Labour council faces legal challenge after handing out hundreds of eviction notices
1 year ago | 14 comments
Can a tenant refusing engineer access affect my Section 21 notice?
12:02 AM, 28th January 2025, 1 year ago
13
Hi, I wonder if anyone from the Property118 community can help. I have served a Section 21 on a tenant and had all the documents checked by a legal firm and all is fine.
However, the current Gas Certificate (CP12) has now expired and the tenant will not let the engineer in, to service the boiler etc. There is six weeks left until the Section 21 expires.
Will this affect the validity of the Section 21? Also, when I seek a court order to take possession of the property, will the judge deny my request?
Thank you,
Martin
Editor’s note: For help and advice about tenant eviction then contact Landlord Action below.
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Tags:
court possession order, CP12 certificate, eviction process, expired gas certificate, Landlord Action, Landlord rights, Section 21 Notice, tenant access, Tenant eviction
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Member Since September 2022 - Comments: 193
10:11 AM, 28th January 2025, About 1 year ago
You may need to prove to the court that you made attempts to access the property to carry out the Gas Safe Certificate
So did your Gas Safe Engineer make contact with the Tenant ?
Via email or text or WhatsApp?
Did he/she attend the property during normal working hours and knock on the door ?
Maybe even record knocking on the door and leaving a Note on the front door or posting through the letterbox !
This sounds way way over the Top but don’t be surprised when it does go to court that the tenant has a solicitor with them and states to the court and judge that the Gas Safe Certificate is out of date
Expect the judge to give the Tenant more time.
You may well need an Eviction specialist
Member Since May 2015 - Comments: 2203 - Articles: 2
10:43 AM, 28th January 2025, About 1 year ago
You need a current gas certificate and do not have one. Any judge, in the pocket of the government, would see that as a valid excuse to say “Case Dismissed”. Not of course that judges are in the pocket of government, the mere thought is abhorrent.
Member Since November 2022 - Comments: 120
12:08 PM, 28th January 2025, About 1 year ago
Not having a current gas safety certificate may be a regulatory problem or offence. I don’t believe it affects the validity of the s21 notice. The rules on that are concerned with having given the tenant a current GSC before the tenancy was entered into, or at least before the s21 notice was served (see the Trecarrel decision).
You can always get an injunction to require the tenant to allow access if they’re refusing it, but that’s a relatively expensive process.
Member Since September 2023 - Comments: 157
3:16 PM, 28th January 2025, About 1 year ago
To my knowledge, under Deregulation Act 2015. You only need a valid gas saftey check at the point the s21 notice is issued. Once a valid notice is issued it can be used to take it to court.
It makes logical sense, as s21 notice is 2 months, and a further 4 months for a court date. That would leave a huge opening for tenants to stop access and prevent evictions for the best part of half a year.
Nonetheless you should continue to try and get a new gas check done. Maintain evidence of communications with the tenant and multiple attempts to arrange a time to their satisfaction.
A judge can’t hold it against you, if the tenant is refusing access for essential maintenance checks.
Member Since April 2017 - Comments: 19
7:02 PM, 28th January 2025, About 1 year ago
Thank you for your comments. I have asked the engineer and letting agent to keep a record etc
Member Since July 2023 - Comments: 28
11:13 PM, 28th January 2025, About 1 year ago
In cases of suspected gas leak a gas engineer can ask Transco, or your gas supplier to force entry. Get you gas engineer to explain this to your tenant and allow him to check appliances and supply. Works every time. I used it several times as an engineer.
Member Since April 2017 - Comments: 19
5:12 PM, 29th January 2025, About 1 year ago
Does anyone know how to search on this forum?
I can only find create a discussion.
Member Since November 2022 - Comments: 120
5:23 PM, 29th January 2025, About 1 year ago
Reply to the comment left by at 29/01/2025 – 17:12
Tap the hamburger menu in top right corner. That should bring up a screen with a magnifying glass / search button and text field. No idea if it works
Member Since April 2017 - Comments: 19
5:45 PM, 29th January 2025, About 1 year ago
Thank u . it works!
Member Since January 2025 - Comments: 1
9:36 AM, 30th January 2025, About 1 year ago
It’s great that you’ve had everything checked by a legal firm. If the Section 21 is correctly served and all documents are in order, you should be on the right track. Keep records of everything for future reference just in case.