Tenant refusing access for gas safety check?

If it could be a safety risk you should disconnect it

Reply to the comment left by Jonathan Willis at 13/10/2024 – 10:32
Jonathan Willis is correct and I’m sorry for my lapse of memory – a sign that I really ought to serve s21s myself and retire!
But my point about the Renter’s Rights Bill is correct.
Alison said: 18mth Fixed term until May 2025. s21 will be March.
Without tying myself to specific dates I think the s.21 notice could be served in December.
Therefore it is possible the notice can be served in time for it to remain valid after the Renter’s Rights Act 2024 commencement date.
I certainly would not wait until March. I would check and double-check the earliest date for serving a s.21 notice and pay a professional to serve it.

Reply to the comment left by Michael Crofts at 13/10/2024 – 12:09
Spot on, you can serve now, so long as you give atleast 2 months notice and still have enough time to arrange a court date.

I don’t know what’s coming in the renters form if it will come at all. Been coming for so long I haven’t read it for quite some time.

My preference is a online system to manage alot of it, including deposits which can be shared between tenancies so you don’t need it back before you can start the next one. It would show what dates matter and what actions can be taken. Because the issues I see are always so similar. The law is clear on most things so we could settle most of it in an automated workflow. There are of course exceptions.

Reply to the comment left by Michael Crofts at 13/10/2024 – 12:09
Thank you Michael. You wouldn’t let the agent serve it? I was going to check who was drawing up the section, as I would prefer it to be a property manager or lettings director, not the branch manager who is more focussed on sales or the new lettings negotiators. No disrespect!

I agree. This is exactly my dilemma when to serve? I do not wish to wait until March!!! Even February feels more comfortable. My fully managed contract does not say anything about minimums or maximums just the agent can s21 for me! I am only issuing 3 months early opposed to 2. Surely this is better for the tenant.

Reply to the comment left by Michael Crofts at 13/10/2024 – 10:11
Thank you. The tenant has been given a weeks notice by telephone/email and letter regarding the agent with (management keys) and gas engineer will gain access to revalidate the gas cert. (I’m concerned tenant could cancel this within 24hrs) then what? The last thing I need is to not have a valid gas cert with my s21. I appreciate I can provide the evidence tenant refused access, but I would rather avoid any uncertainties from the judge if we need to go to court!

Jonathan I think you have answered most of my concerns already. My head is just a bit scrambled.

Reply to the comment left by Manish Bhatia at 10/10/2024 – 02:00
Can I just double check the 3 attempts?

Is this an engineer physically going to the property 3 times with no access or 3 attempts to make contact with the tenant? Apologies that probably sounds like a stupid question! Thanks.

Reply to the comment left by PH at 12/10/2024 – 14:42

“The tenant is responsible for the CT upto & Inc the tenancy expiry date regardless of him being there or not.”

Not if the tenancy has rolled to a statutory periodic tenancy (defaulted simply as ‘periodic tenancy’ on many agreements).

You agreement needs to be clear and specify that any periodic tenancy is a contractual periodic tenancy to avoid being pursued for CT by the council if the tenant leaves early and tells the council but neglects to inform you too.

Often this only involves you getting taken for one day’s worth of CT at the end of a tenancy but it could very easily be a lot more.

This is an immensely irritating – less so because of the money involved (if only 24 hours worth that is) but dealing with the council in order to get the matter resolved is a right PITA.

Reply to the comment left by Jonathan Willis at 12/10/2024 – 12:43
That is good to know! Tenant is still liable when tenancy ends but if still occupying the property! Thank you.

Reply to the comment left by Alison Clark at 13/10/2024 – 17:49
Three attempts to contact the tenant.

I had recent reason to confirm this as one of my agents is now up to attempt SEVEN to persuade a tenant to let the engineer in for the safety check!

Reply to the comment left by Jonathan Willis at 13/10/2024 – 12:19
How long does it take to be given a court date? Does this date need to be within the remainder period left on the s21 notice.