Fobbed off by my local authority?

Fobbed off by my local authority?

14:41 PM, 3rd June 2021, About 4 months ago 49

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Hi all, Does anyone know the textbook answer on dealing with the following?

Despite numerous ignored phone calls and letters from myself and my gas engineer, we are unable to gain access to carry out this year’s gas safety certificate.

The certificate is now well overdue and I have been fobbed off by my local authority after asking them for advice on how to handle this. I can confirm the tenants are still occupying the house.

Many thanks

Trapped Landlord



Comments

by Dylan Morris

14:31 PM, 4th June 2021, About 4 months ago

No reason whatsoever is required to end a tenancy via Section 21. This hasn’t changed and the tenant cannot claim a revenge eviction. You don’t have to prove anything. You want you property back, end of. Of course this could change in future but for now it’s Section 21 and you’re out, that’s it end of tenancy. Get these tenants out the simple and easy way while this route is still available.

by Y Lana

16:42 PM, 4th June 2021, About 4 months ago

In the current climate, all landlords are monsters and it's easy to paint your S21 as a revenge eviction. Besides, S21 takes ages and doesn't absolve you of your responsibilities.

by Dylan Morris

16:52 PM, 4th June 2021, About 4 months ago

Reply to the comment left by Y Lana at 04/06/2021 - 16:42No it can’t be painted as a revenge eviction. Section 21 can be submitted to the Court online now. A Hearing is not required. And if all paperwork is in order the Court has to give a repossession order.

by Susan Adamson

8:13 AM, 5th June 2021, About 3 months ago

When this happens to me, I write to them giving them a date and time and let them know that I will be giving a key to the Contractor and to contact me if not suitable- it usually gets them at least to get in touch and if not I send contractor in, if they not at home the check gets done.

by Michele Hayter

9:46 AM, 5th June 2021, About 3 months ago

I’m in same situation, she wouldn't allow access last year for gas cert, due to covid and won’t this year now because she a single mum (her son is 8! and it hasn’t been a problem for the last 4 years) also shes waiting for an scan at the hospital and she said she’s still in shielding. She wont provide any evidence but she did let on she was still working, but from home as she can’t leave and we can’t go in. She has been seen taking her son to school!

My gas engineer and I have tried repeatedly to arrange access, but even when she’s made appointments she cancels at the last minute.

We have records of everything, Including one conversation with her where she cried, until I made it clear about her taking some responsibility for the safety of her child and neighbours, nothing was resolved.

In addition she says government have said it’s ok for her to stop paying rent and now be in over 6 months arrears, even though she’s still on full pay!

I’ve issued s8 & s21 and currently await to see if she vacates and see what the hell she’s been up to!

I had a situation exactly like this many years ago. It took a year on top of the notice period to get him out, the tenant was growing weed in both bedrooms and had stabbed the boiler!
He’d started out a good tenant 7 years before but was HB !!!!! and went rogue.

The council threatened to sue me if I didn’t put a new boiler in for him, whilst at the same time telling him to drag me through the courts before they’d rehouse him!

I told them to “bring it on” I’m not joking, I really said this to them. He didn’t get a boiler and they didn’t sue me!

I’m so fed up of being attacked from all angles, the council are relentless, some tenants feel like the can do anything they want, the law is hardly ever on our side even if we are in the right, have been fair, not broken any law or regulation, the tenants are in huge arrears and trashed the house!! We are still depriving them of a home, yes and we should have the right to. No other business would have these conditions placed on them.

I’ve invested 20 years of very hard work, being a great landlord (in mine and many of my tenants opinion) working full time in this business and being kind & fair.

For what? My pension is being wrecked by selfish tenants and the government, shelter, CAB and the councils.

I’m selling up, 2 houses gone, 2 more under offer, 16 to go. When she goes I’m selling that. Roll on blowing all my money and getting a council house 😁

by Chris @ Possession Friend

12:48 PM, 5th June 2021, About 3 months ago

Reply to the comment left by Michele Hayter at 05/06/2021 - 09:46
@Michele, Contact us ?

by reader

13:17 PM, 5th June 2021, About 3 months ago

Is it feasible to disconnect the supply?

by Seething Landlord

14:58 PM, 5th June 2021, About 3 months ago

The following article from Tessa Shepperson and comments on it give some authoritative guidance: https://landlordlawblog.co.uk/2014/08/18/gas-safety-check-landlord-help/

by Marie

16:09 PM, 5th June 2021, About 3 months ago

All the above re keeping a record of your endeavours is absolutely crucial. However, what does it say in your contract with the tenant? Hopefully there is a clause that says something along the lines that you can give written 24 or 48 hour notice to enter the premises for repairs and or safety or inspection. If there is then send a letter, making sure you get proof of postage at the post office (a receipt proving you posted it not recorded delivery) and then enter on the date and time you have put in the letter. If things kick off with the tenant as a result of this then you should have the law on your side. If this is the first time the tenant has done this then it could be that the property is in a bit of a mess, or they have mental health problems or lots of other reasons. But if you give them a definite date and time I am sure you will get a response from the tenant either saying not available or ok. If its the former then you just say you dont need them to be at the property to do the gas cert / inspection. Good luck

by Marcus Serene

8:45 AM, 6th June 2021, About 3 months ago

Issue a sec 21
Which you say you will withdraw providing they comply with any request you make for access to carry out your obligations as a landlord to inspect the property, for a gas cert, elec cert, or any general maintenance that may be required


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