They can't let themselves into my home like this, can they?

[GoGlobalGloria]

Had a letter from letting agent to say the gas safety check is due. Been here five years and my landlord (who is lovely) usually arranges this without the letting agent involved as it is cheaper for him.

The tone of the letter is quite nasty. Apparently the engineer will be coming on Friday and will have keys to let himself in. He has apparently tried several times to contact me (he hasn't) but has had no response.

I am very unhappy about a total stranger letting himself into my home, particularly as I won't be here on Friday. The landlord is unhappy about it too, he knows nothing about it and wants to use his own bloke as usual.

Before I send an angry email, just want to make sure I can legally refuse this? I know the gas safety check is a legal requirement and I am not intending to refuse to have one. I just want it at a convenient time when I am at home, and my landlord wants it to be someone he has authorised.

[liletsthepink]

Your landlord needs to email the agent (so it's written evidence) to say he doesn't give permission for this inspection, won't be paying for it and will arrange his own engineer to provide the inspection. As long as your landlord's usual engineer is corgi registered a gas safety certificate will be valid. Your landlord should think about using a different letting agent instead of renewing when he gets to the end of the contract term.

You have every right to refuse entry for an inspection that has been arranged without your agreement.

The agents sound like they don't care about how they treat their tenents or landlords which is a very effective way to lose business to their competitors!

[shillwheeler]

It does depend upon the terms of your contract. Entry into the property for a specific reason (and subject to certain conditions like notice) is not incompatible with quiet enjoyment necessarily.

That said, most tenancy agreements require the giving of notice except for cases of real emergency and the agent should definitely try and agree a mutually convenient time for the gas safety inspection.

I would tell them that you are not happy, the engineer has not contacted you and you do not consent. At the same time make arrangements with your landlord. Better, get the landlord to tell the agents and cc. you in.

I had this all the time with my old agents (as a landlord). I suspect because they get a kick back from their tame engineers. They got pretty threatening with me, as a landlord, so can think what they were like with the tenant. It's important to get the gas safety checks done, and they have to be done every year before the due date. I'd speak to your landlord, agree a date, then send a stiffly worded email to the agent.

[WLF46]

Are you sure that the tone is 'nasty'? Why would it be?

As someone who rented for many years I can assure you that letters from letting agencies can be nasty, intimidating, dismissive and downright unpleasant - and that's when you've paid your rent on time, every time the whole time you've been there.

They are a business, they are there to make money out of you. They don't care whether their letter sounds nasty or not. They don't care that the person receiving it might be vulnerable. They can just demand access to your home at a time of their choosing, and threaten you with excessive charges before you've even thought about asking them to reschedule.

One of most peoples' basic needs is the security and safety of a home. Somewhere where they have the right to refuse to let people in if they don't want to. By their very nature, letting agencies have to trample on this basic right, and by their very nature this can seem "nasty".

If you've never rented for more than a few months (especially from an agency) and have never owned a leasehold flat, you don't know how lucky you've been.

[shillwheeler]

Agree liletsthepink. That's why I walked, but standard with some national agencies.

[Trifleorbust]

This is what the CAB has to say:

Your landlord also has a right to enter the property to inspect the state of repair or to empty a fuel slot meter, but they should always ask for your permission and should give you at least 24 hours notice.

If you are staying in lodgings where it is agreed that your landlord provides a room-cleaning service or where you share a room with other lodgers, your landlord can enter without permission.

Your landlord does not have a right to enter in any other circumstances unless they have a court order.

So they need your permission, unless it is an emergency OR they have a court order. An agent of your LL and your LL are interchangeable here. The tenancy agreement may back them up in court if they are trying to get a court order to enter the property, but they CAN'T enter if you have denied permission unless it is an emergency.

[user1471446905]

I also wonder about this 'nasty' tone. It sound like a simple issue that can be resolves without any problems. The landlord simply needs to advise the letting agency that he is sorting out the gas cert. This does not need to be a great dramatic battle, however your use of the word 'nasty' about the letter makes me wonder if you are hoping for a battle or conflict.

[PenguinsandPebbles]

Well, but it's also an implied term in any lease that a tenant must give the landlord reasonable access for repairs and inspections. It is also likely that an assured shorthold tenancy contains an express clause stating that the tenant must give reasonable access.

But as a tennant you can refuse, it is my interpretation of reasonable as a tennant that counts, it might not be in the best interest of the tennant but the tennant can still ultimately refuse and then the only way the landlord or agent can gain entry is via a court order.

It's not in her best interest not to let them do this work, of course it isn't but this is not the issue she wants to know does she have to let them have access to her home without her being there at a time that is not convenient for her, because she has been sent a demanding letter from the agent and the answer to this is that she does not have to let them in until it is convenient to her, and that is her right as a tenant.

[thisisafakename]

It's not in her best interest not to let them do this work, of course it isn't but this is not the issue she wants to know does she have to let them have access to her home without her being there at a time that is not convenient for her, because she has been sent a demanding letter from the agent and the answer to this is that she does not have to let them in until it is convenient to her, and that is her right as a tenant

Oh, I agree that she should be within her rights to rearrange the appointment to a suitable time. However, obviously ultimately the check has to be carried out and access will need to be gained at some point.

Regarding the tone of the letter, it might be that estate agents sometimes write in quite 'matter of fact' style that might come across as hostile to tenants. I have (sadly) rented for many years and have encountered crappy letting agents, but I think my advice is to pick your battles. I have never had an issue with allowing people in to do repairs even if I am not there, but I can of course appreciate that others feel more strongly about wanting to be there.

But as I said before, this should be a non-issue because the landlord can just call the estate agent to cancel the appointment.

[PenguinsandPebbles]

I just think many tenants think they have to allow what ever a landlord or letting agent wants, when in reality they really don't.

I also think that is why the letters are written in "that tone" because by writing them in this way the tennant is put on a back foot become a bit nervous and doesn't want to cause a fuss in case they loose their home, so they end up bending over backwards and putting up with more than they really have too.

In reality the letting agent just wants to arrange and get on with the job whatever that may be as they can then move onto the next thing, they don't want to waste time taking into account the tenants preferences.

So often they see tennant as second class citizens with the landlords being their clients. In my view it's the tenants who should be seen as the customers as they are the ones actually handing over the money to live in the property.

But also agree if on good terms with the landlord he/she needs to just say no! Maybe they are just as scared of the letting agent

[user1471446905]

Maybe if tenants pay the fees they can be looked at as the clients! Don't think they will go for that somehow!

[HelenaDove]

Penguins it is a huge gap in consumer law that needs changing. The landlords are seen as the customer and the tenants are seen as a nuisance at best and collateral damage at worst.

Ive seen instances where engineers have failed to turn up to gas safety checks SEVEN times in a row to the same tenant. But the tenant is not seen as the customer even though it is their time being wasted. There are loads of complaints on the fb pages and twitter feeds of some of the companies who have taken on these contracts.

[PenguinsandPebbles]

Maybe if tenants pay the fees they can be looked at as the clients! Don't think they will go for that somehow!

Of course the tennant pays the fee, even if it's indirectly. To rent a property via a letting agent is 9 times out of 10 more expensive, because the rental price is increased to cover this cost.

[PenguinsandPebbles]

In no other business model would people be on the side of the supplier, the tennant is the customer the landlord is the supplier the letting agent is the intermediate between the too.

[specialsubject]

Let landlord sort it. He will want to use his own gas person as before given what the agency will charge.tell him what has happened as agency are taking the piss.

Tenancy between landlord and agent. Agency agreement between landlord and agent. Two different things , fun as it is to jump on the landlord hate bandwagon with journo crap. Agencies not regulated.

Landlords /agents can be in trouble for letting themselves in, even for gas cert as it isn't an emergency.

[PenguinsandPebbles]

The tenant is still the end customer, and the rent they pay is still what is paying for the agent to run the property no matter how you cut the mustard, or who signs what agreement.

I really don't see people jumping on the "landlord hate wagon" as such, I may have missed it what I see is people explaining what legal right the OP has with regards to access to her home that the letting agent is demanding.

[Trifleorbust]

It doesn't really matter who the end customer is. When the LL rents out the property they relinquish the right to unfettered access.