Tenant refusing gas safety check

Tenant refusing gas safety check

12:20 PM, 9th September 2013, About 11 years ago 44

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I have a tenant who keeps making excuses for not keeping an appointment for an enginer to carry out the annual gas safety check. Tenant refusing gas safety check

He is in arrears to me for over £1,500 and I suspect he may have had his gas cut off for non payment of bills.

The previous certificate expired a couple of months ago and I’m wondering if I have any liability given the fact the tenant is responsible preventing the check.

Any thoughts?

Thanks

Adrian


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Comments

Richard Kent

15:32 PM, 10th September 2013, About 11 years ago

Reply to the comment left by "Romain " at "10/09/2013 - 15:04":

Let me clarify.

I think you will find gaining access to the property when the tenant is refusing all access can constitute harassment and a breach of Quiet Enjoyment. This includes forcing access while the tenant is in and accessing the property while the tenant is out..

This is going beyond "fulfilling his obligation" and its going beyond "all reasonable steps" in the eyes of the law.

The tenant is an adult and as such if he wants to potentially poison himself with carbon monoxide then that's his choice.

Provided he is sent the relevant letters there is not much the landlord can do.

Romain Garcin

15:37 PM, 10th September 2013, About 11 years ago

I think no-one suggested forcing access, especially while the tenant is in... which would lead to being arrested.

Using the key while the tenant is away is quite different, though not advisable at all. Was the case of compensation you mentioned similar?

Adrian Jones

15:46 PM, 10th September 2013, About 11 years ago

Reply to the comment left by " " at "10/09/2013 - 15:32":

As I said in my original post the tenant makes excuses for not keeping appointments. He has not refused access.

Therefore as I see it if he is given reasonable notice an engineer is visiting to carry out a safety check, unless he challenges it (with reason) there is no reason not to enter the property.

If he does refuse to let the engineer in I contact Environmental Health.

Richard Kent

15:47 PM, 10th September 2013, About 11 years ago

Reply to the comment left by "Romain " at "10/09/2013 - 15:37":

Hi,
Let me clarify further.

When I say forcing access, I mean using the key and opening the door when the tenant is in the property and verbally refusing access.

Also using the key when the tenant is out is also a big no no for obvious reasons.

The case I was referring to was where the landlord let themselves into the property to allow a Gas Safe engineer to carry out a safety check. The letting agent had to pay the tenant compensation due to the reasons stated.

However, no action of negligence can be made against you if you simply show you are trying to gain access by sending the tenant letters.

A solicitor acted for a tenant against me but when I showed them the letters which I had sent the tenant asking for access the solicitor dropped the case. All the letters has been signed for by the tenant.

In other words you don't have to access the property at all to stay on the right side of the law.

Are you with me?

Richard Kent

15:50 PM, 10th September 2013, About 11 years ago

Reply to the comment left by "Adrian Jones" at "10/09/2013 - 15:46":

Adrian,
My simple advice is don't enter the property without the tenants consent.

Verbal or written consent is fine.

Richard Kent

15:53 PM, 10th September 2013, About 11 years ago

Reply to the comment left by "Adrian Jones" at "10/09/2013 - 15:46":

Hi Adrian,
"Tenant makes excuses for not keeping appointments" is implying the tenant is refusing access.

You will only know whether that is the case for sure when you visit the property and speak to him.

Good luck.

Richard Kent

15:57 PM, 10th September 2013, About 11 years ago

Reply to the comment left by "Adrian Jones" at "10/09/2013 - 15:46":

P.S.
This tenant already owes you a lot of money so this should put the whole thing in context.

Also Environmental Health will do nothing apart from advising you to communicate with the tenant.

I know as I've tried it.

Good luck.

Romain Garcin

8:33 AM, 11th September 2013, About 11 years ago

Reply to the comment left by " " at "10/09/2013 - 15:47":

Thanks for your reply Richard.
However it is not clear why the letting agent had to pay compensation for something the landlord did, or even who made them pay and on what grounds (hence my question). Anyone can ask a solicitor to draft a menacing letter to scare someone out of some money because "it's a solicitor".

I think this "implied refusal", if there's any such thing, is not good enough, and would be more directive towards the tenant: I would send a notice that I _will_ attend to inspect the property and carry out GSC on give time and date well in advance and be clear to the tenant that he doesn't need to be there and that I _will_ use my own key if he isn't.
Then he would have to reply and explicitly refuse access: If he doesn't then all good, and if he does then that's a much better evidence to show the council or a court.

The landlord has a right of access for inspection and repairs, and the tenant has an obligation to facilitate access for the landlord to carry out statutory duties (GSC). So any letter should be worded accordingly.

Richard Kent

15:32 PM, 11th September 2013, About 11 years ago

Reply to the comment left by "Romain " at "11/09/2013 - 08:33":

Roman,
I can hear undertones of inexperience in your questions so I will not indulge you in many answers.

However, if you wish to take the expensive route by inviting action against you by solicitors then please carry on.

When you a faced with legal action by a solicitor it is often a case of weighing up how expensive it might get.

In the eyes of the law sending a tenant a letter is reasonable action. Entering the premises when you are being refused access by the tenant is not. Hence the case against the letting agent which I quoted earlier.

I hope you have a lot of savings and i have three words of advice for you as follows....

Good luck
Good luck
Good luck

Romain Garcin

15:46 PM, 11th September 2013, About 11 years ago

Reply to the comment left by " " at "11/09/2013 - 15:32":

Well, when someone does not want to answer a simple question and find dubious reasons to "spare me the details" it certainly raises many red flags in my book at to their degree of 'experience' 😉

I'll stand by my advice in my previous post that landlord must be directive and clearly tell the tenant that he will gain access with his own key, then refrain from proceeding only if tenant explicitly refuses that course of action.

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