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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17:39 PM, 12th October 2024, About a month ago

Reply to the comment left by Alison Clark at 12/10/2024 - 17:22
Yes sure. Members are listed.

Jonathan Willis

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17:47 PM, 12th October 2024, About a month ago

Reply to the comment left by Alison Clark at 12/10/2024 - 14:00
The debt stays with the tenant. Do not worry about the council tax. Same with utilities unless you do bills included. You just open up a new utilities account when they leave, taking photos of meter readings on the day they move out. Any past usage is with them.

As to legal advice from estate agents, I wouldn't trust them. Experience dictates many employees just take it as a job, rather than a career with an interest in doing the right thing.

Alison Clark

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18:25 PM, 12th October 2024, About a month ago

Reply to the comment left by Jonathan Willis at 12/10/2024 - 17:47
Bills not included thankfully that is one less thing to think about.

Thankfully I double check everything they say from the branch manager, to the lettings director.

Thank you.

Alison Clark

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18:40 PM, 12th October 2024, About a month ago

Reply to the comment left by PH at 12/10/2024 - 17:39
Just displays your name and how long a member. I’ll try landlord Action.
Many thanks.

PH

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19:05 PM, 12th October 2024, About a month ago

Reply to the comment left by Alison Clark at 12/10/2024 - 18:40
Try now. I've enabled messages in my profile. You may need to do the same.

Alison Clark

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19:11 PM, 12th October 2024, About a month ago

Reply to the comment left by PH at 12/10/2024 - 19:05
Sent message PH.

Thank you ALL so much for your help today!

PH

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19:37 PM, 12th October 2024, About a month ago

Reply to the comment left by Alison Clark at 12/10/2024 - 19:11
Received and replied Alison.

Michael Crofts

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10:11 AM, 13th October 2024, About a month ago

Alison
You are entitled to enter for this purpose if you comply with the notice provisions of the tenancy agreement. The only ground for complaint that the tenant might have is harassment but a single entry to fulfill a statutory requirement cannot be harassment. There is a lot of rubbish published about quiet enjoyment and insufficient space here for me to refute it all.
Section 21 - there is also a lot of misinformation about this. The notice limitations are MINIMUMS, not maximums. The tenancy has been running for more than 4 months so you can serve a s.21 notice now to expire in accordance with the tenancy agreement and the law. The Renter's Rights Bill, which is likely to pass in its original form without substantive amendment, preserves the validity of a valid s.21 notice served now. See schedule 6:-
Section 2: tenancy remains an assured shorthold tenancy until disposal of section 21 notice given prior to commencement date
3 Where, immediately before the commencement date, proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section of that Act (“possession proceedings”) have been commenced in relation to an assured shorthold tenancy and have not been concluded, or have not been commenced but have not become time-barred—
(a) the notice remains valid until proceedings in reliance on the notice become time-barred or are concluded, and
(b) the amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice ceases to be valid by virtue of paragraph (a) (and accordingly the tenancy remains an assured shorthold tenancy until then).
Also read the subsequent text
https://publications.parliament.uk/pa/bills/cbill/59-01/0008/240008.pdf

Carchester

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10:19 AM, 13th October 2024, About a month ago

Correct and authoritive as above from Michael Crofts.

Carchester

Jonathan Willis

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10:32 AM, 13th October 2024, About a month ago

Reply to the comment left by Michael Crofts at 13/10/2024 - 10:11
There is a maximum. The notice is only valid for 6 months from its date of issue. If there is more than 6 months left on a fixed term, the s21 would be invalid either way. This prevents landlords issuing a s21 notice at the start of a tenancy to take effect on the day after the last day of the tenancy.

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