Tenants and Gas Inspection

[Irishgurl]

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.

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

Shrodinger’s landlord eh? Simultaneously both money-grubbing, ruthless and predatory; and trying to, you know, have her tenants not die from an explosion caused by a gas leak.

I'd change and give them two months notice now due to their lack of communication.

There should be a clause in your contract to state you need to give them 24 hours notice before entering, especially for service / maintenance requirements.
Suggest you book and notify them that you’ll be there on X date with the gas engineer; they’re not required to be present but of course are welcome to be if they prefer.

There should be a clause in your contract to state you need to give them 24 hours notice before entering

Doesn’t matter, it doesn’t override the tenants legal right to quiet enjoyment of the property. You can put whatever clauses you like in a tenancy agreement, the law is what matters.

Shrodinger’s landlord eh? Simultaneously both money-grubbing, ruthless and predatory; and trying to, you know, have her tenants not die from an explosion caused by a gas leak.

Or just arse-covering. Tenants can make their own choices. It's not like houses automatically explode the day after the magic gas safety certificate (which only confirms that the gas installation was safe a year ago) expires

You definetly need to get access for a gas safety check OP, because without a valid certificate your s21 will be invalid.

Speak to a solicitor who specialises in tenancy issues, I think this is one of the situations that you can request access but then inform that you will be entering the property. But double check.

Definetly don't wait until May, and don't expect the keys handed back in May either. Start saving money now to gain possession and make 10,000% sure your paperwork is right when you serve it. Double check the tenancy agreement now, if its a letting agents especially don't assume it's correct. And make sure that any firm you appoint to do the possession knows what they are doing.

Thanks for the replies. We are selling due to an illness in the family. I've given them written notice to leave at the end of their contract. I offered for them to talk to us if they needed different arrangements and they have not taken us up on this. There is no mortgage on the property so I'm not sure why a mortgage was mentioned? I'm not a charity and I now need to sell the house.I merely want to ensure that I comply with gas safety! They could have also told me at the end of the contract that they were leaving. The contract is only for a year. Obviously I will not enter the property and I was asking for the gas engineer to visit not me. I will record 3 letters as suggested. I'm baffled that someone thinks it is reasonable to allow their children to live in a house with a lapsed safety certificate because I no longer want to rent the house?

What happens when you call them?

Arranging a legal requirement / gas service doesn’t broach the clause regarding quiet enjoyment as it’s deemed necessary.
OP - take a look at your AST - you’ll see it in there. Additionally, assuming you have a break clause of a month or two, providing notice in Jan for a May departure is more than reasonable.

I'm baffled that someone thinks it is reasonable to allow their children to live in a house with a lapsed safety certificate because I no longer want to rent the house?

Clearly they are reckless, but it is their home and their choice and you must respect that fully.

www.gassaferegister.co.uk/help-and-advice/renting-a-property/information-for-landlords/

You need to show you have a record of reasonable steps were taken to fulfill your duty

JimmyHill, you're an arse!
Where do you think people who are unable to buy their own property should live? In a tent???
This is a supply and demand business. Many private landlords have lost shedfulls of money by bad tenants, just as much as tenants have been shafted by bad landlords. 🤷🏼‍♀️🤷🏼‍♀️

jimmyhill a gas safety certificate is a legal requirement for any rented property. The landlord must respect the law, not the tenant in this case.

The landlord faces sanctions if this is not done.

Arranging a legal requirement / gas service doesn’t broach the clause regarding quiet enjoyment as it’s deemed necessary.

Tenant still doesn’t have to grant access.

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

Evil bastard landlords wanting to ensure their tenants are safe!

When does the certificate need to be done? The trouble is, you can’t send a Section 21 unless the gas safety, EPC and How to rent booklet are in place. Having said that, I reckon you’d get a possession order pretty quickly if you did have to go to court.

The lack of communication from the tenants is worrying. I would go the route of sending the recorded letters, if still no luck, you’ll have to let it drop, but be prepared for court if they refuse to move out. It may be their home, but it’s YOUR house and you are entitled to sell.

Loving the amount of incorrect pseudo legal info on here. You have given them lots of notice, double the legal requirement. You need vacant possession for selling. See what your landlord insurance covers re lack of rent/legal aid in case they decide not to pay etc.

The issue is you can’t enforce a section 21 without a valid gas safety certificate so you’re going to have to access the property.

This is a supply and demand business.

No, it is the fulfillment of people's basic human right to a roof over their heads.

Many private landlords have lost shedfulls of money by bad tenants

They had an entire surplus house and chose to attempt to make more money by letting it. There are many lower risks ways of making a profit from your shedful of money.

I've given them written notice to leave at the end of their contract.

Please check, double-check and triple-check that you’ve done this correctly, otherwise if they don’t leave when they said/implied they will you have a very long and stressful process to follow.

The issue is you can’t enforce a section 21 without a valid gas safety certificate so you’re going to have to access the property.

You can if you can show that the tenants refused access! Court will take a dim view of any attempt by them to claim that as an invalidation of S21.

Op, you need legal advice to make sure you are prepared for the next few months.

Cover yourself legally and leave the tenants be for a while as much as you can.

You haven’t done anything wrong. It’s hard and no one wants to be on either end of this at the moment really. The tenants are losing their home and you are having to sell because of an ill family member.

And I agree with the suggestion of others to go to a specific forum.

jimmyhill
If you are generous enough to offer your time and services for free, because you wouldn't want to take money from someone, how on earth do you live? Got a money tree in your garden?

My understanding is you cannot even give the notice, not enforceable notice anyway until the actual tenancy runs out. Thank god mine have found somewhere to move to, I was braced for a battle that nobody needs.

Cap the gas, (if meter outside) if inside, give 24 hours notice, you are well within your rights to do so, it’s not only for their safety but for the neighbours also

If you are generous enough to offer your time and services for free, because you wouldn't want to take money from someone, how on earth do you live? Got a money tree in your garden?

No, I rent. My landlord has a money tree in the garden. It's his house.

Don’t be daft! You can’t turn off their gas.

If the gas is safe today as per the certificate it will be safe in February and likely again in May.

Get legal advice. Cover yourself legally but be kind. Being an arse to a family now will not help come May