Tenant refusing access for gas safety check?

Tenant refusing access for gas safety check?

0:01 AM, 10th October 2024, About 4 days ago 105

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Hi, my tenant finally agreed a day and time access for an annual gas safety check. However, because the tenant took so long to respond the engineer could no longer accommodate on the said day and time.

The agent is making contact with other engineers for their availability but the tenant is no longer responding. Agent fed back he was angry the appointment was no longer available. The booking was not short notice – a week in advance and lots of emails prior to this saying they would be booking this in as it was due.

The agent is emailing and calling the tenant. I have suggested sending a letter advising its for the tenant’s safety. Is there anything else I can do? The certificate expires Friday 18th October 2024. Should I contact HSE?

Thank you,

Alison


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Ian Cognito

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21:08 PM, 13th October 2024, About 9 hours ago

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).

Alison Clark

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21:22 PM, 13th October 2024, About 9 hours ago

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.

Ian Cognito

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22:15 PM, 13th October 2024, About 8 hours ago

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.

Alison Clark

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22:24 PM, 13th October 2024, About 8 hours ago

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

Jonathan Willis

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7:05 AM, 14th October 2024, Less than a minute ago

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.

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