Fobbed off by my local authority?

Fobbed off by my local authority?

14:41 PM, 3rd June 2021, About 2 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 Trapped Landlord

13:19 PM, 15th June 2021, About 2 months ago

Reply to the comment left by Chris @ Possession Friend at 12/06/2021 - 17:16
Are you sure an injunction is required ? The NRLA told me that their standard advice is to post 4 letters explaining how important the check is and they must contact the landlord to arrange. Once these are sent out and copies are filed, the landlord is then in the clear.

by Chris @ Possession Friend

13:21 PM, 15th June 2021, About 2 months ago

Reply to the comment left by Christopher Rogal at 15/06/2021 - 13:15
The form is not the hard part, its ensuring you've complied with a number of strict legal requirements First.
Tenant tactics are to recognise a failing, but not raise it until the court hearing much later.
Prior to the pandemic, 30 % of cases were dismissed. Likely to be higher now.

by Chris @ Possession Friend

13:22 PM, 15th June 2021, About 2 months ago

Reply to the comment left by Trapped Landlord at 15/06/2021 - 13:19
Contact me for fuller explanation.

by Christopher Rogal

13:42 PM, 15th June 2021, About 2 months ago

Reply to the comment left by Chris @ Possession Friend at 15/06/2021 - 13:21
True, you need to have certain documents in place before you can serve a S21. Some of them were required attachments to the tenancy agreement.

It’s worth attaching those things to the S21 notice. It shows you’re being professional and you’re aware to the relevant law.

It’s also harder for the tenant to deny ever having seen them.

by Seething Landlord

15:17 PM, 15th June 2021, About 2 months ago

Reply to the comment left by Trapped Landlord at 15/06/2021 - 13:19
In the clear for how long?

by Trapped Landlord

15:36 PM, 15th June 2021, About 2 months ago

Reply to the comment left by Seething Landlord at 15/06/2021 - 15:17
Didn't say, I assume until such time that I can evict and relet.

by Seething Landlord

15:59 PM, 15th June 2021, About 2 months ago

Reply to the comment left by Trapped Landlord at 15/06/2021 - 15:36
Yes, that's the point. It doesn't give you carte blanche to sit back and do nothing more.
In normal circumstances starting the eviction process if the tenant persists in refusing access, using either S21 or S8 (for breach of tenancy agreement) could be seen as the reasonable course of action, but in the current situation when possession is likely to take a very long time a prudent landlord might think it better for the protection of the property, the tenant and the neighbours to force the issue and obtain an injunction compelling the tenant to allow access.

by Trapped Landlord

16:19 PM, 15th June 2021, About 2 months ago

Reply to the comment left by Seething Landlord at 15/06/2021 - 15:59
Blimey, all seems a bit too textbook to me. From my point of view, other than sending letters out and short of breaking in and getting the tenant in a headlock whilst the plumber does his bit or capping the gas from outside, what reasonable steps are left for me ? because I'm certainly not going to be going after court injunctions every time one of these idiots decides not to answer the phone.

by Seething Landlord

18:05 PM, 15th June 2021, About 2 months ago

Reply to the comment left by Trapped Landlord at 15/06/2021 - 16:19
I agree it's a last resort but how are you going to serve a section 21 if you are not able to produce a current gas safety certificate?

by Trapped Landlord

18:45 PM, 15th June 2021, About 2 months ago

Reply to the comment left by Seething Landlord at 15/06/2021 - 18:05Are we certain a judge would throw it out even if the landlord can show that every effort has been made to carry out the cert ? If so, this is a woorying thought in as much that a tenant could use this as a tactic to significantly slow down an already horrendously slow eviction process. i.e., gas cert is due 1/1/21 , 4th letter drops through the door say 1/2/21. Court injunction is granted say 1/6/21.So on and so on....


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