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
6:12 PM, 21st March 2025, About 1 year ago
Reply to the comment left by Jonathan Willis at 21/03/2025 – 17:32
Thank you. When you say binding on you even their mistakes. You mean the buck stops with me and any mistakes they make I am still accountable?
So I can arrange the tenant to sign the deed now. However, the tenant may not vacate on the date agreed? In this case does the s21 still apply? Or can we go straight for possession once the date of the DS expires.
Member Since December 2022 - Comments: 82
6:27 PM, 21st March 2025, About 1 year ago
Alison, do make sure your agent knows what they are doing with both the drafting and the execution of the deed.
Member Since September 2023 - Comments: 157
6:45 PM, 21st March 2025, About 1 year ago
Reply to the comment left by Alison Clark at 21/03/2025 – 18:12
Yes, if the estate agent was to accidently offer them a new fixed term and they agreed, it’s binding on you. You would seperatly sue the estate agent for losses you incurred due to their incompetence.
The deed of surrender and s21 aren’t related. S21 is just a notice you indeed to seek possession in the court. If the deed is signed, then on the date the tenancy will end, the ast is over so an s21 isn’t needed as they only apply to ASTs. Instead you proceed to a possession order but without needing the s21.
If you aren’t sure, get an eviction specialist solicitor.
Member Since April 2024 - Comments: 284
6:46 PM, 21st March 2025, About 1 year ago
Reply to the comment left by Michael Crofts at 21/03/2025 – 18:27
Thank you Michael. I will.
I am trying my best to understand the process. I think from previous threads I have read. I will go to the property with the agent on the date the tenant wishes to vacate and ensure I have the keys before the tenant, agent and I sign the deed of surrender. I will speak with my legal team through my insurance on Monday. Thank you.
Member Since April 2024 - Comments: 284
6:50 PM, 21st March 2025, About 1 year ago
Reply to the comment left by Jonathan Willis at 21/03/2025 – 18:45
Thank you so much. I think this is clear in my mind now!