Tenant refusing access for gas safety check?

Reply to the comment left by Carlacarla at 13/02/2025 – 21:11
The only issue to worry about is illegal eviction, not trespass. By entering without permission, just once, and for good reason. They can’t claim it’s harassment, and there is no financial loss to trespass for them to sue you over.

But if you turn up with your spare keys, and the lock has been changed. Then gaining access is more difficult and something you’ll need advice for. It’s likely not advisable to break or pick the lock, then replace it, as that could be seen as eviction. Although you may be ok if you offer them a replacement key. Accepting the key would certainly confirm the tenancy is in force, and thus liability for the rent unpaid until it is ended by a judge.

A common law tenancy would mean s21 is not required, since it’s only for an AST.

Options are to my knowledge, s8 notice for rent arrears if they are 2 months or more overdue. This is a mandatory ground. You still need to goto court for a possession order.

Serve a notice of abandonment, but it’s not something I know well and it’s certainly something to be careful of it the tenant then claims they have been illegally evicted when you retake possession. So there are “risks”, but how you mitigate it might be to simply provide the keys to them if requested.

Offer a deed of surrender. Assuming the tenant replies, if they have expressly agreed to surrender the tenancy, you can take this as the tenancy is over. Making it clear that as part of it, the property will be considered vacant and returned to your possession (regardless of the return of the keys).

Or Serve a notice to quit. Often done by the tenant, but Since it’s no longer an AST , you as the landlord can end the tenancy using a notice to quit. If the tenant doesn’t return possession, you still need to goto court to get a possession order. Remember you can get possession with costs, so all of this and the rent arrears will be owed, and ultimately secured with a CCJ.

A CCJ will make it very difficult for them to rent again in private sector.

Reply to the comment left by Jonathan Willis at 13/02/2025 – 21:25
Thank you so much.

I have an eviction specialist and will speak with them tomorrow.

Appreciate you taking time to reply.

Good luck Carlacarla.

Reply to the comment left by Alison Clark at 14/02/2025 – 08:47
Thank you.

The tenenat is seeking to sell part of the bathroom furniture they fitted (with permission) a few years ago.

My tenancy is clear that any improvements belong to the landlord. However, the landlord can agree to removal providing the tenant makes good on repair back to original condition.

I am not giving permission to remove the shower fixture and I am quoting the relevant clause in the tenancy.

Tenant saying they are removing it and selling it.

Any advice?

Reply to the comment left by Carlacarla at 14/02/2025 – 10:19
Not in this situation, other than follow what the Police advise and make the tenant aware, it may make him think twice!

I hope feedback from your post on 118 helps.

Reply to the comment left by Jonathan Willis at 14/12/2024 – 17:44
Hi Jonathan. Apologies, totally unrelated to the above. I struggled to find you to send a message.

I do not expect you to remember, but you will have seen my previous posts. I have struggled for a long time with a poor Letting Agent and an appalling tenant. Finally, I was able to serve s21 this month giving the tenant plenty of notice (tenancy ends 27/5/25.)

Following months to gain access for the final inspection, the tenant agreed and this was carried out 2 weeks ago. However, yet again the tenant after the agent requested all keys to be available for the visit, had an excuse regarding the garage keys and no access or images were uploaded into the inspection app. Attempts have been made for a second visit for this purpose only and the LA suggested the tenant take his own photos if this was less disruptive and email them NO images! The agent seems to think since s21 has now been served, this will be inspected during the check out. Is this ok or should I pursue the tenant to complete the inspection? It leaves me feeling suspicious.

The second query is. Only yesterday the tenant requested leaving a month early 28/4. I do not have a problem with this, as it was a relief! I advised the agent this is agreeable on the arrangement the tenant agrees to sign a deed of surrender and states this is writing. I have my own template from my legal insurance advice line and I have included a few additional clauses. Nothing unreasonable, eg, clear all rubbish etc. I am unsure whether to use my copy or ask the agent to draft the deed (there will be a fee probably? The agent then requested my copy be sent over for the tenant to sign. I advised this will be signed on the day the keys are handed over. This is not their usually process when terminating an AST early ( I had no break clause.) they forgot to include this! It is usually agreed by email between LL and tenant, they seem unfamiliar with deed of surrender and I just want to get everything correct. Thank you.

Reply to the comment left by Alison Clark at 21/03/2025 – 15:59
A deed of surrender is ideal, it shows an offer and acceptance by both to end the tenancy before the end of the fixed term. This would be better than the tenant providing notice within a fixed term where their notice could be seen as invalid, as neither of you can unilateral end the tenancy.

I’m unclear why you are doing final inspections, potentially months before the tenant has left. The inspection is for your benefit and theirs, once they have left and returned keys you can still do your own inspection, compare the condition to when they moved in, then put in a deposit deduction with the tenant/DPS.

This s21 checker is written from the tenants perspective, but answer the questions to make sure your s21 notice is valid – https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/section_21_validity_checker

You say you have given them lots of time, but it sounds like 2 months and 1 week, the legal minimum is 2 months, less than that and the notice is invalid.

Just to add, if they do sign a deed of surrender. That’s only ending the tenancy, not giving you possession. You would start to start mensi profits under the distress of rent act 1737, instead of rent.

If they are looking to leave, get a deed of surrender signed, and agree how keys will be handed over, i.e. can you goto the property on the day and collect in person etc.

Reply to the comment left by Jonathan Willis at 21/03/2025 – 16:14
We have given 2 months and 3 weeks notice. More than the 2 month minimum.

The final inspection is only the Letting Agent contractual final visit under a fully managed service. They will attend at an extra cost and I have an independent check out booked.

I could get to the property but would prefer to go to the branch. I do not feel comfortable with the tenant. Could the agent witness his signature on the deed and collect the keys and I sign afterwards.

Can you explain NO possession please. I presume once the keys are handed in and the deed signed by LL and tenant and witnessed. The tenancy has ended and I can access my property, change locks and begin the deposit deduction (if any?) process and put it up for sale.

Reply to the comment left by Alison Clark at 21/03/2025 – 17:01
The estate agent can do it for you, they are your agent, they act on your behalf, anything they do is binding on you, even their mistakes.

Signing a deed of surrender, only terminates the tenancy. When a tenant moves in the tenancy starts and possession is obtained by them. Ending the tenancy and ending possession is also two seperate steps. Much like a tenant can give notice to end a tenancy but then still refuse to move out and return the keys.

Possession order in court + baliffs is the only way to gain possession if a tenant won’t volentarily leave.

So you can proceed, get a signed deed of surrender. And see if the tenant leaves on the day agreed.