Can a tenant refusing engineer access affect my Section 21 notice?

Tenant refusal of gas safety check and its impact on Section 21 notice validity

by Readers Question

12:02 AM, 28th January 2025, 1 year ago 13

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Advice Landlord Action Landlord News Landlord News Landlords Questions Tenant Eviction

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

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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

Comments

SGhai Read Full Bio

Member Since August 2020 - Comments: 17

7:55 AM, 1st February 2025, About 1 year ago

I believe, as long as everything was in order at the time of giving notice it shouldn’t be a problem. You would need to prove that the tenant has actively refused the access to the premises where the appliances and the meters are in place. The gas engineer can record a video trying to get access to the premises on times convenient to the tenant. The tenant should have been informed prior to the visit with a good enough notice ( a week- two weeks in advance) to make arrangements such as, time off work etc. Good luck

1 Report Comment Reply
Member Since April 2017 - Comments: 19

12:53 PM, 12th February 2025, About 1 year ago

The tenant did finally let the engineer into service the boiler and produce a gas certificate.

1 Report Comment Reply
Member Since April 2017 - Comments: 19

12:54 PM, 12th February 2025, About 1 year ago

If I wish to incentivise the tenant to leave before the Section 21 expires, and they do not leave.

Will this have an impact on taking them to court to seek possession and trying to reclaim the rent arrears?

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