UK Landlord Forum / Life

A plumber that I use for my rental properties was asked to make arrangements directly with a new tenant for a Gas Safety Inspection & Boiler Service (Both expire on the 26th January 16) The plumber confirmed arrangements with the tenant some ten days ago but this morning (the day of the appointment) the tenant cancelled.

I have since e-mailed the tenant and stated that my understanding was that she had cancelled the appointment and that it would be necessary for the inspection/service work to be conducted before 26th January. I also stated that if for any reason she was away from home or unable to allow access then it would be necessary for me to arrange access myself.............This being stated within the AST agreement and subject to 24hrs written notice

My question is that if access were subsequently refused what are my options and am I on difficult ground if the Gas Safety Cert and Boiler Service have notbeen conducted     

Cancellations happen, right? Things go wrong in people's lives that mean well-planned things just get thrown up in the air. Rather than the totally self-centred approach you appear to be taking (but I'm, of course, willing to stand corrected), have you tried to ask the Tenant why they cancelled? If it's no more than forgetfulness or some kind of protest, I'd be rather annoyed... but if there's a hospital appointment or a family bereavement it would be a different kettle of fish...

Boiler service isn't going to be an issue, I assume you've left a window for continuing coverage anyway (26 Jan.). You shouldn't be running without a GSC but it's not your fault... you just need to try again.

I would not force my way into the property if you have been refused access... I would just ensure I had it in some form of writing.

Is there other background here, or is it a very simple issue that can easily be resolved without anyone going off the handle and doing weird stuff?

Do you pick up the phone on your Tenant? I mean... it's just a better form of communication than email (I like emails myself).

I'm going to add... a cancellation is different to them simply not being there when the Plumber turned-up (and they'd definitely want a missed call-out fee).

The "Self-centred " approach is not something I'm about to apologise for after reading some of the horror stories on this forum

My motive in choosing e-mail to communicate with the tenant was to place on record the fact that I was doing my best to comply with legislation. Phone calls are all well and good no use in law if there are problems down the line! The tenant could as easily have advised me of the cancellation(by phone), but did not.

So how long would you allow a tenant to remain in a property without a gas safety cert before exercising your right to enter the property form the inspection to be conducted

I'd not do that.

I'd keep a record of the times I arranged for it to happen and, for whatever reason, it didn't. That would fully protect me from any legislation issues.

You've not answered whether you know the reason for the cancellation... it might be an entirely genuine reason that everyone would understand and accept.

Be wary of advice from a forum, do your own research

"So how long would you allow a tenant to remain in a property without a gas safety cert before exercising your right to enter the property form the inspection to be conducted"

I would advise some caution regarding the above statement.
This isn't a black and white situation at all.
Technically speaking a tenant's right to peaceful enjoyment etc. is set out in the Law of Property Act and supersedes anything written in an agreement unless the clause in the agreement is enforced by court.
Serving a notice and then entering if there is no response doesn't work legally. 
Imagine if it did then landlords would run riot over tenants - (if only)

However it's very grey and never been ever properly resolved whether the tenant has effectively given the Landlord permission to enter by signing an agreement that states "the Landlord can enter upon giving 24 hours notice" but it would seem unlikely that could be enforced e.g. woman tenant afraid of male landlord entering at anytime; and in any case there is nothing that prevents the tenant from revoking that permission later. 
What would be better contract drafting is that the tenant must give permission for the Landlord to enter if [ list specific reasons]
but in either case an affirmative response is required by the tenant.

There have been applications to amend the Gas Safety (Installation and Use) Regulations 1998 to allow a Landlord to enter to service a gas appliance even if a tenant refuses (never mind doesnt respond) but that has never got very far, further reinforcing the idea that you need the tenants permission.  In fact currently you need to get a court injunction to allow you to go and get a CP12 if the tenant doesn't respond affirmatively.

Legally speaking you don't have permission to enter and so therefore cannot - but you might get a different answer from others.
If you did "break in" then you would be up for harrasment charges - boo hoo indeed!

Also keeping a record that you tried "...would fully protect [me] from any legislation issues." is not strictly speaking correct it is not guaranteed to, but it does improve your chances of not being prosecuted dramatically.  You are doing the right thing by keeping an email trail and make sure your plumber keeps a record of his visit.

But I would call and speak to the tenant to see if this is a real problem (yuo have the email as well its not a one or other communication...Ive called, emailed,  texted and visited a tenant (I know - but that reads worse than it was) ...if they are not behind with the rent then usually there isn't much reason for the tenant not to allow the check.

Best of luck

I'd like to modify my statement to become:

I'd be fully confident that that would fully protect me from any legislation issues.

And I would... after all, I can realistically do no more. The Tenant is aware of the importance and the need and if they refuse persistently it doesn't reach a point where I just barge my way in. I bet this is a mountain out of a molehill anyway. The OP is giving no background, thus far, on the cancellation. It must be a secret.

Agree

Agree

and

Agree

Ok.................Thanks for the useful feedback and now some clarifications

At the time of my original post the tenant had not informed me that she had cancelled the inspection, the plumber did

Since sending my tenant an e-mail she has responded and provided a reasonable explanation as to why the appointment was cancelled ..................A new appointment has since been made between tenant and plumber direct, although why that could not have been arranged at the time the inspection was originally cancelled was not apparent. Hopefully the next inspection will go ahead as planned and yes maybe this is a storm in a teacup

When making my original post I had no intention of entering the property without the required notice or permission, neither did my mail to the tenant suggest this, but I was concerned about how to handle the situation if the tenant was not cooperating. Seems that my only course of action would be to keep formal records of the correspondence in case the absence of a Gas Safety Cert came home to roost

   

All's well that... ends.

Yeah but..... it is still a secret.

Good spot. I think we should be told...