Tenant refusing access for gas safety check?

Reply to the comment left by Alison Clark at 09/02/2025 – 16:37
No, we don’t need to register.
I have a letting agent and the tenant is also ignoring them.

The council (LA) simply referred me to
the Gov.uk website.

We have an ongoing s21 but cert.
due to expire.

Reply to the comment left by RonaldRoo at 09/02/2025 – 18:16
That’s not very helpful by the council. It’s good you have a record of this!

I hope it works out and the tenant leaves on the day s21 expires or makes contact beforehand. I’m sure Michael will post again!

Reply to the comment left by Olivier Cargill at 10/10/2024 – 10:05
It should be made illegal for tenants to obstruct a landlord or their agent attempting to comply with their duty under current housing legislation. The usual safeguards for tenants would need to apply such as adequate notice etc. This should also be grounds for eviction if access is unreasonably refused 3 times. It’s time the government woke up to the fact that not all landlords are devils and not all tenants are angels.

Reply to the comment left by Cyril Moseley at 10/02/2025 – 11:56
I agree. RRB is the ideal opportunity to also make changes to support Landlords regarding such issues!

Reply to the comment left by Alison Clark at 09/02/2025 – 18:46
Paul Shamplina of Landlord Action telephoned me this evening at Alison’s request. It was very kind of him to respond to this.
He has acted for both landlords and tenants and can see this question from both sides.
Just as a reminder, my point of view assumes a case where (a) there is a well-drafted clause in the lease/tenancy agreement which reserves a right of access to the landlord, and (b) the landlord has complied with the conditions in that clause. My question to Paul was, are there any cases which are authority for either the proposition that if a landlord has complied with those conditions it can enter using its own key without the tenant’s permission, or that it cannot?
Pau’s response is that he thinks that the risk of a landlord acting as I suggest is that the tenant might make some sort of application (to a court) which would entail cost and time to deal with. He thinks the safest way of proceeding would be for the landlord to make an application to the court for an order allowing it to enter. But he does NOT know of any cases where the matter has been settled. He thinks that if there were ever to be such a case the judgement would be ‘very facts based’, in other words it would be based on the facts of the particular case.
He agrees that in cases of emergency when notice is impractical (he gave as an example the smell of gas) a landlord would be able to enter without notice – of course any well-drafted lease does reserve that right. And I should add that such entry should never be forced or at an unreasonable time.
So we are not really any further forward. I still think that in the limited circumstances I have described a landlord can use its own key to enter and nobody has yet offered anything other than opinion, here or anywhere else, to show I am wrong. But that does not prove I am right, it’s just my opinion based on reading every case I have found which touches on the question.

Reply to the comment left by Michael Crofts at 10/02/2025 – 18:29
Thank you Michael for taking the time to post this update. I will thank Paul too.
I hope this information is helpful to RonaldRoo.

My tenant made contact with the agent late Friday afternoon and is engaging with them regarding access for an inspection. I won’t be present at the tenants request, which is frustrating, but I would rather we gain access with agent than not at all. I have provided the agent with an additional checklist and requested keys held at the branch are taken, as the tenant has made excuses in the past, he cannot find keys to the garage etc.

Reply to the comment left by Alison Clark at 10/02/2025 – 20:29
Yes, it is, thank you.
I’m hopefully proceeding with an injunction-finalising details.

I strongly believe there should be penalties/tenants compelled to grant access for safety issues. It’s not only an issue for the rental property but the neighbouring houses and general public.
A gas explosion would cause extensive damage, with innocent people potentially caught up in it.

Reply to the comment left by Alison Clark at 10/02/2025 – 20:29
Yes, it is, thank you.
Pleased to hear your matter is progressing.
I’m hopefully proceeding with an injunction-finalising details.

I strongly believe there should be penalties/tenants compelled to grant access for safety issues. It’s not only an issue for the rental property but the neighbouring houses and general public.
A gas explosion would cause extensive damage, with innocent people potentially caught up in it.

Reply to the comment left by RonaldRoo at 11/02/2025 – 07:36
Is your agent assisting with this RonaldRoo? Keep us posted on your progress and good luck. I know this is stressful!

Reply to the comment left by Alison Clark at 11/02/2025 – 07:44Yes, please keep us informed. Threads liken this often end without anyone knowing the final result.