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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Fed Up Landlord

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22:46 PM, 10th October 2024, About a month ago

Dont p*ss about. Serve a Section 21 while you can. Tenant is putting their safety and the property at risk, along with a £6,000 fine or a manslaughter conviction for the LL if it goes belly up.

Alison Clark

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23:40 PM, 10th October 2024, About a month ago

Reply to the comment left by Fed Up Landlord at 10/10/2024 - 22:46
NO break clause fed up landlord.. 18mth Fixed term until May 2025. s21 will be March. I have the gas cert before the tenancy commenced but now I am struggling for access to revalidate the annual certificate.

If I have proof we tried to gain access. Can I still serve s21 with just the 1 certificate? Anyone experienced this before please?

Jonathan Willis

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7:17 AM, 11th October 2024, About a month ago

Under a tenants right to quiet enjoyment, they can deny access even for the annual gas saftey check. So long as you can provide evidence you have made reasonable attempts to do the check but the tenant has refused access, a judge won't let that block an s21. However who knows how long s21 will still be around for.

If your tenancy agreement says they must allow access for gas saftey checks, you could attempt an s8 eviction notice, but as above, it's discretionary for breach of lease and no guarantee it will be approved even if it is a health and safety risk, to the tenant and surrounding properties.

John Tidswell

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7:38 AM, 11th October 2024, About a month ago

Reply to the comment left by Jonathan Willis at 11/10/2024 - 07:17
As I said I don’t give them the option. I book a day and let the know which day it will be carried out. The only choice I give them is whether they are there or not. I normally give them a moths notice and a 2 week reminder before. I have not had any issues with tenants, or problems carrying out any Gas safety checks.

Alison Clark

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7:40 AM, 11th October 2024, About a month ago

Reply to the comment left by Jonathan Willis at 11/10/2024 - 07:17
Thank you Jonathan. I’ve not slept all night thinking about this! I’m pleased and relieved this would not block a s21 I’ve prepared for this for so long. I don’t think I could face the risk of serving s8 with no guarantee it would be approved. I have a number of other grounds such as damage to the property, dog without permission, camera without permission and other fixtures. Refused entry after agreeing to fit an additional CM detector, this was then rearranged. Girlfriend and baby at the property constantly! Anonymous phone call from a distressed ex wanting to inform me of DV and court appearance. Police welfare check, forced entry, tenant was inside asleep - he was then arrested for resisting arrest!
I can’t think of anything else off the top of my head!!!!!

All the above he could defend and deny etc, all somehow discretionary! He's paying the rent. I’m supervising agent as young inexperienced new staff constantly, I’m fully managed. This adds to the stress. Sorry to offload.

Alison Clark

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7:45 AM, 11th October 2024, About a month ago

Reply to the comment left by John Tidswell at 11/10/2024 - 07:38
Tenant insists on being there and then will not reply to give permission. I can not just turn up with the keys even after giving notice. I wish I could. Thanks.

Jonathan Willis

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7:50 AM, 11th October 2024, About a month ago

Reply to the comment left by Alison Clark at 11/10/2024 - 07:40
If you haven't already consider getting an eviction specialist solicitor to avoid leaving any gaps in your case.

Take a look at s8 ground 7A, to see if the offences they have been convicted off would be a mandatory ground for possession.

Ian Cognito

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8:18 AM, 11th October 2024, About a month ago

Reply to the comment left by Jonathan Willis at 11/10/2024 - 07:17
"they can deny access even for the annual gas safety check."

Are you sure?

What we've learned from Grenfell is that resident safety is now paramount. By denying an annual Gas Safety check, your tenant is compromising the safety of his/her neighbours.

Alison Clark

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8:34 AM, 11th October 2024, About a month ago

Reply to the comment left by Jonathan Willis at 11/10/2024 - 07:50
Thank you. My insurance legal adviser confirmed discretionary. I feel even if I have lots of discretionaries under the same ground I’m losing a battle already before I begin! I will call them again though to double check.

Jonathan Willis

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8:35 AM, 11th October 2024, About a month ago

Reply to the comment left by Ian Cognito at 11/10/2024 - 08:18
I agree has safety checks are important, although I imagine most owner occuipers never do them, and if it wasn't a legal requirement I suspect many landlords wouldn't either.

A tenant has a right to refuse access to anyone under quiet enjoyment. They just say it shouldn't be unreasonable withheld but they still can withhold it. The issue is, if a landlord was to make entry it would be trespass (civil issue), aggravated trespass if the landlord/engineer refused to leave when asked, and if the tenant has changed the lock on the front door, to gain access even with a locksmith would be considered forced entry against the property, that's a criminal offence. It's really not in the landlords favour. The crazy part is it's almost it's the lesser of all evils to sneak in and do the safety inspection when the tenant isn't in the property as then it's a civil issue with no recourse for the tenant.

If the contract says you must provide access, a tenant is in breach of contract, but a possession order to gain access will also end the tenancy, yet the ground for breach of lease isn't mandatory.

There are no end of landlord Vs. tenant rights arguments, the other less safety critical one is broken front door locks and out of hours locksmith charges. Housing legislation and case law, is so conflicted from all the years of changes, there is no real set answer other than a long winded process of getting a possession order.

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