Tenant refusing access for gas safety check?

Reply to the comment left by Jonathan Willis at 13/10/2024 - 20:24
I’ll ensure none of the above happens and I’ll state it in writing to the agent to cover myself. I’m really not comfortable with any of this!!! Yet I know the tenant will think it’s down to ME.

I don’t think they will force entry but I’ll make sure of this. (I wasn’t aware a tenant could even change the locks when it’s not their property?)

It will become tricky if the tenant does not leave after s21 as I would have given notice to the agent. This is something else I need to check. How does their contract end and when?

Reply to the comment left by Jonathan Willis at 13/10/2024 - 20:00
Is there an alternative agreement whereby the landlord has a contract with the agent and the agent has a contract with the tenant, but there is no contract between landlord (meaning owner) and tenant (meaning occupant).

Reply to the comment left by Jonathan Willis at 13/10/2024 - 20:24
I need to sleep on this. Wondering whether to offer my contact number to tenant through the agent to improve communication. Supervising the agent is stressful and this is possibly stressful for the tenant too?? He did ask for my number at the beginning of the tenancy but I advised I was fully managed with agent. Things weren’t going to plan so I thought I was doing the right thing. I could try and use a spare phone just for the tenant. Agent does not whatsapp him, it’s phone or email which is ok but I think WhatsApp is better. He may not even respond or could say NO! just a thought at the moment.

Reply to the comment left by Alison Clark at 13/10/2024 - 21:22
You employ the agent to manage, so I wouldn't get directly involved.

Make sure you know which redress scheme the agent belogs to. Property Ombudsman or Property Redress Scheme.

Reply to the comment left by Ian Cognito at 13/10/2024 - 22:15
Thank you I will. Yes you are probably right!

Reply to the comment left by Alison Clark at 13/10/2024 - 20:55
Under a tenants right to quiet enjoyment, which lets them stop been interfered with by the landlord. They can change the locks. This comes from case law. In that landlords have taken tenants to court over them changing the locks and the s8 notice for breach of lease due to them changing the locks has been repeatedly refused. Some Tenants are now advised to change the locks to secure the property so only they have a key to get in, for insurance purposes not just quite enjoyment. The tenant is required to put the original locks back when they leave or it's considered damage.

The issue with forced entry is if you break the lock and replace it, you risk the tenant not being able to get back in if you fit a new lock. Denying them entry back to their property would then be an illegal eviction. Whilst the tenancy is in force you have no right of entry, that's why you shouldn't force entry even though you own the property. An exception to this would be emergency access, i.e. water/gas leaks.

The s21 notice, is a notice the landlord intends to seek possession. It is not an eviction. All it gives you is grounds to request a possession order from the court. A tenant has every right to stay put in the property. If the possession is granted, the tenancy is still in force. But the tenant has two weeks to leave, if they don't, you then enforce the possession order by instructing baliffs to remove the tenant. Once they are out and you possession of your property, the tenancy is over.

If the tenant is difficult, you can request possession with costs, so the tenant is responsible for covering all the legal costs involved. The judge will usually grant this.

Reply to the comment left by Jonathan Willis at 14/10/2024 - 07:05
Thank you for the explanation about the locks. Fingers crossed it will not come to this but at least I am now aware of the tenants rights.

Good to know about including costs on the possession order! I can not thank you enough for your advice and constant communication. Wish me luck we have a positive outcome with gaining access to renew the gas with permission from the tenant or he is home and gives access🤞🤞🤞

Reply to the comment left by Alison Clark at 14/10/2024 - 07:28It is a long journey. If the fixed term doesn't expire until the the start of May 2025, turn you can serve an s21 notice in December, dated after the end of their fixed term, it would give you a couple weeks to apply to the court for possession. If the tenant will not leave and if affected by court backlogs in your area, you'll likely not get possession until 2026.

Reply to the comment left by Jonathan Willis at 14/10/2024 - 07:38
The backlog will be worse because a lot of cases that would have been uncontested s.21 evictions will now go to court.

Reply to the comment left by Jonathan Willis at 14/10/2024 - 07:05In this long thread I can't see anybody else dealing definitively with the question about a landlord's right of entry for essential work especially gas inspections, EICRs, etc. As I said earlier a lot of what is on the internet about this topic is just plain wrong.
Landlord & Tenant Act 1985
11 Repairing obligations in short leases.
(1) In a lease to which this section applies..... there is implied a covenant by the lessor—
......(c) to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
......
(6) In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.
A Gas Safe Inspection is just that - an inspection. There really is no room for argument. But if there is an argument Shelter are the best place to go because they will be where the tenant or the tenant's free adviser (Citizens Advice, etc.) will probably look. For most questions their 'Legal Guidance for Professionals' is definitive with (usually) citations as good as any text book. Anyone can use it. For this issue the relevant professional page is:-
https://england.shelter.org.uk/professional_resources/legal/housing_conditions/responsibility_for_repairs/problems_during_repair_work#landlord-access-to-carry-out-repairs
The public advice page is:- https://england.shelter.org.uk/housing_advice/repairs/repairs_and_inspections_access_to_your_rented_home
And the first paragraph of this is relevant:- https://england.shelter.org.uk/housing_advice/private_renting/what_to_look_for_in_your_tenancy_agreement/landlord_access
Changing locks is an alteration. If the tenancy agreement doesn't prohibit alterations in general and changing the locks in particular it has been drafted incompetently.
Any agent who doesn't know this stuff off by heart is incapable of providing a professional managed property service. It's an essential, basic bit of residential property law. But then again I've never met an agent who does know this stuff off by heart, so there is that.