Fobbed off by my local authority?

Section 11(6) Landlord & Tenant Act 1985 states that you can access the property for repair upon giving 24 hours notice.

Write to the tenant, quote this Act and explain the date and time that you will turn up for the gas inspection. State that it is a legal requirement to carry out the check.

If you don’t have a spare key, explain that in the event that the tenants are not able to allow access, you will gain entry via a locksmith to comply with your legal obligations and leave a new key for the tenant to collect.

Every time we have had to use this last resort approach, amazingly, you’ll find that the tenant falls into line.

https://www.legislation.gov.uk/ukpga/1985/70/section/11

I would have thought you could simply give the tenant 24 hours written notice to enter the property to do the safety check. I would 1st phone and speak with the tenant as to why they don’t want the safety check done. Perhaps it’s a misunderstanding of what is a standard process or they simply can’t afford time off from work to wait in.

Reply to the comment left by Mike at 04/06/2021 – 11:35
Does your tenancy agreement allow you to enter with reasonable notice to carry out essential maintenance?

I spoke with the NRLA yesterday and they have advised me to send out 3 letters to the tenants and file the copies. This is deemed to have taken all reasonable effort to carry out the check. We do not want to serve a 24 hour notice of entry as our gas man has been attacked before doing this and from what I have read elsewhere, this is not an emergency repair issue. Environmental health told me they do not get involved with these kinds of Landlord/ Tenant issues. It seems to me that they make up the rules as they go along since they are only too pleased to get involved once a tenant calls them out over disrepair.

We are dealing with an identical issue for a Landlord at present.

Reply to the comment left by Chris @ Possession Friend at 12/06/2021 – 12:11Chris, have you had any experience of applying for a court order to allow access for a gas inspection? Is there a simple DIY procedure? I understand that it is routine practice for local authorities and social housing associations when faced with this problem.

Reply to the comment left by Seething Landlord at 12/06/2021 – 14:55
Yes, I have, an injunction is required. I have done them for Landlords

Hi i want to serve a section 21 ,But i hear if its not filled in properly it will become invalid ? Can anyone advice me how to go about it without going thru a solicitor, My tenant is a very awkward person not letting my trades in to carry out work that she says needs doing , Then with holding rent because the jobs haven’t been done. DO i have to state a reason on the section 21 why i want her gone .?

Reply to the comment left by R PROPERTY at 15/06/2021 – 11:18
@R Property, yes lots of things to consider, its got very complicated, much to the pleasure of tenants groups and the govt – in Landlords opinion.
( We are very competitive on the whole possession process. )

I served a S21 at the beginning of June. There are really very few fields to be filled in.
I’d say make sure you put all the tenant and address information as it appears on the tenancy.
Allow four months plus (say) a week before proceedings to allow time for the notice to arrive. Get acknowledgement of receipt if you can. Failing that, proof of delivery will be useful, if only because the tenant knows they can’t deny receiving it.

I’ve videod myself doing it. You can send them the video on WhatsApp.
I don’t believe you need to give a reason under S21, but it seems to me it can’t do any harm.
The NRLA are available to members for advice. They’re extremely good in my experience.