Tenant refusing access for gas safety check?

Tenant refusing access for gas safety check?

0:01 AM, 10th October 2024, About 4 weeks ago 124

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Hi, my tenant finally agreed a day and time access for an annual gas safety check. However, because the tenant took so long to respond the engineer could no longer accommodate on the said day and time.

The agent is making contact with other engineers for their availability but the tenant is no longer responding. Agent fed back he was angry the appointment was no longer available. The booking was not short notice – a week in advance and lots of emails prior to this saying they would be booking this in as it was due.

The agent is emailing and calling the tenant. I have suggested sending a letter advising its for the tenant’s safety. Is there anything else I can do? The certificate expires Friday 18th October 2024. Should I contact HSE?

Thank you,

Alison


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Alison Clark

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19:06 PM, 13th October 2024, About 3 weeks ago

Reply to the comment left by Jonathan Willis at 13/10/2024 - 18:56
Yes there will be a transition period. Im staying positive and keeping my fingers crossed.

Jonathan Willis

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19:07 PM, 13th October 2024, About 3 weeks ago

Reply to the comment left by Michael Crofts at 13/10/2024 - 19:01
Despite, working in the betting industry for 9 years, I don't bet, because everything seems to go the other way. Even when I buy index funds for a pension, they go down the following week 🙂

I'm honestly not sure what they'll do. I do think s21 will go in it's current form for definite, but what will replace them and what will happen with existing s21 notices in flight, I suspect they'll still be allowed. Of course if you do lose a court hearing you can't issue a new s21 notice if they are no longer allowed.

Alison Clark

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19:18 PM, 13th October 2024, About 3 weeks ago

Reply to the comment left by Michael Crofts at 13/10/2024 - 18:52
My simply business - rent protection legal cover (DAS LAW) provided me with a copy of a deed of surrender. This had 1-7 clauses. I included a few extra, basically mirroring the AST. I had a different agent on the high street check it. They said it was fine.

Alison Clark

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19:37 PM, 13th October 2024, About 3 weeks ago

Reply to the comment left by Badger at 13/10/2024 - 17:49
I will be serving s21 March on a fixed term ending 27/5/25 but hopefully sooner. I will be giving notice to the agent and selling. I’m getting a little confused with the advice re periodic and contractual tenancy. I have a fixed term (in regards the council tax liability) thanks.

Jonathan Willis

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19:40 PM, 13th October 2024, About 3 weeks ago

Reply to the comment left by Alison Clark at 13/10/2024 - 19:37
A fixed term contract, when it ends will either become a contractual periodic tenancy, statutory periodic tenancy, or will end. What happens depends on what is worded in the contract, if the tenant gives notice, and if the tenant returns possession of the property back to the landlord.

Whilst a tenancy is active, the tenant is liable for council tax.

Alison Clark

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19:57 PM, 13th October 2024, About 3 weeks ago

Reply to the comment left by Jonathan Willis at 11/10/2024 - 08:35
Jonathan. Does the agent have any legal responsibility on a fully managed contract to ensure the gas check is carried out please? The agent is going with the keys with the engineer, after giving the correct notice. If it did become a civil dispute is this with me LL or agent? It’s difficult to know who is responsible when you are being fully managed yet I am the LL?

Jonathan Willis

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20:00 PM, 13th October 2024, About 3 weeks ago

Reply to the comment left by Alison Clark at 13/10/2024 - 19:57
The agent only acts on behalf of the landlord. Anything the agent does is binding on the landlord, as they are the acting agent on their behalf. The bucks always stops with the landlord.

If issues arise a landlord maybe be able to sue the estate agent for negligence or breach of contract, but that's between the landlord and estate agent. If the council issues fines, tenant does an RRO, it's always tenant against landlord, never the estate agent.

The only exception is if the estate agent rents the property from the landlord, i.e. guaranteed rent / rent to rent. In which case the estate agent is a landlord in their own right, and the estate agent is a tenant of the property owner.

Alison Clark

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20:06 PM, 13th October 2024, About 3 weeks ago

Reply to the comment left by Jonathan Willis at 13/10/2024 - 19:40
There is an end date and there is no notice period in the AST for the tenant. The only way to end the agreement early is by an early release request and agreed by both parties (deed of surrender and witnessed by agent).

Alison Clark

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20:18 PM, 13th October 2024, About 3 weeks ago

Reply to the comment left by Jonathan Willis at 13/10/2024 - 20:00
So basically. If the tenant refuses access on the day they must not force entry!!!

If the tenant gives 24hrs notice to cancel the gas check and refuse access.The agent must not attend or the engineer.

Thank you.

Jonathan Willis

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20:24 PM, 13th October 2024, About 3 weeks ago

Reply to the comment left by Alison Clark at 13/10/2024 - 20:18
If the tenant refuses access, but you go anyway, then entry via your own key would be trespass, civil issue, realistically will nothing will come of it. If the tenant has changed the locks and you have to force entry to get in, then you'll have an issue.

If there is no notice period in the contract, and no mention of a contractual periodic tenancy, then if they move out and return the keys it will end. If they stay even one day, a statutory periodic tenancy will form and they'll have to give a month's notice to end it.

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