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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Tenants and Gas Inspection

198 replies

Irishgurl · 19/01/2019 18:24

We have given our tenants notice that we are not renewing their lease when it expires in May. This is more than the required notice. We have asked repeatedly (Texts and three letters) to allow the gas company in to undertake the required gas checks which are due for end February. Tenant doesn't reply. Obviously we will not just enter the property but what else can I do? Tenant has previously answered texts, always paid on time. We are aware they don't want to move and have lived there 4 years but we are going to sell the property so cannot extend the lease when it runs out.Have offered to give them a good reference but I'm now very disappointed with them.

OP posts:

jimmyhill · 19/01/2019 18:27

You've just forced them out of their home. Why? (Selling it to cash in?)

Of course they're not cooperating with you.

chillpizza · 19/01/2019 18:29

Well you can go to court to get access by that isn’t going to make the relationship any better. Also technically once you give notice unless they reject then you can send someone but again that won’t help the relationship and you would need to prove they got the notice. Courts accept two proof of postage from different post offices as sufficient as proof they would of received.

Is it possible a money offer could help in the sense that they might be panicking about finding a new deposit etc so a bit of the last few months rent or something as a sweetener.

Nobody thinks nicely of their landlord when being no fault evicted.

lightningpaw · 19/01/2019 18:32

You've just forced them out of their home. Why? (Selling it to cash in?)

It’s OP’s bloody house to sell when she wishes!!

I had to move for the same reasons out of a property I loved as a student and completely understood the situation. Shame your tenants aren’t cooperating, do you go through an agency who could intervene? I’m sure if you also give them written notice that you will be entering the property on such dates for such reasons, that is within your entitlement as the property owner to make your own entry, so long as they’re aware?

Comefromaway · 19/01/2019 18:32

In your three letters did you make it clear that this is a legal requirement and you will not be held liable for any injury etc that may arise from faulty gas appliances?

If so and you have documented these attempts to gain access to the property you should be safe from prosecution.

You could apply for an injunction to access the property but if they are leaving anyway that might not be worth it.

BarbarianMum · 19/01/2019 18:34

Really jimmy. Who so you think living with an unsafe gas supply is going to hurt more - the OP or her tennants?

lightningpaw · 19/01/2019 18:35

Just to add, DH is a LL and he has said in this situation he would send a recorded signed for letter stating when he would be entering the property.

brick15 · 19/01/2019 18:36

You need to document your requests so send a letter , and keep the proof of posting. You don’t need to send it from two different post offices (unless you’re that paranoid).
Send another letter after 7 days and a third if necessary.
In the third you will need to mention that you will apply for a court injunction for which they will be liable for costs if they do not allow entry.
Whatever happens make sure that you document that you sent those letters. And keep a copy of course.
If you’re in the UK, have you issued a section 21 or just told them verbally? Given how this is going you may need to start doing things ‘officially’ or things will get delayed if the relationship continues to break down.

jimmyhill · 19/01/2019 18:36

It’s OP’s bloody house to sell when she wishes!!

It's the tenants home and they've been paying the mortgage for the last four years.

Now they're getting chucked out and the landlord wants to have gas engineers barging in at her own convenience.

Probably wants them to accommodate estate agents and viewings too!

Mumblers · 19/01/2019 18:37

Speaking as someone who was chucked out of their house after 8 years of being a very good tenant (landlady wanted to move back in)...I loved that house, was heartbroken, had raised my 2 youngest there. It hadn't helped that the letting agency had repeatedly told me the landlady would not be coming back and had asked if I wanted to buy the house.

Please remember - it's not just a house to them, it's their HOME. And they are being chucked out, through no fault of their own. They will be gutted & stressed.

I know it's law to have an annual gas check, but I think you are just going to have to wait until May.

I think I possibly would have acted the same had any inspections been due on my house during my notice period.

Passmethecrisps · 19/01/2019 18:37

For goodness sake jimmy. What do you think would happen if all private landlords stopped renting their properties? Do you imagine that everyone who currently lives in a private tent would be housed? Private rental is a perfectly legitimate business model with laws which protect the tennant at every stage. If everyone follows processes there should be no reason for becoming high and mighty.

Op, could you text them to ask for a chat toclear the air? It sounds like the eviction has taken them be surprise - did they have reason to think it would last longer?

chillpizza · 19/01/2019 18:37

They could of still objected lightning and if they did he would be the one in trouble with the law.

Doesn’t matter what landlords or agents want to believe the law is the law and if the tenant objects the only way the landlord is getting in legally is via court or in an actual emergency, gas leak, water leak, fire. Not a gas safety cert.

brick15 · 19/01/2019 18:38

You can’t enter the property if they won’t let you even if you send a recorded or signed for letter. Don’t even try. Just document that you have asked for permission.

jimmyhill · 19/01/2019 18:38

Just to add, DH is a LL and he has said in this situation he would send a recorded signed for letter stating when he would be entering the property.

Your dimwit DH would break the law by entering someone else's home under these circumstances.

chillpizza · 19/01/2019 18:40

Op you should get yourself over to landlordzone for help not mumsnet. There really are some People who will have you breaking the law on here.

Passmethecrisps · 19/01/2019 18:41

I will add that I would also let it go re the gas safety certificate. Make sure you have evidence of asking and then leave them be for a while. mumblers point is absolutely right. Just be patient if they aren’t willing to meet with you for a chat

ILoveMaxiBondi · 19/01/2019 18:41

DH is a LL and he has said in this situation he would send a recorded signed for letter stating when he would be entering the property.

Your DH doesn’t known his own job then if he thinks that allows him to gain access.

WhyDontYouComeOnOver · 19/01/2019 18:41

I thought you could enter a tenant's home as long as you give 24 hours notice?

And Jimmy - when you rent privately there's always a risk of the landlord selling up. Goodness me.

Authenticcelestialmusic · 19/01/2019 18:42

Do you have a letting agent or legal protection on your home insurance? Do not assume they will vacate in May. If you are charging under market rent they may wait for eviction via the court to secure council accommodation (depending on where you are in the UK and if council accommodation is possible). In some areas rents have risen fast and it’s not uncommon to see longer term tenants paying 25% under market rate. It’s often a shock when they start looking again.

You need to serve notice correctly, serve a section 21and take advice on starting court proceedings just in case May arrives and they refuse to vacate.

Have you explained the gas safety is for their benefit? hamiltonfraser.co.uk/knowledge/gas-safety-inspections/

It suggests making 3 inspection notice attempts (and keeping proof).

However annoyed they are they are risking their safety by denying access.

jimmyhill · 19/01/2019 18:42

Op you should get yourself over to landlordzone for help not mumsnet. There really are some People who will have you breaking the law on here.

Amen. The absolute festival of nonsense that accompanies every Mumsnet renting thread really explains a lot about why renting is so shit in this country.

Amateur landlords in it for a quick buck who think a "recorded signed for" letter trumps the law of the fucking land.

ILoveMaxiBondi · 19/01/2019 18:43

The bottom line is the tenant doesn’t have to allow access for anything.

jimmyhill · 19/01/2019 18:43

I thought you could enter a tenant's home as long as you give 24 hours notice?

You thought wrong. The law is clear on this point.

sluj · 19/01/2019 18:43

Keep a copy of all your correspondence and just apply for an injunction, takes about 2 weeks max and costs just over £300 which your tenants will have to pay. Make sure you have written and warned them that you are giving them 7 days or you will apply to court

Liverbird77 · 19/01/2019 18:43

You can enter for certain things. I think gas safety is one of those things, you just have to give notice. It is completely different to estate agents' viewings etc. It is for their safety. And please don't feel bad about selling your home. This is a risk we take when we rent (speaking as a landlord and a renter).

ILoveMaxiBondi · 19/01/2019 18:44

I thought you could enter a tenant's home as long as you give 24 hours notice?

No, you can give notice of your intention to enter. The tenant does not have to permit access.

SaucyJack · 19/01/2019 18:44

There always a risk of being run over when you cross a road.

Doesn’t mean it wouldn’t massively suck balls if it happened to you.

Goodness me.

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