Urgent Advice - Gas Safety Inspection

[Katherine]

I hope someone can help me here.

Does anyone know if you can enter a property without tenants permission to get a gas safety inspection carried out?

The current certificate runs out on Monday.

I Have organised for a gas inspector to carry out the check on Tuesday but when we rang the tenant to give notice of the visit he refused us permsission to give the inspector a key which he agreed to in the previous year.

We think he is being awkward due to other ongoing issues.

He says he will be in all day on Tuesday and has asked us to give the gasman his mobile no so that the gasman can give him a time on the day.

The gas man will not be tied down to a specific time other than am or pm.

I believe the tenant will not answer the door to him on the day.

Where do we stand legally if the gas man can't get in and the certificate runs out that day?

Any urgent help would be greatly appreciated.

[Trenners]

Hi Katherine,

You need to check your tenancy agreement but most agreements allow you immediate access to the property (with or without the tenants permission) to "comply with anything lawful".

It is against the law to not have a current gas safety certificate so I would remind the tenant of the clause and say that you will be undertaking the test on Monday.

However - you (or your letting agent) should accompany the gas engineer throughout the safety test. It is very reasonable for the tenant to demand that "strangers" are not given un-supervised access to their home.

Good luck,

Mark

[red40]

Quite simply Katherine no you cant enter the premises without the tenants permission.

I can only quote you what the Gas Safety Regulations say with regards to access problems and tenants. All reasonable steps should be taken by a landlord to ensure access to a property for safety checks and maintenace work is obtained.

It is what is deemed 'reasonable steps' by the gas regs and only a court could decide that.

You should be keeping a record of your actions if access is still being refused, as this will be necessary to demonstrate the steps taken to discharge you duties under regulation 39 of the gas safety regulations. Action to gain access does not involve making arrangements for forced entry into the property.

Keep records, letters, telephone calls, etc to demonstrate what actions you have taken at all times.

Below is the Statutory Instrument for the Gas Safety (Installation and Use) Regulations 1998, refer to regulation 39 for the official wording (you might have to cut and paste it)

http://www.opsi.gov.uk/si/si1998/98245105.htm#39

Regulation 36 is what refers to the Duties of a landlord.