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
8:44 AM, 11th October 2024, About 2 years ago
Reply to the comment left by Jonathan Willis at 11/10/2024 – 08:35
Thank you Jonathan. It sounds like I am doing the right thing by staying away from the property until the tenant responds and agrees a visit (if he responds) I’m asking the agent to log everything and HSE have been helpful.
A reader advised informing the local authority should the cert expire do you know the benefit of this? If it means more evidence in my favour I suppose it’s a good record?!?!
Member Since September 2023 - Comments: 157
9:08 AM, 11th October 2024, About 2 years ago
Reply to the comment left by Alison Clark at 11/10/2024 – 08:44
It’s nice to get a second opinion from online, but trust your paid for legal advice from a qualified solicitor. There is no harm in letting the council and HSE aware of the issue, and you have made reason attempts to get it done. If you do go down the s8 route the input from HSE/council could sway it in your favour if they advice was it’s urgently required.
Different councils have different rules, so it’s certainly useful to contact them incase their are specific rules on your area about license requirements and if the gas safety certificate has an impact on it
Member Since January 2020 - Comments: 134
9:24 AM, 11th October 2024, About 2 years ago
Reply to the comment left by Jonathan Willis at 11/10/2024 – 08:35
Thanks for the explanation.
In practice, I suppose it could ultimately end up in court.
Member Since April 2024 - Comments: 284
9:54 AM, 11th October 2024, About 2 years ago
Reply to the comment left by Jonathan Willis at 11/10/2024 – 09:08
Thank you. I will call the council to check. I could include the councils requirements maybe in a second letter to the tenant.
HSE said to call back once cert expires. Like you advise. It would be helpful to have something in writing from all parties to strengthen the s8.
DAS Law are calling me back again. I’m not in a selective licence area, sorry if that is what you were meaning.
Thank you for replying and giving sound advice. This is much appreciated.
Member Since April 2024 - Comments: 284
9:57 AM, 11th October 2024, About 2 years ago
Reply to the comment left by Jonathan Willis at 11/10/2024 – 09:08
Agent has just messaged me that they have given the tenant an appointment day and time for Thursday 17th and they will use the management keys! I’m a bit nervous about this if he does not respond and the engineer gains access?
Member Since September 2023 - Comments: 157
9:59 AM, 11th October 2024, About 2 years ago
Reply to the comment left by Alison Clark at 11/10/2024 – 09:57
If tenant hasn’t provided permission. It would be trespass, but nothing would come of it. It’s a civil issue.
Member Since April 2024 - Comments: 284
11:33 AM, 11th October 2024, About 2 years ago
Reply to the comment left by Jonathan Willis at 11/10/2024 – 09:59
Thank you. I’m going to speak with agent now face to face! Young girl new to the service. I’ll advise they can offer this appointment and ask for a response. I’ll check AST access re access.
Member Since May 2019 - Comments: 123
7:39 AM, 12th October 2024, About 2 years ago
Consider the following:
Is he growing cannabis?
Is he hiding something from the law or engaged in illegal activity – fiddeling the meters?
Is he using the opportunity of prevarication as a means to force you to act in getting him out so that he can then get Council Housing ? (Note: he will not get Council Housing if he is owes you rent?.
A cunning creature no doubt.
Keep us informed of your progress and best wishes to you in dealing with him.
Carchester
Member Since April 2024 - Comments: 284
7:54 AM, 12th October 2024, About 2 years ago
Reply to the comment left by Carchester at 12/10/2024 – 07:39
Thank you. I will do Carchester.
Member Since March 2024 - Comments: 64
8:13 AM, 12th October 2024, About 2 years ago
Reply to the comment left by Alison Clark at 10/10/2024 – 16:43
You are right to use a S21on these people, the boiler check is for their safety and mandatory for us, but as the others say just keep records of your attempts and your agent should back you up of course.
There really should be a tenant database alongside the proposed LL database. I know that there are dodgy LLs out there, but there are far more bad and stupid tenants.