section 8 notice, while her partner has basically abandoned her returning home abroad with their shared tenancy now 4 months in arrears. There is a 3rd tenant on the tenancy agreement who is also still in possession with her.

While helping to complete the Reply to Claim online, I’ve noticed that there are two tenancy agreements; the second was drawn up to include this 3rd tenant a small increase in the rent, signed by him, the couple and the letting agency.  They paid £300 for this. However, the claim only mentions the first of the two tenancy agreements; the couple before the 3rd tenant was added, signed by them and the landlord. So pretty much everything about the claim is wrong, they even list the payments made incorrectly to match the earlier, slightly lower rent.  Presumably this alone is going to mean the case is not going to go well for the landlord in the hearing in a few weeks.

Also in their favour is that they have received no deposit protection scheme paperwork or notification.  Their deposit was a throat clearing £2,600.

Also he has failed to organise a single gas inspection despite the boiler having been installed at the same time they moved in. He never had anyone come and check it since June 2012, the start of their tenancy. In fact the boiler malfunctioned and they were without hot water for a month. They had the manufacturers send someone to inspect it and he failed it because the flue was inaccessible. They phoned the letting agency who didn’t follow it up.

I think they have every reason to expect the hearing to be supportive to them rather than him, I suggested a counter claim for the same amount as his claim based on a failure of a duty of care. Although they never reported any problems, apart the boiler inspection failure, this worked in the landlord’s favour. I think he’s been negligent. I want to complete the reply to claim as it is already later than the 14 days, but does it really matter? How do they proceed?

Many thanks for taking the time with any reply comments, any guidance would be gratefully received.


Wow this is a terrible landlord.  Unfortunately we are not lawyers so I don’t think we can advise you on the claim process specifics. Off hand, perhaps breach of contract might be better than negligence, which may be more complex to prove – the requirement to get a gas safety check once a year is usually in the landlord’s oblgiations in the tenancy agreement so that’s a clear breach. But you’d need to speak to someone with landlord and tenant legal experience – try the Citizens Advice Bureau?

Also, some interesting information to back up your friend’s position:

– a landlord was recently fined £60,000 for not arranging a gas safety inspection on a home after the certificate expired in October 2012. Reported by the Health and Safety Executive here

– not protecting the deposit: landlord can be ordered to pay tenant up to 3 x the deposit amount in compensation if it hasn’t been protected (it should be protected within a month of moving in and the tenant notified of the scheme used). Details here and here.

From these two glaring errors the landlord could already be potentially paying out tens of thousands of pounds for their stupidity.  Does that help?  If not let us know and we’ll see what else we can do.


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