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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PH

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12:19 PM, 12th October 2024, About a month ago

Reply to the comment left by Alison Clark at 12/10/2024 - 11:59
I doubt you'll find anything specific for S21 in the contract it's just a route to take to evict. I'd be very surprised if there is nothing in the contract re early termination or words to that effect.

Alison Clark

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12:26 PM, 12th October 2024, About a month ago

Reply to the comment left by Jonathan Willis at 12/10/2024 - 12:06
I requested this verbally over the telephone and unfortunately I cannot find any emails. I did mention again verbally to the lettings director how I was frustrated this had been missed. He responded by saying…LL usually think it’s a way of agents asking for more fees by setting up another agreement again,damned if you do damned if you don’t type of conversation.

Agent has just informed me they have received a letter from CT he’s council tax is in arrears just over £100. Please tell me this has nothing to do with me and they will chase the tenant direct??? I’m not sure how much I can take of this situation.

Jonathan Willis

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12:28 PM, 12th October 2024, About a month ago

Reply to the comment left by Alison Clark at 12/10/2024 - 12:26
The tenant will be liable whilst the tenancy is in force. You'll only be liable once they have left

Alison Clark

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12:36 PM, 12th October 2024, About a month ago

Reply to the comment left by Jonathan Willis at 12/10/2024 - 12:28
Thank you. So their council tax debt will follow them it wont be left with the property so to speak?

PH

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12:36 PM, 12th October 2024, About a month ago

Alison the CT is the tenants responsibility end of. He is under contract to pay it. Tell your agent to send the council a copy of the AST and you want to be cc'd into all emails AND MAKE SURE THEY DO IT ! I've had this issue and 12 months after I thought it'd been taken care of I received a court summons. The agent got an ear full off me and it was sorted inside a couple of days but I call the council to be absolutely sure. All this happened after a tenant left the house and he tried to pass the remaining CT onto me. It's easier for the council to chase it from you but accept no responsibility at all.

Jonathan Willis

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12:43 PM, 12th October 2024, About a month ago

Reply to the comment left by Alison Clark at 12/10/2024 - 12:36Yes. You'll be fine. Council tax liability is defined in Council Tax (Administration and Enforcement) Regulations 1992. A resident tenant, that is a tenant who has a right to occupy the property under a lease (a tenancy contract) is higher in the hierarchy of liability. The owner of the property is at the bottom. Your period of liability only starts once the tenancy contract is over, that only happens when the tenant gives notice or they are evicted by baliffs.

Even if the tenancy ends but they remain in occupation and refuse to leave, they are still liable as the occupier of the property.

Alison Clark

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12:50 PM, 12th October 2024, About a month ago

Reply to the comment left by PH at 12/10/2024 - 12:36
This is what I am thinking PH. Agent received a letter asking if the tenant was living there. My name was on the CT paperwork, the agent blocked this out and sent a copy to the tenant.

I will call the council on Monday first thing. I’ll ask them to record our conversation and that I take no responsibility for the tenants council tax or the tenants debt.

My worry is if he is struggling with council tax, it could be the rent next. So far rent is up to date. However, saying this at least I would have a mandatory ground as well as all the other discretionaries!! To evict. Am I correct here?!?

Thank you.

Alison Clark

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13:03 PM, 12th October 2024, About a month ago

Reply to the comment left by Ian Cognito at 11/10/2024 - 08:18
I’m not sure which is the worst situation. Not allowing the agent to go with keys/engineer to do the renewal and this expires but have proof we’ve tried all the attempts for HSE. Or the tenant not giving permission and he claims trespassing??????

Alison Clark

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13:06 PM, 12th October 2024, About a month ago

Reply to the comment left by Jonathan Willis at 11/10/2024 - 08:35
I’m not sure which is the worst situation. Not allowing the agent to go with keys/engineer to do the renewal and this expires but have proof we’ve tried all the attempts for HSE. Or the tenant not giving permission and he claims trespassing??????

Alison Clark

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13:17 PM, 12th October 2024, About a month ago

Reply to the comment left by Jonathan Willis at 11/10/2024 - 07:17
I’ve checked no mention of access specifically for gas checks.

TO PERMIT THE LANDLORD OR AGENT TO ENTER THE PREMISES AT A REASONABLE TIME ON GIVING AT LEAST 24 HRS NOTICE (EXCEPT IN THE CASE OF EMERGENCY) FOR THE PURPOSE OF….maintenances, inspection etc doesn’t mention servicing but does say……complying with any obligations imposed on the LL by law.

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