Tenant refusing access for gas safety check?

Tenant refusing access for gas safety check?

0:01 AM, 10th October 2024, About a month ago 124

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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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Jonathan Willis

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19:45 PM, 1st November 2024, About 3 weeks ago

Reply to the comment left by Alison Clark at 01/11/2024 - 17:04
It may help if you need to issue a claim for cleaning. By having a dog in the property you can't just make a deduction for cleaning, you would need to demonstrate that it has been left in a condition which was worse than it was given to them, minus wear and tear. If the tenant has cleaned the property before leaving and you can't tell a difference between them moving in, then you can't deduct for cleaning. But if the property smells like dog, then you can certainly charge for having the carpets professionally cleaned but make sure to get evidence and use a known firm that gives an invoice. Landlords have been known to fraudulently create invoices for fake cleaning firms, and that won't go down well with the deposit scheme.

If the tenant has requested a pet and you have refused, you could serve an s8 for breach of lease.

Breach of lease is a discretionary ground, and by just having a pet a judge may not grant possession, especially for something small like a hamster. If the tenant didn't ask for permission, the pet has done damage to the property, the pet has been a nuisance to neighbours, or if it's a flat, and the lease says no pets, then these are all going to add weight to the discretionary ground, and more likely to lead to getting a possession order.

Alison Clark

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9:09 AM, 2nd November 2024, About 3 weeks ago

Reply to the comment left by Jonathan Willis at 01/11/2024 - 19:45
Thank you Jonathan. There has only been the one occasion when visiting, the tenant left horrendous fouling in the back garden, up to press it’s clean when we visit, but yes it does smell. I’ve noted your advice regards a company which will provide an invoice, if we should need to have the carpets cleaned.

The discretionary ground (no pets without permission) is definitely a ground we considered however, the reason why we have not pursued s8. It’s not a flat and no neighbours have complained other than to a friend of a friend. I’ve not intervened as I feel it needs to be an official complaint to ASB team without my instigation. Agent advised possession would unlikely be granted and it would be stressful and expensive. We have damages too but I know the tenant will defend this. Tenant has already defended a hole in the wall as being caused when he moved his bed into the property, failed to mention this until our first inspection - then agent received an anonymous phone call from a very distressed female wanting to inform the LL the true reason for the hole, she concurred the story he had given regarding the wall to cover up a DV incident in which he was going to court. Agent advised couldn’t pursue this as defamation of character and the caller wouldn’t leave her details.

There is more to share and the tenancy from start to finished has been a total nightmare. I won’t take up anymore of your day, but I really appreciate you responding to me and offering advice. You can probably understand why I am so conscientious in making sure my s21 in March (earlier if I can) is valid, within the timescale before RRB and I can move on from this and sell.

Jonathan Willis

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9:16 AM, 2nd November 2024, About 3 weeks ago

Reply to the comment left by Alison Clark at 02/11/2024 - 09:09
Just keep an eye on the law, you never know what's going to happen with the s21 route at the moment.

Alison Clark

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9:22 AM, 2nd November 2024, About 3 weeks ago

Reply to the comment left by Jonathan Willis at 02/11/2024 - 09:16
Thank you. I definitely will.

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