Tenant preventing access to flat?

Tenant preventing access to flat?

9:10 AM, 15th July 2024, About 4 months ago 16

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Hi, one of my tenants is refusing me access to his flat to carry out the mid-year fire alarm system/equipment checks. There are four self contained-flats in the building.

The tenant was cooperative until I increased his rent earlier this year.

Since then he has been notoriously difficult. The way he writes his email are very disrespectful and he expects any maintenance to be carried out after 3pm Thursday or Friday.

The tenant is retired and was given 3 weeks notice for the access.

Can Property118 readers please advise? If the engineers need to return to the property, can I pass on the extra fees to him?

Thanks,

Ceri


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Rob Crawford

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10:34 AM, 16th July 2024, About 4 months ago

Reply to the comment left by Peter Collard at 15/07/2024 - 21:33
Really, where are those legal access rights stated in law?

Peter Collard

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10:46 AM, 16th July 2024, About 4 months ago

The Gas Safety (Rights of Entry) Regulations 1996

Rob Crawford

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18:54 PM, 16th July 2024, About 4 months ago

Reply to the comment left by Peter Collard at 16/07/2024 - 10:46
Yes, except what you implied is not supported in that regulation. Firstly you need to be directed by a recognised authority and secondly you need evidence of a gas escape / misuse. You can't just enter. So not good advice to readers or the thread originator who hasn't even suggested they have gas! If you were correct landlords wouldn't have issues getting entry for gas safe checks, a regular feature on the site.

Peter Collard

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20:10 PM, 16th July 2024, About 4 months ago

When I did my gas training many years ago I was told to contact the supplier who would cut them off if they couldn't gain entry. The threat was enough to be allowed entry in the three cases I needed it.

Lina Borzenkova

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12:07 PM, 17th July 2024, About 4 months ago

Most jurisdictions grant landlords the right to access their property for necessary maintenance and inspections, provided they give proper notice. The standard notice period varies but is often 24 to 48 hours.Tenants are generally required to allow access for necessary maintenance and safety checks. Refusing access can be a breach of the lease agreement.
You can start with:
1. Keep records of all communications with the tenant, including notices given and responses received. Document the notice you provided for the fire alarm check.
2. Reply to the tenant’s emails professionally, reiterating the importance of the fire alarm system checks for safety and compliance reasons. Emphasize the need for cooperation.
3. While the tenant's suggested times may not be convenient, consider accommodating them if feasible. If the engineers can work within the requested time frame, it might resolve the issue amicably.
If the tenant continues to refuse access without a valid reason, you may need to consider legal action. This could involve sending a formal letter outlining the legal obligations and potential consequences of refusing access and seeking an injunction or court order to gain access if necessary.
If the tenant's refusal to provide access results in additional costs (such as extra fees for the engineers returning), you might be able to pass these costs on to the tenant. However, this depends on the terms of the lease agreement and local laws. You can review the lease agreement to see if there is a clause that addresses access for maintenance and potential penalties for non-cooperation; Inform the tenant in writing that their refusal to grant access has resulted in additional costs and that these costs will be passed on to them. Provide a breakdown of the extra fees incurred;

GAMESEND.

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18:44 PM, 21st July 2024, About 4 months ago

Reply to the comment left by SUSAN RIDINGS at 15/07/2024 - 10:50
Any Tenant acting like this needs to be given a section 21 ASAP. It will not be possible once Labour remove all Landlords rights forcing you into a court situation to house such tenants anyway. Take the advice evict and sell up.

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