Tenant refusing access for gas safety check?

Tenant refusing access for gas safety check?

0:01 AM, 10th October 2024, About 2 months ago 136

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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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17:44 PM, 14th December 2024, About 7 days ago

Reply to the comment left by Alison Clark at 14/12/2024 - 17:33
A quick way to check most of an s21 is to answer this as if you were the tenant - https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/section_21_validity_checker

So for anything where they say they didn't get X, you can show they it was sent, i.e. proof of postage. As it's assumed to arrive. Check things like the minimum 2 month notice is slightly more to make sure you aren't under by 1-2 days etc.

An s21 is just a notice the landlord intends to seek possession. A tenant can ignore it, as leaving would be considered volentarily. A tenant is required to give their own notice to quit, they can't just up and leave (unless it's a fixed term, which doesn't mention a contractual periodic tenancy is formed, in that case, they can just leave and return possession (keys) on the last day).

Once the 2 notice date is reached, you can then apply for a court date. Depends on local backlogs but it's around 4 months. If you win, and a possession order is granted, the tenancy ends and the tenant has 2 weeks to leave. If they don't, you can ask the court to send baliffs with an eviction notice, this is again depending on backlogs 2-16 weeks. It's not uncommon for London evictions to take over 12 months, and that's assuming you got all your paperwork in order and win every stage, that's just the sheer backlogs at the moment.

If a tenant wants any council help, they will not leave, but the council will tell them they won't help unless baliffs evict them. You can however get possession with costs, if you win at court so you can get your legal costs back if the tenant can afford to pay them.

Alison Clark

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18:56 PM, 14th December 2024, About 7 days ago

Reply to the comment left by Jonathan Willis at 14/12/2024 - 17:44
Thank you.

Carchester

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9:59 AM, 15th December 2024, About 6 days ago

The HSE (Health and Safety Executive) has been mentioned on this thread.

Can anyone point me to the jurisdiction where they (HSE) have authority in this matter?

The Health and Safety at Work etc Act 1974 deals with health and safety at work (note at work) and other related matters. I cannot see where there is any relevance to private landlords unless they have now been captured as "at work".

Environmental Health yes - but HSE ??????

Carchester.

Jonathan Willis

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10:07 AM, 15th December 2024, About 6 days ago

Reply to the comment left by Carchester at 15/12/2024 - 09:59
The Gas Safety (Installation and Use) (Amendment) Regulations 2018 came into force on 6 April 2018.

These are what require landlords to do gas saftey checks.

https://www.hse.gov.uk/gas/landlords/safetycheckswho.htm

Carchester

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10:14 AM, 15th December 2024, About 6 days ago

Thanks Jonathan.

Jonathan Willis

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10:18 AM, 15th December 2024, About 6 days ago

Reply to the comment left by Carchester at 15/12/2024 - 10:14
There is also The Deregulation Act 2015, but this is only adding the requirement that has safety checks are served on the tenant if they want to issue an s21. So not one for HSE.

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