Tenant broken boiler, refusing me access to check it

[TheBinarySheep]

We have a single property that we're renting out. Tenancy started in May 2020, we've tried numerous times to get access to the property to check it over and do a gas safety check but they keep denying us access and coming up with stupid excuses. They're also 5 month in arrears.

I got an email tonight to say the boiler has broke and can we send an engineer. I've replied asking if I can pop down to check the boiler over in the next hour to check that it's not something simple before I arrange for an engineer to go out and perform a repair. She's replied saying I can't go down as the house is untidy and she'd rather arrange for me to go another time, and she only wants an engineer to attend.

I don't want to pay for an engineer visit on a weekend if all it needs is the boiler topping up, but will if I have to.

The tenancy says that she has to give access to perform repairs, but she's refusing me access and will only accept an engineer visiting the property. I know she's trying to hide the fact that they've got the house in a right state.

My question is, can she refuse me access? If I arrange an engineer I'll be attending with the engineer anyway, but I am expecting her to still deny me access to the inside.

Any help appreciated.

[otherman]

Have you ever met this tennant? If not, you could turn up as the engineer.

[TheBinarySheep]

otherman said:

Have you ever met this tennant? If not, you could turn up as the engineer.

Sadly yes, I've met them.

[MonkeyBusiness]

Send your 'boilerman' mate round with a toolbox and get him to let you in.

[austinsmirk]

If you honestly believed the boiler could kill her, you can just walk into the property to make it safe. Obviously you let endless phone calls, texts etc need to evidence the risk.

The bad news is, 5 mth in arrears: yr house will be trashed. That’s why she ain’t letting you in. She owes everyone a fortune and is probably about to do a runner when the debt gets to tipping point.

[Turn7]

Hi Tenant

The Engineer cant get there till Tuesday.

Let me know if you get cold enough to tidy up and I'll pop over.....


I seriously could not be a landlord.

[elanfan]

I wouldn’t be cooperating with a tenant in arrears, no way. Tell her she’s got no choice either you or no one. Take eviction paperwork with you. If you can’t get it going say you’ll call an engineer once the arrears are paid.

[TheBinarySheep]

Turn7 said:

Hi Tenant

The Engineer cant get there till Tuesday.

Let me know if you get cold enough to tidy up and I'll pop over.....


I seriously could not be a landlord.

The problem with that is I gather we have to fix something like this within 24 hours.

[TheBinarySheep]

elanfan said:

I wouldn’t be cooperating with a tenant in arrears, no way. Tell her she’s got no choice either you or no one. Take eviction paperwork with you. If you can’t get it going say you’ll call an engineer once the arrears are paid.

You can't hold arrears against the tenant in cases like this sadly.

We also can't evict them until they're 6 month in arrears due to new Covid restrictions preventing landlords from getting rid of tenants. We're waiting for them to miss one more month so we can give them a months notice to get out.

[CorradoTDI]

5 months in arrears!!! - what the hell!?

[Turn7]

TheBinarySheep said:

Turn7 said:

Hi Tenant

The Engineer cant get there till Tuesday.

Let me know if you get cold enough to tidy up and I'll pop over.....


I seriously could not be a landlord.

The problem with that is I gather we have to fix something like this within 24 hours.

Which you are trying to do....

[Carbon Sasquatch]

I'd say you hold all the cards given that it's cold.....

If the contract states that you are allowed access for maintenance & she has refused. Unless the contract says anything about engineers, I'd hold firm that you need to check first. Just be clear & polite - as soon as you've confirmed the problem, an engineer will be arranged ASAP.

[TheBinarySheep]

Turn7 said:

Hi Tenant

The Engineer cant get there till Tuesday.

Let me know if you get cold enough to tidy up and I'll pop over.....


I seriously could not be a landlord.

To be honest, I don't want to be a landlord either. This was our first home, we kept it when we moved out and it was valued at £65k. Anyway, 10 years later it's worth about £20k, we're in negative equity and we just keep getting crap tenant after crap tenant. It costs us thousands each year to the point where we're thinking of cutting our losses, taking the money out of our home to pay it off and then just selling it.

But as some on here say, landlords make loads of money and arse the cause of the housing problem.

[scottyp123]

TheBinarySheep said:

otherman said:

Have you ever met this tennant? If not, you could turn up as the engineer.

Sadly yes, I've met them.

Get a mate round then instead, preferably one who knows how to top a boiler up, I'm sure he could wing it if its something else, just tell him to say the phalange has packed up and another man will be round soon with the correct part.

[TheBinarySheep]

Carbon Sasquatch said:

I'd say you hold all the cards given that it's cold.....

If the contract states that you are allowed access for maintenance & she has refused. Unless the contract says anything about engineers, I'd hold firm that you need to check first. Just be clear & polite - as soon as you've confirmed the problem, an engineer will be arranged ASAP.

Tenancy says that they have to give access to landlord or the landlords contractors to perform repairs.

[98elise]

As a Landlord I would insist I get a chance to look at it first. The tenant can't pick and choose who does the repair.

Also ask the same question on Landlordzone which is a great resource for legal issues etc.

If she's 5 months behind already then start the eviction process as soon as you can.

[TheBinarySheep]

98elise said:

As a Landlord I would insist I get a chance to look at it first. The tenant can't pick and choose who does the repair.

Also ask the same question on Landlordzone which is a great resource for legal issues etc.

If she's 5 months behind already then start the eviction process as soon as you can.

Already posted on Landlordzone as well, but no responses so far. This place is usually far quicker.

[Matt_E_Mulsion]

Get round there and kick her and her worldly goods out onto the streets.

[TheBinarySheep]

Matt_E_Mulsion said:

Get round there and kick her and her worldly goods out onto the streets.

I wish I could, but the government have got so much protection in place for tenants that landlords have their hands tied behind their backs.

[Carbon Sasquatch]

TheBinarySheep said:

Carbon Sasquatch said:

I'd say you hold all the cards given that it's cold.....

If the contract states that you are allowed access for maintenance & she has refused. Unless the contract says anything about engineers, I'd hold firm that you need to check first. Just be clear & polite - as soon as you've confirmed the problem, an engineer will be arranged ASAP.

Tenancy says that they have to give access to landlord or the landlords contractors to perform repairs.

That's all you need - just clarify that & sit tight. As long as there's nothing in there about tenant engage a contractor directly, then all good. Just keep reasserting what it says in the contract.