Can’t gain access for Gas Safety Certificate or EIRC and tenant £5k in arrears?

Don’t waste time with this. Issue them with a smalllclaims court for the money. Have a look below.

Write to them and tell them they owe you the money. Get a proof of posting certificate from The Post Office. Tell them they have 14 days to respond. Repeat this again in 14 days and this time, tell them you will take legal action.

Then issue them with the summons below.

https://www.gov.uk/government/publications/money-claim-online-user-guide

If they ignore it, you can apply for a CCJ against them automatically once 28 days have passed if they ignore it. This will then mess up their credit rating etc. Its significant. This, I think is the best way forward for you,

Also issue a S8 with grounds of breach in tenancy by not allowing you to carry out the legal checks. Also you can state rent arrears too.

Hit hard.

Contact an Eviction Specialist.

Keep evidence of your continued attempts to gain access for safety checks.

Section 8. Just do it. Sometimes, we need to rip the plaster off.

Reply to the comment left by Reluctant Landlord at 20/06/2024 – 12:13
Your biggest mistake was to never increase the rent for 12 years this is a major oversight. You should alway review rent annually and increase inline with the market rises.

Why would you issue a S8 on a Discretionary Ground 12 when you have a Mandatory Ground 8? Never ever should you add a discretionary ground as it can be argued and cause major delays.

Sounds like you need an eviction specialist.

CCJ + S21 + S8G8 can all be deployed simultaneously.

Re EICR: https://eicr-testing.uk/eicr-testing-in-rental-properties-landlord-responsibilities-and-tenant-rights/#:~:text=If%20tenants%20refuse%20to%20allow%20access%20for%20EICR,ensure%20compliance%20and%20safety%20in%20their%20rental%20property.

Re Gas Safety Cert:
https://prochecks.co.uk/what-to-do-if-your-tenant-is-refusing-a-gas-safety-check/

Karen,

Keep a record of all the attends to gain access with follow-up letters. Then apply to the courts for access to have the two inspections carried out. all costs can be charged back to the tenant. I would also apply for S8. The courts are very backed up so each will take ages to be heard but its shows you are taking your responsible seriouly.
Also if you have not alined you rent with te market your losing out on double the rental income by now. Once you have them out look at putting in a third party order on their bank account and or empolyer. You will need to funds to refurbish the property to let out, of you continue on this route.