tenant refusing access for gas safety

tenant refusing access for gas safety

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Discussion

superlightr

Original Poster:

12,856 posts

263 months

Friday 16th September 2016
quotequote all
Summary Let property.

Wrote to T 5.8.16 informing contractor will contact them to book in gas safety which needs to be done before the 16.9.16
Contractor calls them twice and leaves messages 12.8.16 and 18.8.16
We write to tenant 13.9.16 asking them to call the contractor to book in the gas safety before the 16th
We write to the tenant 15.9.16 giving 24 hrs notice that contractor will enter to do gas safety
First contact from tenants - 16.9.16 tenants email to refuse access and say they will sort out on their return 21.9.16

What would you do? Gas safety cert for a rented property is a legal requirement with criminal liability for not having a valid cert.

bradjsmith88

117 posts

128 months

Friday 16th September 2016
quotequote all
Phone the tenant and have a conversation about it, and try and sort it that way?

Dan_M5

615 posts

143 months

Friday 16th September 2016
quotequote all
Cynical me would think they are hiding something. Do it while your inspecting the property.

All that jazz

7,632 posts

146 months

Friday 16th September 2016
quotequote all
superlightr said:
Summary Let property.

Wrote to T 5.8.16 informing contractor will contact them to book in gas safety which needs to be done before the 16.9.16
Contractor calls them twice and leaves messages 12.8.16 and 18.8.16
We write to tenant 13.9.16 asking them to call the contractor to book in the gas safety before the 16th
We write to the tenant 15.9.16 giving 24 hrs notice that contractor will enter to do gas safety
First contact from tenants - 16.9.16 tenants email to refuse access and say they will sort out on their return 21.9.16

What would you do? Gas safety cert for a rented property is a legal requirement with criminal liability for not having a valid cert.
I would wait until 21.9.16 and see what they plan to do to "sort it out", and at the same time politely question why they've taken 6 weeks to acknowledge the correspondence and ignored umpteen calls. Depending on their response and their rent payment record, those would dictate what my next move would be.

anothernameitist

1,500 posts

135 months

Friday 16th September 2016
quotequote all
Break in, check place, chuck all tenants stuff out in street, change locks.

Then no need to do any safety check.

Problem solved.

Rememebr to return bond too

JustinP1

13,330 posts

230 months

Friday 16th September 2016
quotequote all
Dan_M5 said:
Cynical me would think they are hiding something. Do it while your inspecting the property.
Me too (as a landlord).

They might be just slack as hell though. Do they pay their rent?

Maybe a polite but firm response outlining the importance of the gas safety check, and telling them that no gas appliances can be used until the check is completed might sharpen the mind.

Jasandjules

69,887 posts

229 months

Friday 16th September 2016
quotequote all
anothernameitist said:
Break in, check place, chuck all tenants stuff out in street, change locks.

Then no need to do any safety check.

Problem solved.

Rememebr to return bond too
Then await arrival of police, get arrested, spend time in cells. Get prosecuted. Go to jail.

IIRC they can still refuse access for a gas safety check. However they have said they will sort it when they come back. So guess what is a prudent course of action?

mel

10,168 posts

275 months

Friday 16th September 2016
quotequote all
JustinP1 said:
Dan_M5 said:
Cynical me would think they are hiding something. Do it while your inspecting the property.
Me too (as a landlord).

They might be just slack as hell though. Do they pay their rent?

Maybe a polite but firm response outlining the importance of the gas safety check, and telling them that no gas appliances can be used until the check is completed might sharpen the mind.
I must be really cynical then because I just read it and thought loft full of marijuana.

Hol

8,412 posts

200 months

Friday 16th September 2016
quotequote all
Wow!!. It must be lunch time.

Eight posts, and nobody has mentioned 'quiet enjoyment' or accused the OP of being a slum landlord who snoops on his tenants.


Maybe there's hope yet for a tenancy thread not to go all 'Hollywood'.
party

xxChrisxx

538 posts

121 months

Friday 16th September 2016
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They have a right to quiet enjoyment OP. Why are you harassing them with trivial matters like gas safety checks? Sounds like an excuse just to disturb their peaceful lives to me.

omgus

7,305 posts

175 months

Friday 16th September 2016
quotequote all

xxChrisxx said:
They have a right to quiet enjoyment OP. Why are you harassing them with trivial matters like gas safety checks? Sounds like an excuse just to disturb their peaceful lives to me.
hehe



dudleybloke

19,820 posts

186 months

Friday 16th September 2016
quotequote all
mel said:
I must be really cynical then because I just read it and thought loft full of marijuana.
smile probably right these days!

anonymous-user

54 months

Friday 16th September 2016
quotequote all
How are you covered from a Legal standpoint from date of expiry to the proposed date of 'sorting it' if something did happen?

Are they actually refusing access or currently away from the property and do not want you to access it without them present?

As both a landlord and a tenant, I can respect their request for privacy, my current landlord wanted access to our current home at any time (for both her and her son), no chance.

I always try and give 72+ hours notice for any work at my rentals ... so you have been reasonable in your timeframe.

I would just guess they do not want anyone in their house whilst they are not there, rather than any sinister motive.


Lopey

258 posts

98 months

Friday 16th September 2016
quotequote all
superlightr said:
Summary Let property.

Wrote to T 5.8.16 informing contractor will contact them to book in gas safety which needs to be done before the 16.9.16
Contractor calls them twice and leaves messages 12.8.16 and 18.8.16
We write to tenant 13.9.16 asking them to call the contractor to book in the gas safety before the 16th
We write to the tenant 15.9.16 giving 24 hrs notice that contractor will enter to do gas safety
First contact from tenants - 16.9.16 tenants email to refuse access and say they will sort out on their return 21.9.16

What would you do? Gas safety cert for a rented property is a legal requirement with criminal liability for not having a valid cert.
How about get off your backside and do your job as a landlord? It's not the tenants responsibility to be available for the gas safety check, its yours. Book the gas engineer in, give tenant required notice, then get to the property and let him in yourself.

The amount of landlords who expect the tenants to deal with all the upkeep on a property they have no interest in is bizarre.

anonymous-user

54 months

Friday 16th September 2016
quotequote all
Lopey said:
superlightr said:
Summary Let property.

Wrote to T 5.8.16 informing contractor will contact them to book in gas safety which needs to be done before the 16.9.16
Contractor calls them twice and leaves messages 12.8.16 and 18.8.16
We write to tenant 13.9.16 asking them to call the contractor to book in the gas safety before the 16th
We write to the tenant 15.9.16 giving 24 hrs notice that contractor will enter to do gas safety
First contact from tenants - 16.9.16 tenants email to refuse access and say they will sort out on their return 21.9.16

What would you do? Gas safety cert for a rented property is a legal requirement with criminal liability for not having a valid cert.
How about get off your backside and do your job as a landlord? It's not the tenants responsibility to be available for the gas safety check, its yours. Book the gas engineer in, give tenant required notice, then get to the property and let him in yourself.

The amount of landlords who expect the tenants to deal with all the upkeep on a property they have no interest in is bizarre.
Not without the approval of the tenant to access the property, which he does not have.

He owns the house, but it is not his home, he cannot just turn up and let himself in.

surveyor_101

5,069 posts

179 months

Friday 16th September 2016
quotequote all
What does your tenancy say about access or inspections?

I would speak to the tenant say that you have a legal obligation to have a gas safety cert and state the given you a date and time to do it or they can pay for the boiler to be serviced and gas safety checked around £150 and present you with proof?

Sounds like your dealing with a weirdo or they have something to hide.

if your agreement grants you access after 7 days written notice that woud be your best bet. If they make a legal challenge for quiet enjoyment I cant see the judge blaming you for a gas safety check visit!

I once had an agent ring in a panic as the cert was a month out an he had just realised. Its not in my benefit not to have the equipment checked why play silly buggers.

Edited by surveyor_101 on Friday 16th September 13:20

surveyor_101

5,069 posts

179 months

Friday 16th September 2016
quotequote all
Dan_M5 said:
Cynical me would think they are hiding something. Do it while your inspecting the property.
I used to be cool with my old agent entering my home without me present. Called in a panic said would it be ok for his guy to do a safety check today as ours is a month out while were out. No problem. My current agent rang and ask the same I would say jog on!

The new agent did one inspection without me and took 13 photos of the most tiny marks on blemishes to the walls and wrote a pooey letter stated they were beyond fair ware and tear.



Funny she doesnt take any photos or moan when I do inspections with her now. Agents take the pee and tenants then don't trust them.

Hol

8,412 posts

200 months

Friday 16th September 2016
quotequote all
omgus said:
xxChrisxx said:
They have a right to quiet enjoyment OP. Why are you harassing them with trivial matters like gas safety checks? Sounds like an excuse just to disturb their peaceful lives to me.
hehe
bow

Jasandjules

69,887 posts

229 months

Friday 16th September 2016
quotequote all
surveyor_101 said:
What does your tenancy say about access or inspections?
What matters more is what the Courts have ruled. And then whether or not it means entry without permission is trespasss and potentially various other criminal offences leading to your arrest and jail.....

C70R

17,596 posts

104 months

Friday 16th September 2016
quotequote all
Lopey said:
How about get off your backside and do your job as a landlord? It's not the tenants responsibility to be available for the gas safety check, its yours. Book the gas engineer in, give tenant required notice, then get to the property and let him in yourself.

The amount of landlords who expect the tenants to deal with all the upkeep on a property they have no interest in is bizarre.
Worst advice of the day award, right here.