Tenant preventing access to flat?

I should give him a section 21 or you’ll never get rid of him!

I think Susan's response above is probably over the top as an immediate response and such a response adds to the reasons section 21 going to be banned.

Section 21 is useful but should be used with discretion.

Personally I would first of all check the contract - and remind myself what contractual rights are in the contract for such access.by the landlord

I would also let him that the whole system need to be checked at a time convenient to all tenants and his effective two hours a week access window is unrealistic for the work to done . If you use a fire protection company you can point out the maintenance work needs to be within working hours allowing the company to complete their job and get to base within their working day..

You can point out to him that while he can legally refuse you access to the flat for this maintenance - but if he is obstructive in this matter he will be in breach of contract and will put his tenancy at risk. He may also find he forfeits his own rights to hold you to account for failings in maintenance and safety matters - and may even become liable himself for costs if he puts other tenants at risk by his refusal to allow safety work .

I would suggest research and convers as suggested by Mark but also serve a section 21 as suggested by Susan asap. A section 21 can always be withdrawn! You may find a general statement in the AST regarding you visiting rights etc. But the tenant is also governed by law that may not be written in the AST specifically, where you have permitted access (by the tenant with 24 hours, that should not be reasonably denied) into the property to conduct essential routine safety checks and maintenance. I would not tolerate obstructive behaviours when conducting my legal obligations.

Point out to tenant that he is in breach of the lease to the property and also the tenancy agreement. That continued breaches of same and also fire safety regulations will result in a breach of tenancy which will result in the service of a Section 21 notice for possession.

Remember you cannot gain express access except by court order. And trying to charge him for visits by the engineer is against the Tenant Fee Act ( prohibited payment) and can result in a £5,000 fine first offence, £30,000 second offence. It can also prevent the service of a valid Section 21 Notice.

If you are not sure of how to proceed get legal advice.

You can outline this is a statutory inspection and try accommodate his flat a little (to get the job done). Outline that if he is refusing access he is accepting liability for the safety of the whole building. Keep a record of his correspondence.
Long term, as Susan put it i would look to move him on with s21. You're running a good prospect, you don't need to have these extra problems.

Eviction notice simple either s21 or s 8 inform him his position is endangering the lives of himself and other tenants in the building and you will take this action with reasonable cost charged to him . To be honest its obvious that any working relationship has broken down since the rent rise get rid of him.

Reply to the comment left by Mark Smith at 15/07/2024 - 11:38
What do you do if you have given 24 hours notice to carry out essential work, which is in the contract and still refuses ,l suggest you do what Susan said and serve eviction notice not a no fault l would serve a section 8 and let them know the severity of this notice has it allows the council to wash their hands of any duty of care to him has it is deemed he has made himself homeless by his actions .

You are potentially exposing yourself to criminal sanctions. This is the same s21. It's only going to get worse once they start being awkward. There's no need to withdraw a s21. You just don't issue proceedings. They need to understand the rules of the tenant/landlord relationship

Get the engineer to test the alarm in the flat below or above and when it goes off knock on his door to say its showing a fault and you need to check if there is something in his flat that might also cause the same issue. This would surely deem the situation as an emergency and you were just carrying out your legal duty???

As a gas engineer I had legal rights to gain entry to any property. If there is gas on the property your friendly gas engineer can gain entry to check for leaks. Just go with him .