Spire Posted June 19, 2007 Report Share Posted June 19, 2007 Hi All This is my first post on here, hope someone will be able to give me some guidance Okay here is my problem, I have a Tennant that I am currently trying to evict, I am filling the court papers in later tonight, however the Gas check which I am sure you all know is a mandatary check needs doing, well in fact is overdue, my problem is that the tennant will not repond to my request to arrange an appointment for the gas man to do the checks. So do I have the right to enter the property without the tennants consent? to enable the gas man to do the required tests. Thnaks Link to comment Share on other sites More sharing options...
J4L Posted June 19, 2007 Report Share Posted June 19, 2007 I'm guessing you've issued a section 21 already? To answer your question, NO you cannot enter the property without the tenants consent (unless of course it's an emergency ) Why not just log your requests to perform these checks and wait for him to go. If anyone is going to question it then you will have proof that he's been anything but accomodating to you. Yes it's mandatory but who's going to challenge you (apart from the tenant) in the run up to his eviction? Do you use an agent at all? If so put the ball in their court, that's what we get paid for. Gareth Link to comment Share on other sites More sharing options...
GPEL Posted June 19, 2007 Report Share Posted June 19, 2007 Protect your backside. Make sure you document and record your attempts to gain access and get proof of delivery. Explain quite clearly that you are being prevented by them from meeting your mandatory obligations and it is something that could affect their safety. Link to comment Share on other sites More sharing options...
lauralivesartnouveau Posted June 19, 2007 Report Share Posted June 19, 2007 Hi It is my understanding that if you push a note through the door giving a minimum of 48 hrs notice specifying the day and time you have the right of entry with your key unless they refuse. The refusal needs to be in writing this can include an email or txt so long as you can confirm the tenant is the sender. If you get no reply go in and do the job. Oliver Link to comment Share on other sites More sharing options...
J4L Posted June 19, 2007 Report Share Posted June 19, 2007 I don't think this is strictly correct Oliver to be honest. Where did you get this information so I can take a look. Gareth Link to comment Share on other sites More sharing options...
lauralivesartnouveau Posted June 19, 2007 Report Share Posted June 19, 2007 I don't think this is strictly correct Oliver to be honest. Where did you get this information so I can take a look. Gareth Hi Gareth This was advice given to me by my local council housing officer. She normally represents my tenants in all legal housing matters and advised me of this on behalf of my tenant who I was evicting at the time. If the tenant refuses then obviously you cant enter however if you get no response than so long as notice of entry was given you can go in and undertake necessary maintenance. This link refers to landlord entry rights of only 24hrs http://www.lbwf.gov.uk/index/housing/housi...air-private.htm Oliver Link to comment Share on other sites More sharing options...
Spire Posted June 19, 2007 Author Report Share Posted June 19, 2007 Hi Thanks for your replies, yes I have issued a Section 21 notice and a S8 notice and I am filing the papers with the court tommorow for possesion of the property. I am also tommorow giving the tennant written noctice that if he does not contact me to allow the gas check to be carried out I will enter the property Tuesday next week to carry out the gas check well my gas man will under my supervision. I have been advised since I posted here that I do have the right to enter the property to get the gas check carried out if my tennant will not cooperate. It's a bit of a minefield I reckon with the law stacked against Landlords, mabye it's time to get out of the letting game and sell my properties Link to comment Share on other sites More sharing options...
GPEL Posted June 19, 2007 Report Share Posted June 19, 2007 There's no right of access without the tenants approval otherwise you are open to accusations of trespass. Council officials aren't necessarily authorities of the information they advise. Link to comment Share on other sites More sharing options...
lauralivesartnouveau Posted June 20, 2007 Report Share Posted June 20, 2007 Hi collector If your getting no response and your in the process of serving possession proceedings then it is possible that the tenant has done a runner. I have had three abandonment’s this year the sign to check for is if they have left your keys. Tenants sometimes live in squalor so a trashed premises not necessarily a sign of abandonment. I ask the neighbours and then check wardrobes and power. It might be worth the check before you pay your court fee. Oliver Link to comment Share on other sites More sharing options...
J4L Posted June 20, 2007 Report Share Posted June 20, 2007 Hi again Oliver, I've had a read of the link and I'm going to quote it now here :- Landlords right of entry If you are a tenant, your landlord cannot enter your home without your permission unless it is an emergency. If your landlord wants to inspect the property for disrepair, they should give you at least 24 hours notice in writing before they carry it out. Personally I don't think performing a gas safety check would be classed as a 'disrepair'. The end statement is a bit vague as in, yes a landlord should give 24 hours notice in writing but it DOESN'T say in this document anywhere that if a Tenant refuses then you can just do it. ''It's a bit of a minefield I reckon with the law stacked against Landlords, mabye it's time to get out of the letting game and sell my properties'' I wouldn't get too worried about this because it's a minor hurdle, wait til you've got them out and then do your checks. and certainly don't let this minor issue force you out of letting. I've heard of much worse case scenarios than this. Gareth Link to comment Share on other sites More sharing options...
lauralivesartnouveau Posted June 20, 2007 Report Share Posted June 20, 2007 Hi again Oliver, I've had a read of the link and I'm going to quote it now here :- Landlords right of entry If you are a tenant, your landlord cannot enter your home without your permission unless it is an emergency. If your landlord wants to inspect the property for disrepair, they should give you at least 24 hours notice in writing before they carry it out. Personally I don't think performing a gas safety check would be classed as a 'disrepair'. The end statement is a bit vague as in, yes a landlord should give 24 hours notice in writing but it DOESN'T say in this document anywhere that if a Tenant refuses then you can just do it. ''It's a bit of a minefield I reckon with the law stacked against Landlords, mabye it's time to get out of the letting game and sell my properties'' I wouldn't get too worried about this because it's a minor hurdle, wait til you've got them out and then do your checks. and certainly don't let this minor issue force you out of letting. I've heard of much worse case scenarios than this. Gareth Hi Gareth Of course you can’t enter a premises if the tenant refuses. In this case though I thought there was no response at all in which case no refusal was given. Oliver Link to comment Share on other sites More sharing options...
J4L Posted June 20, 2007 Report Share Posted June 20, 2007 Hi Gareth Of course you can’t enter a premises if the tenant refuses. In this case though I thought there was no response at all in which case no refusal was given. Oliver Nor has permission been given. Link to comment Share on other sites More sharing options...
angelatpowell@yahoo.co.uk Posted June 23, 2007 Report Share Posted June 23, 2007 It is a legal requirement to have boiler inspections every year in rented accomodation. If the tenant is not allowing access to the premises then you can start (another) lot of legal procedings against them. One thing you could try is to arrange for the inspection to take place and inform the tenant of the date and am/pm. You may need to do this 3 times but it will ensure that you have fulfilled your legal robligation and the onus is squarely on the tennant shoulders. Good Luck. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 23, 2007 Report Share Posted June 23, 2007 If you cant gain access, then you cant be sure that the installation is safe........................ Is their any legislation that could be usedto say that the gas should be cut off on the basis that it could be a clear and present danger to the occupants ?? As none of us could live with a death due to this situation ..................?? Surely this situation could be deemed an "emergency" - If a neighbour reported burst pipes in a prop of mine i would enter If next door were to suggest that they could smell gas coming from prop - would that suffice..........?? This is clearly in the interest of safety. Simon Simon Link to comment Share on other sites More sharing options...
GPEL Posted June 23, 2007 Report Share Posted June 23, 2007 It's not in the interest of safety, it's in the interest of covering your a**e. Make 2 attempts to notify the tenant and complete the work. If the tenant has been given notice and advised of the consequences you're safe if they deny access. Under H & S legislation individuals are also responsible for their own actions. The only way the gas could be cut off is by TRANSCO or supplier with a court warrant, which is up to them to persue. Link to comment Share on other sites More sharing options...
shamsingh04 Posted June 23, 2007 Report Share Posted June 23, 2007 Hi I work for an housing association and carry out there gas checks. If the tenant is out and we can not gain access on the third attempt within a twelve day period, we are authorised to ring Transco and cut the gas supply to the property. Making sure you get a reference number to keep with your records. Some housing associations give us the authority to get a lock smith and break in. Your main priority is to get that cp12 certificate within twelve mounths. Sham. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 23, 2007 Report Share Posted June 23, 2007 Thank you Sham A safe and sensible solution with your AxxE covered .............!! and the bonus, a Tenant who may just be a little more motivated to adhere to the eviction process .........! Presumably the bill for doing this and getting reconnected is then passed on to the Tenant ? All good stuff............ Link to comment Share on other sites More sharing options...
shamsingh04 Posted June 24, 2007 Report Share Posted June 24, 2007 Yes most definatley keep your axxe covered. And all charges are put to the tenant. Sham Link to comment Share on other sites More sharing options...
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