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.

confusedbeetle - our legal team told us we couldnt gain access to property to do gas certificate, despite the fact we had a clause in our contract allowing access for essential maintenance - unless the tenant agreed. Especially as we were serving a 21 notice. It would have 'spoiled the tenants piece and enjoyment of the property' apparently

OP, I am not sufficiently knowledgeable about renting to comment on this, other than stating that having regularly read the MSE forums on renting, it is nice to read of a LL who takes their responsibilities seriously.

I would second what scaryteacher said on page 6, but rather than offering it to the tenants, I would also offer their parents the option of buying it. However, you need to work out how much you would save in terms of estate agents, removals (if you intend to leave furniture etc.) and knock that off the amount you ask them for it. Give them say 6 weeks - 2 months to think it through. That then takes you to mid March when you should be safe to issue your S21. I do know from reading MSE than in order for the S21 to be valid, you need to have protected the deposit and issued the prescribed information. Otherwise you need to return the deposit before the S21 is valid.

second what malbec says in their second para. we had to give the deposit back before issuing section 21 because we had not given the tenant information on how to get their protected deposit back (they knew where it was but we hadnt issued one tiny bit of paperwork)

www.telegraph.co.uk/property/fire-and-carbon-monoxide/british-homes-most-at-risk-from-carbon-monoxide-poisoning/

This is why it’s law to have the checks

If there is no gas safe cert for a rented property the building insurance is invalid.

The building insurance may be invalid. Which is one of the reasons the LL has to take steps they can prove later to show they did everything they could, up to taking legal action, to get the inspection done.

Firstly the tenant should have signed on the AST that the landlord can enter the property for essential maintenance and repairs provided 24 hours notice is given.

Clauses in an AST don't over-rule the law. The LL can only enter without a court order for emergency repairs without the tenants permission.

Firstly the tenant should have signed on the AST that the landlord can enter the property for essential maintenance and repairs provided 24 hours notice is given

It doesn't matter one iota what they signed, the law overrides the tenancy agreement and that law states you cannot enter without the tenant's permission except in an emergency. Gas safety certificate, while important, is not an emergency.

You should make sure you've taken all reasonable steps to arrange the safety check such as letters sent by recorded post, phone calls (use your mobile and screenshot the time/date/duration of the call), and emails or text messages. That's your back covered, you've tried and can prove you've tried, any consequences are then on the tenant's head.

Do not force entry and do not cap off the gas, both of these will only exacerbate the situation and you would be breaking the law.

Seek legal advice about serving notice to make sure it's all done above board and you meet all your requirements.

You said there have been no replies, are you absolutely sure they're getting the messages?

It's a bit of a misconception that everyone in Europe, especially Germany, rents. I only know of two German friends/ work colleagues who are in rentals. The other dozen or so all own their homes.

Please OP go over to landlordzone

The advice given in most posts here is just wrong.

There's too much to refute now, so please, just pop over to the residential letting forum and get some proper advice you can trust.

All the renters thinking landlords are just chucking people out of their home, do you not realise you’re signed a contract for a fixed period of time?!

OP have you tried calling them? I wouldn’t necessarily assume that not responding to texts is due to them refusing to cooperate because they resent having to move out, especially if they’ve been reasonable until now. Maybe they’re having some sort of family crisis of their own?

We’re tenants who are having to move due to the owner selling up, and yes, it does “suck balls” as a previous poster so eloquently stated. But it’s a risk of renting, and being arsey isn’t going to change to the owner’s mind, so we’ve been as reasonable and accommodating as possible.

I have called them and they don't answer. I can see from the WhatsApp message that they have seen my messages. I will keep calm and take the sensible advice that people have given.

irishgurl - make sure you keep a record of that call, so that you have it in future if required

If there is no gas safe cert for a rented property the building insurance is invalid. No gas safe cert on my house that I let out - people should try to remember that not everywhere has mains gas!

Before anyone wades in, the oil boiler is checked annually and serviced.

ShirleyPhallus
All the renters thinking landlords are just chucking people out of their home, do you not realise you’re signed a contract for a fixed period of time?!

Even in a fixed term tenancy (Assured shorthold tenancy) a landlord has to give a reasonable notice period. If they want a tennant out at the end of agreement then they still have to give notice.

@BoneyBackJefferson

That’s not what I’m questioning. People who say they’ve been chucked out after a few years likely signed a year’s contract then continued to renew the lease a year at a time

How can anyone be surprised then that the lease comes to an end?

@ShirleyPhallus and it works both ways, I’ve been landed in the shit by people who’ve said they want a long term rental and then leave after 6 months. It’s just how it goes.

I think you’re being a bit disingenuous Shirley. Unless there’s a change in circumstance where the owner needs to sell the property, there’s no reason why a good tenant who pays the rent, keeps the place on good order and who the owner can trust, should not have their annual contract renewed for as long as they want to live there. I know a family who has lived in their rented flat for 25 years!

That’s why “professional” landlords, rather than ones who have fallen into through having a “spare” property, can be a really good thing, because they’re less likely to sell up due to a change in circumstances.

Well there is an update. I emailed again with written evidence of how many times I had tried to contact them. The husband contacted me and said they hadn't known I had contacted them. I don't think this is true as for example, the WhatsApp message turned blue and they signed for a registered letter. Anyway, the reply was polite and gave me an hour window in which they would be available. I contacted the gas supplier and begged for an appointment in that time, even though they normally have slots of five hours. Gas people were great as they could see how many times I had tried to make appointments. So hopefully the checks will now be made. In the meantime, I am trying every route to see if the money we need can be raised in a different way and we could keep this house. I'm not saying this to them until the gas check is done as without this there can be no trust between us as landlord and tenant. I am very humbled by the people who took the time to comment and give helpful advice. I took a deep breath and tried to remember that the tenants were upset and acting possibly out of fear. I do think it is foolish to assume that a tenancy is going to be renewed every year though. The system isn't perfect but landlords are also people with lives and circumstances do change. I'll update again in February.

I also think think that a reliable and honest landlord can be just as efficient as a private company. We have had other tenants for years and years and I hear horror stories about some company landlords. At least we can be flexible and look at each tenant as an individual.

I'm a tenant with a good landlord, and I think you've gone above and beyond.

Glad to hear you’ve had a response OP! Hopefully communication is easier for you going forward and they don’t become obstructive.

I’m a private tenant and I have lived with the constant “threat” of being given notice for my entire adult life. My current tenancy was the first one that had a new annual contract every year which was great as I knew I had at least a year from signing in which to relax. The dread comes when signing time comes around every year. This year it wasn’t renewed due to the LL personal circumstances and I now I have to move. I’m gutted. I have no idea what sort of LL I will end up with or where we will go. I don’t hold anything against my LL. they had been fantastic and have no choice but to move in here themselves. But it still sucks ass. I can never settle anywhere.

Some bizarre views on their thread, do some people honestly think that landlords should wait for their tenants to decide to move before they can sell a property they own?

Anyway, we had exactly this problem with one of our tenants on a property last year, took legal action and the advice was than the emergency clause was USUALLY something unexpected but didn't necessarily have to be, it just had to be something urgent. The gas check becomes urgent on the day after it runs out. Therefore we sent a letter to them informing that they gas check would be carried out on XXX day and that we were using the emergency clause to enter the property. And we did...

Sure OP, I wasn’t criticising you and your situation and I’m sure you’re a great landlord. I was only pointing out generally that professional / company landlords were much less likely to have to sell up or want their property back to live in themselves due to a change in circumstances, so could potentially offer more security. If you’d been happy with your tenants up until now and weren’t affected by the health crisis which means you need to sell, surely you would have been renewing their contract rather than making them move out and replacing them just for the sake of it?