Tenant refusing access for gas safety check?
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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Member Since April 2024 - Comments: 284
6:32 PM, 6th February 2025, About 1 year ago
Reply to the comment left by Michael Crofts at 06/02/2025 – 16:45
Hi Michael.
I have just had a call back from Paul Landlord Action. He agrees the tenant can ignore and can refuse access but the agent then needs to refer the tenant to his tenancy agreement and not allowing LL access (following the correct legal notice) is a breach.
If the tenant still says no, but agrees to the agent, at least we have tried.
It does not sound like it would be worth applying for a court injunction order, due to timescales and cost.
Member Since December 2022 - Comments: 82
9:06 AM, 7th February 2025, About 1 year ago
Reply to the comment left by Alison Clark at 06/02/2025 – 18:32
Alison – I have sent a private message.
All – This question of whether tenants are able to refuse entry keeps cropping up. I’ve seen it discussed almost since the internet and the first landlord forums started. I think I’m right and I’ve been in this game, off and on, for 60 years, privately and later professionally. This time I’m going to try and get a definitive answer (assuming a judgement of the highest court in the land isn’t definitive).
Member Since April 2024 - Comments: 284
9:22 AM, 7th February 2025, About 1 year ago
Reply to the comment left by Michael Crofts at 07/02/2025 – 09:06
Thank you. I’ll try and find my private messages!
Member Since April 2024 - Comments: 284
9:29 AM, 7th February 2025, About 1 year ago
Reply to the comment left by Alison Clark at 07/02/2025 – 09:22
I have enabled my messages! Will keep looking for your message. Thank you.
Member Since August 2024 - Comments: 21
1:50 PM, 9th February 2025, About 1 year ago
Hello, I’ve been following with interest as I have a similar situation.
Can anyone advise on Court Injunctions-how long they take, costs etc.
Thank you
Member Since April 2024 - Comments: 284
2:41 PM, 9th February 2025, About 1 year ago
Hi Ronaldroo. Paul from landlord Action maybe able to provide this. I have connected Michael to Paul hopefully they are discussing this topic Monday afternoon.
Michael are you able to ask Paul
please the above question? Or others may response on Property 118? I am interested too.
Member Since August 2024 - Comments: 21
3:03 PM, 9th February 2025, About 1 year ago
Thank you.
It is very frustrating when you are trying to do the right thing for the tenant.
Mine will no longer reply to messages despite trying countless times.
The local authority has been notified but offered little helpful advice.
I see an Injunction as the only option left.
Member Since April 2024 - Comments: 284
4:37 PM, 9th February 2025, About 1 year ago
Reply to the comment left by RonaldRoo at 09/02/2025 – 15:03
I am surprised the LA PRS team are not willing to help? Is your property registered under the LA PRS Scheme?
Is it for an inspection like myself? I am assuming you self manage?
Member Since December 2022 - Comments: 82
5:00 PM, 9th February 2025, About 1 year ago
Reply to the comment left by Alison Clark at 09/02/2025 – 14:41
I’m hoping to speak to him on Monday. If anything comes of this I’ll post here. This is also an active topic on the Landlord Law Blog, the post entitled: Can this landlord enter her tenant’s property whether she is in or not?
Member Since April 2024 - Comments: 284
5:40 PM, 9th February 2025, About 1 year ago
Thank you Michael.