Tenant refusing access for gas safety check?

Tenant refusing access for gas safety check?

0:01 AM, 10th October 2024, About 4 weeks ago 124

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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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Alison Clark

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8:23 AM, 12th October 2024, About 3 weeks ago

Reply to the comment left by Jonathan Willis at 11/10/2024 - 09:08
Hi Jonathan. DAS Law concurred it’s good advice to self report to the council - then they have my concerns/details on record just in case the tenant approaches them to say (the LL did not renew my gas certificate.)

Alison Clark

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8:33 AM, 12th October 2024, About 3 weeks ago

Reply to the comment left by GARY RIVETT at 12/10/2024 - 08:13
I agree Gary.

S21 is sat waiting along with all documents. On a separate note to the gas - I want to give 3 months notice (Feb 25) on s21 to avoid any early decisions from gov to abolish s21 sooner. I know this will leave me 3 months to apply for a possession order (if it comes to this) I can’t see a problem with this ???? Agent keeps saying I can ONLY give 2 months.

Does anyone know when the clock starts re possession orders. I just imagined most, if not all LL would be online the very next day if tenant hasn’t vacated!!!! Why do I need the standard 4 months to do this ?

Thank you

PH

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10:21 AM, 12th October 2024, About 3 weeks ago

Reply to the comment left by Alison Clark at 12/10/2024 - 08:33
What does the contract say re how much notice? Stick rigidly to what it says .

Jonathan Willis

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11:07 AM, 12th October 2024, About 3 weeks ago

Reply to the comment left by Alison Clark at 12/10/2024 - 08:33
Check the tenancy agreement. Does it mention if a contractual periodic tenancy forms or not. If not, a statutory periodic will form, and you'll need to give 2 months notice for the s21 to be valid. If you have a contractual periodic tenancy, then refer to your contract as to what notice is required but I doubt it's more than 2 months anyway. You don't have to wait for the fixed term to expire to serve notice, you can give notice so it's dated outside the fixed term. You do however need to request a possession order from the court within 6 months of serving notice.

Alison Clark

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11:44 AM, 12th October 2024, About 3 weeks ago

Reply to the comment left by PH at 12/10/2024 - 10:21
AST says
Commencement date and expiry date there is no mention of fixed term but presume there is a start and end date this is the same.

Provides definition of EXPIRY DATE
Means the date specified in schedule 1 or the termination of any extension or continuation or any Statutory Periodic Tenancy which arises thereafter.

Agent contract just mentions if I wish them to serve s21. I’m feeling this it’s going to be best just servicing the standard 2 notice and do not deviate from this.

PH

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11:48 AM, 12th October 2024, About 3 weeks ago

Reply to the comment left by Alison Clark at 12/10/2024 - 11:44
Does it not state how many months notice to evict the tenant ? Usually it's 2 months.

PH

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11:56 AM, 12th October 2024, About 3 weeks ago

Here is what my contract states:
Early Termination
5.18 It is agreed between the parties that either party may terminate this Agreement as follows:
5.18.1 By the Landlord giving to the Tenant at least 2 Month's written notice
5.18.2 By the Tenant giving to the Landlord at least 1 Month's written notice. Such
notice to expire on the last day of a rental period.
5.18.3 Under this clause notice cannot take effect earlier than the last day of the 6 month of the tenancy.
... therefore I could serve notice more than 2 months if I wanted to .

Alison Clark

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11:59 AM, 12th October 2024, About 3 weeks ago

Reply to the comment left by PH at 12/10/2024 - 11:48
It’s a fixed term.
Doesn’t mention specifically notice period with s21.

Agreement to let and rent.
Recovery of possession provided for in a s21.

Alison Clark

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12:02 PM, 12th October 2024, About 3 weeks ago

Reply to the comment left by PH at 12/10/2024 - 11:56
I know 5.18 well!!!

BLANK - no break clause.

I requested this but agent omitted!

This now makes more sense given NO 5.18.

Jonathan Willis

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12:06 PM, 12th October 2024, About 3 weeks ago

Reply to the comment left by Alison Clark at 12/10/2024 - 12:02
Seperatly to your issues with the tenant. You maybe able to sue the estate agent for negligence if you requested a break clause but they omitted it unless you had final say on wording of the agreement.

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