Thanks P4ault - it's appreciated. Definitely a no go for the vent as they are refusing due to contractors report of "safe to use" despite NCS Vents and NSC Flue.
right, this is the way to go with it:
1 phone the letting agent and inform them you are contacting HSE via Gas Safe to reprt them for putting you and the baby at risk bt knowingly putting you at risk by putting you in a house with an AR siutation (THIS IS NOT TO BE DEBATED AND IS FACT, WHICH YOU CAN AND WILL PROVE NO PROBLEM), it isnt your fault the letting agent uses an incompetant as a subbie, also at this point advise him he is in direct violation of the Tenancy Act Scotland by not taking all reasonable steps to minimise risk to you, (when the problem was first advised to him he has a "resonable time" to effect repairs, he is way past that
2 contact the gas contractor and ask for an email address of the MD or most senior person, tell them you MUST get an email address as you intend to use the emails in the upcoming court case that you are about to instigate against the letting agent and the contractor,
communicate with ONLY the most senior person and ONLY by email, (they hate this and will be sweating by now!!!!)
once you email the big boss tell him/her in no uncertain terms that your lawyer has indicated that the contractors actions have contravened the 1998 GSI&U Regulations as they have been incompetant by improperly classifying NCS faults as defined in the IUP (Industry Unsafe Procedures) and as such have failed in their mandatory obligation to protect you. tell them as a Gas Safe Registered firm they have left themselves wide open to action by Gas Safe Inspector and to a lot of grief, and IF they would like to reinspect and classify as AR immediately which will push the letting agent to act as they must do then you may consider holding the lawyer back (although your lawyer has advised you that you have a very strong case for suing them) and to aveliate the stress and discomfort to you and the baby (and to ensure there is no lawyers letter at all meaning no claim) that in the position of most senior person of the company you are sure they have the authority to instruct an engineer to fire along to your property and fit a stadium black hole vent of a suitable size, and to do a spillage test on your appliance for a total cost of about £60 odd quid to the firm, then to get reimbursed by the landlord if they can, that you are sure they will agree £60 will be way less than a few rounds of lawyers letters and deffo way short of the manpower they will have to spend placating Gas Safe and again way less than the cost of ensuring their engineers actually know what they are doing (although they should consider doing this anyway)
right im not reading all that back cause i was on a mission there, but if you get the jist of it get into them, if not PM me and i will discuss it in detail, go down this route, be bold, dont waver and they will bottle it and someone will be round to sort it, its a no-brainer for them as the other costs will run into many £100's,
PS then tell the contactors boss you know a guy who will sort them out with some cheap refresher training for their guys as an inhouse project to ensure they dont get him in this position again ;-)