Landlord visit - is it compulsory?

[EmeraldEyelashes]

Hi I hoped someone might be able to answer this, I’ve looked online but can’t find much just vague info.

I rent privately via a lettings agent and once a year a representative from the company comes to check the property. I’ve just heard from them and the guy wants to come this week to do a full check which takes about an hour.

I also have to have gas and electric safety checks this week and have been told they’ll take approx 2 hours in total. I understand these are essential, however would I be unreasonable to ask that they wear a mask?

I really don’t feel ok about the annual check though, we are in a hotspot with 60 cases per 100k. I’m not shielding BUT I do have a medical condition which could be dangerous with Covid due to the medication I take. I haven’t let any family members in this house for 6 months now and am extremely careful, I also have a child who may be affected more seriously by the virus.

Is there anyone who can say whether I legally have to let this visit go ahead? Thank you!

The latest guidance is here:

www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities

You want chapter 3 of the first document - Guidance for landlords and tenants. It all seems a bit vague - landlords and tenants should work together, pragmatic approach to enforcement etc.

It says they must follow the guidance on working safely in people's homes which is here:

www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/homes

Are you in an area with local restrictions? The guidance says:

Where restrictions are put in place in a specific local area, any local advice should also be observed. Unless specifically permitted, no work should be carried out in a tenants’ home unless it is to remedy a direct risk that affects their safety or the safety of their household.

Thank you very much, I appreciate this and was trying to find something similar but couldn’t. We’re not in a local lockdown but we may be about to go into one any day now. I’ll play it by ear. Thank you again

Hi OP, we've been in an identical situation with both an annual tenancy inspection earlier in the year and more recently the gas safety check being due.

We haven't allowed either due to DH being vulnerable. The tenancy inspection they were more than happy for us to take a video of the house and send them that.

The gas safety check has been slightly more problematic in getting them to agree to postpone. The law states that the landlord only has to prove that they've taken reasonable steps in attempting to arrange the check. What we did was put in writing to the landlord and the letting agency that we understand it's due and that they have tried to arrange but we do not wish to grant access at present.

The letting agency tried to push it but we held firm and they agreed to leave it for now.

If you do decide to let the inspections go ahead then yes you absolutely insist on a mask. We were told that the engineer would be in full PPE.

We had the annual gas check last week, he wore a mask, washed hands on arrival and I was allowed to leave him there if I didn't want to be in the house with him

Thanks both of you so much for replying. That’s really interesting that you refused @Lucindainthesky - that’s exactly the way I feel I want to handle it but don’t want to be an awkward tenant! I admire you for standing your ground.

@movingonup20 I’m glad the engineer wore PPE, that’s so important. I didn’t mention it in my OP but I’m also wary because we had to have a plumber out in April, and I was assured he would wear a mask and gloves. He didn’t and I wasn’t courageous enough to mention anything and felt so vulnerable after. I do also have severe anxiety so I know I probably sound silly to some people.

Thanks so much again for the replies.

Btw @Lucindainthesky I just reread what I wrote and I don’t think at all you’re an awkward tenant, I fully agree with you. Just worried that the agency will think that about me.

It's perfectly reasonable to postpone non emergency visits during the pandemic.

Remember also, you're legally obliged to self isolate if you have symptoms...

I am a landlord - I'd say if it's not urgent ask to reschedule. Any emergency work must be carried out. At the end of the day it is, as pointed above, a case of working together. Your landlord wants the property to be in a good condition and you want to be allowed to stay. So try and ask to postpone if not urgent and if they can't, then ask them to wear masks, wash their hands, and any other measures you feel are necessary and reasonable. My two cents.

I don’t think you would come across as awkward. Doing a video tour for the annual visit sounds like a good idea.

The gas and electrical checks are an expense for the landlord, they do them because it’s a legal requirement. So I don’t see why they would mind not doing it as long as they weren’t in breach of regulations.

Also it’s worth bearing in mind that electrical safety checks are a new requirement therefore quite likely to flag up problems which then have to be fixed, which would be another tradesman visit.

I think having your annual gas check done is important for your families safety also your land lord needs to get it done sooner rather than later. Boilers are being worked on a engineers can go into houses safely.

The gas safety check has been slightly more problematic in getting them to agree to postpone. The law states that the landlord only has to prove that they've taken reasonable steps in attempting to arrange the check. What we did was put in writing to the landlord and the letting agency that we understand it's due and that they have tried to arrange but we do not wish to grant access at present

Problem is that if something is unsafe about the gas and you didn't allow the safety check then that could be harmful to your family and you couldn't blame the LL.

For most people the gas safety check is not likely to cause their family any harm but due to your husband's health having the safety check brings the possible risk of COVID exposure so you have decided not to allow it. Only YOU can decide what is right for you in your circumstances.

Thanks so much all, these replies are incredibly helpful. I’m fine with the gas check and it’s out of date too, so I would class that as urgent. It only takes around 30 mins too.

It’s the electric one I’m anxious about, he said around 90 mins and he’s going to have to spend a fair amount of time in each room checking all the sockets etc.

Then of course the annual general visit, that’s another hour of having someone in here and as I said,none of my own family haven’t come in for 6 months now.
The video tour is an amazing idea, I will put that to him and see what he says.

I’ll ask for the gas engineer to wear PPE and just hope he does!

Honestly? You need the checks done. I'm a LL and on more than one occasion electrical and gas checks have shown up serious issues that need immediate works. I appreciate what you are saying but the risk of fire, gas leak or electrocution is a real issue.

I appreciate your anxiety around Covid but the gas and electric certs are there to protect you too from fire risks etc and it is a LL's legal duty to complete these otherwise if something happens they can be prosecuted or sued.

Can you go for a walk or be outside / on a balcony whilst they conduct. Of course they should wear masks and ask them to wash when then enter etc I think that's an obvious.

Don't worry OP I didn't think you meant I was being awkward!

To the other posters saying how important the gas safety checks are...are homeowners having gas safety checks done atm in the middle of a pandemic if they are vulnerable? I suspect they are not.

We know that if something goes wrong the landlord won't be to blame and that's effectively what we've put in writing to them. We have working carbon monoxide alarms that are regularly tested and no problems since the check a year ago. We're very happy to take the risk and exercise our right not to allow access at present.

The gas safety check has to be done. If it’s not up to date the landlord’s insurance would be invalid. Go out if you’re worried.

Elephantday that's not correct. The landlord just has to demonstrate they've taken reasonable steps to arrange a check. Nothing would be invalidated if they can do that.

Do you have a garden you could stay in for the checks? By all means dig your heels in over the inspection, you don't have to allow access for that anyway, but I really would want the gas and electric checks if at all possible. They can quite literally be lifesavers.

If they're so important why isn't it mandatory for homeowners to have them each year?

They're about liability.

Hi OP.

I am an inventory clerk, one of the nosy parkers who does the check for landlords and agents.

Like almost all other clerks I know I have a DIY inspection for tenants to complete. It is easy to do, takes a short while and has been suggested and supported by The AIIC and ARLA.

The inspection you describe soudns very heavy handed! An hour? A full check sounds more intrusive than I would ever be, more so these days!

If I were you I would ask if you could do a "Self Service Report" get them to send a template - as suggested by most letting agent/landlird assiciations.

The safety checks are different. The law has changed again (electrical checks) and landlords have no choice but to try and get them done. Current government guidance is full of platitudes and suggestions that everyone plays nice but no hard guidance.

Nothing would be invalidated if they can do that. Except being able to serve notice, should that ever become possible again!

Assuming a tenant is paying their rent on time and looking after the property, it would be a foolish landlord who served notice because they didn't wish to grant non essential access during a pandemic. Better the devil you know!

And why on earth would they do that if they don't need to?