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.

Cap the gas, (if meter outside)

This is a great plan if you want to get done for harassment (see hamiltonfraser.co.uk/knowledge/gas-safety-inspections/)

Cap the gas? Does that mean cut it off??

jimmyhill
where do you get the money to pay the rent?

Christ there really are some lowlife scum around here.

That’s a fair point. They may end up waiting for the council to rehouse. If you haven’t served the sec 21 already as pointed it wouldn’t be valid without the checks being upto date. I take the deposit is 100% legit.

The council would tell them to sit it out till the bailiffs remove, they will also let you believe your notice is valid until a judge rules that it isn’t meaning you have to issue a brand new one all over again. The tenants can even ask for an extension from the judge themselves too.

You really need to cross your T’s and dot your i’s with specialist legal advice not an estate agents they would sell you a banana and swear it’s an orange someone actually legally trained in housing law.

where do you get the money to pay the rent?

None of your business

Ironically Jimmy is actually the one poster who is now talking sense.

Focus on their rights and don’t panic

Ironically Jimmy is actually the one poster who is now talking sense.

Tbf I'm concealing it under a thick layer of twattiness

I'm not going to cut off the gas supply. I hope they act reasonably as well. And the gas certificate hasn't run out yet and was in place when I gave them notice that I'm not renewing the contract. I'm not evicting them early from a contract. I'll keep the documentation of the letters and maybe speak to a solicitor to prepare for worst case scenario.

Sorry - that was a bit rude.

I am a private landlord and try not to be a dick. But threads like this make me simultaneously wince and face palm

Rude to you I meant jimmy

If you haven’t served an actual section 21 your I’m not renewing come May doesn’t mean jack. You would then have to serve a 21 to expire July then go to court if they don’t want to leave.

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.

Honestly why comment on such things you have clearly no knowledge off.

Having a valid LGSR is a legal requirement, tenants HAVE to buy law give access to carry out a Gas Service if not they are in breach of there contract and can face court costs and fines for not allowing access, plus face eviction if access is not granted!

If the above still does not go ahead, the courts WILL issue an access order, and we will serve an eviction notice.

This as you rightly say is WHAT THE LAW STATES.

I actually take people to court and serve eviction notices for tenants who do not give access for outstanding Gas Servicing!

jimmyhill
so why is it your business how a landlord makes his money. You should be grateful someone is ready to take the risks and the burden of maintaining a property and allow you to have the flexibility of renting.

If you don't like it, you are renting. You are free to move on.

@irishgurl I took advice, my tenant lease is up in March, was planning to give them two months notice like now, thinking the more the better. Turns out they can’t even be given notice until the lease has run out so March - May in your case, you’re looking at July at the earliest if they don’t want to leave

Honestly why comment on such things you have clearly no knowledge off.

😂😂😂

Did the person who actually suggested cutting off their gas supply just post this comment? Seriously??

People become landlords for a variety of reasons and have to sell up for different reasons too - it's never to be horrible to the tenants. I had to give notice to wonderful tenants because we were returning to the U.K. and were not moving back to London (if we had been we would have still needed to give notice but for us to live there!) - they were great , showed around would be buyers and ultimately got a great price for me (before prices went up I will add). I'm still in touch with them via Facebook and it was a good news story - I let them off the last 3 months rent because I felt bad and they sold it for me so selflessly- and this money was enough with savings they had to buy a place (as I said, before prices skyrocketed). Gas safety by the way you just have to give 24 hours notice and enter during normal working hours, they cannot stop you.

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?*

You've written to them? As in a letter or you've issued all of the proper notices?

Because if you have simply written them a letter then you've not actually given them notice yet.

When my tenant refused to discuss an appointment for the gas safety inspection I was advised to send a recorded delivery letter with an appointment that I had made (with a good amount of notice) and send it to them. It was risking taking the hit of the cost if they didn't let the gas guy in, but the letter, plus invoice shows a good attempt was made. In the end mine actually let the gas man in, they just weren't communicating with me.

You wouldn’t “get done” for harrassment your covered by law, and that of your tenancy agreement. HTH

Yet again - absolute crap from MNers regarding renting issues.

A LL only has the right to enter a property against the tenant’s wishes in an emergency - fire, flood, threat to life.

A GSC, as important as it is, is not an emergency.

Doesn’t matter what clauses are on a tenancy agreement, the tenant retains the right to decide who comes in and when. A LL can send as many “24 hour notices” as he/she likes, if the tenant says no, that’s it.

OP...if you want to gain access for the GSC, you need a judge to sign off on it. Councils and HA’s regularly go to court to get warrants allowing access to properties for gas safety - if it were as easy as sending notice then coming in, they’d do that. They don’t, because they can’t.

My advjce would be send a recorded letter requesting access for the gas engineer & explaining why it’s in the interests of their safety that this is done. Wait another couple of weeks and send another. Up to you if you then approach the court for a warrant of entry or wait till May.

You do know that the tenants may not be planning to leave at the expiration of the notice, right? There!s nothing in law that says they have to, so be prepared for that.

Jesus wept the housing advise on MN is fucking scary.

Giving notice and telling them you are coming round on Friday is illegal, silence does not imply agreement.
It is a requirement to have an in date gas certificate on the property, if it blew up in March even if it was because the tenants didn’t allow access you could be taken to the cleaners by the courts.

I would suggest speaking to them because they will probably have signed something saying they won’t unreasonably withhold access, so if you really wanted to you could take them to court... but that won’t help things. If they are fucked off very personally at you would they be happier to speak directly to an engineer?

they cannot stop you.

So many ignorant “landlords”

Gas safety by the way you just have to give 24 hours notice and enter during normal working hours, they cannot stop you.

That's wrong. A LL can only enter a property without tenant permission in an emergency. A gas inspection is not an emergency.

And even if you put it in the contract it does not over rule the law.

I could put in a tenants contract that they have to make me dinner every Tuesday - isn't any more enforceable than the 24 hour rule for something that isn't an emergency.

so why is it your business how a landlord makes his money. You should be grateful someone is ready to take the risks and the burden of maintaining a property and allow you to have the flexibility of renting.

The law defines the parameters under which landlords can make money by exploiting asset and income inequality.

The law should be changed so that excess property accumulation cannot be used to drain the incomes of the asset poor.

It's my business because in this country the people make the law through the MPs we elect.

Catch up: we're not a feudal system anymore.

I live next to a rental property that's housing association owned. A lady knocked on my door one day as tenants been avoiding inspection for months (I'm guessing due to recently acquired non permitted animal). We had a chat when she asked me if I'd seen neighbours etc. If they were to continue to avoid inspection then they would be required to get bailiffs to get access. I'd assume housing association have experience in this area so I believe it.