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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PH

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13:33 PM, 12th October 2024, About 2 days ago

Reply to the comment left by Alison Clark at 12/10/2024 - 13:17
That covers the gas check and any other checks like EICR. Unless the tenant gives reasonable cancellation notice like 24 hours then he could be breaching the contract in this way . Check your contract for this as well.

Alison Clark

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13:46 PM, 12th October 2024, About 2 days ago

Reply to the comment left by PH at 12/10/2024 - 13:33
I read this section that the tenant can cancel giving 24 hrs notice. I’m guessing he might do this to STOP the visit and without any costs incurred to him, but probably to me from the engineer but we will see.

I can only hope
1. Tenant responds and gives permission.
2. He makes the arrangements with the engineer direct as agent has provided the contact number (HSE advised this as another option)
3. NO cancellation within the 24hrs and engineer completes the check with agent.

Alison Clark

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13:52 PM, 12th October 2024, About 2 days ago

Reply to the comment left by Jonathan Willis at 12/10/2024 - 12:28
Apologies Jonathan I cannot find your comment on the CT . ‘Yes you’ll be fine’…..not showing for some reason?!? Thank you.

Jonathan Willis

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13:56 PM, 12th October 2024, About 2 days ago

Reply to the comment left by Alison Clark at 12/10/2024 - 13:52
Annoyingly I can't find it either.

You will be fine, the tenant will owe it whilst their tenancy is in force.

The legislation is Council Tax (Administration and Enforcement) Regulations 1992. Defines the hierarchy of liability.

A resident tenant, one with a tenancy agreement, takes priority over you, the property owner.

Alison Clark

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14:00 PM, 12th October 2024, About 2 days ago

Reply to the comment left by Jonathan Willis at 12/10/2024 - 13:56
Thank you. I’m so sorry for today asking for so much advice!!!

The tenant therefore is still liable when the tenancy ends? The debt leaves with them?

PH

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14:42 PM, 12th October 2024, About 2 days ago

Reply to the comment left by Alison Clark at 12/10/2024 - 13:46
I always let the engineer arrange the visit with the tenant but I have a good tenant which helps.
If the engineer charges you for the inconvenience of a cancelled appointment (within 24 hours) I'd charge it to the tenant without hesitation or deduct it from the deposit at the end but remember to keep invoices as proof.
The tenant is responsible for the CT upto & Inc the tenancy expiry date regardless of him being there or not.

Alison Clark

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14:53 PM, 12th October 2024, About 2 days ago

Reply to the comment left by PH at 12/10/2024 - 14:42
Thank you, so much easier with good cooperate tenants!!!

Thank you just needed that clarity re CT. Ill keep all proofs (invoice) from gas engineer if tenant cancels less than 24hrs.

As im covered in the AST for permitting access. Its not trespassing if he doesn’t cancel, that correct? and agent and engineer enter. This is worrying me?!?

PH

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15:02 PM, 12th October 2024, About 2 days ago

Reply to the comment left by Alison Clark at 12/10/2024 - 14:53
I wouldn't like to advise on that . I'd like to get solid advice beforehand otherwise you could be breaching all sorts of rules and regs.
I wouldn't even trust an agents take on it to be quite honest.
Im not sure if you can pm me on here but if you can I can put you onto a LL lawyer who will be able to help .

Alison Clark

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15:13 PM, 12th October 2024, About 2 days ago

Reply to the comment left by PH at 12/10/2024 - 15:02
Thank you. Not sure if I can? But I’ll try and PM it would be helpful to speak with a LL Lawyer.

Alison Clark

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17:22 PM, 12th October 2024, About 2 days ago

Reply to the comment left by PH at 12/10/2024 - 15:02
PH are you ok if I search for your details on this platform to PM you. I don’t wish to browse without your consent?!? Not sure if i will find them, but I can try! Thank you.

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