UK Landlord Forum / Life

Very odd situation. The tenant left with three months in arrears and leave some funiture in the house. Communication has broken up. I already sent the eviction letter. It will take 6-8 weeks to get a possession letter. But it is winter, I need to visit the house to make sure the boiler is working properly to protect the water pipes. Am I allowed to do so? What can I do?

Send a letter stating that you will be conducting a viewing in 24 hours and if they aren't there for the inspection you'll still be carrying it out.

Always be wary of advice from a blog (especially my own)
Do your own research

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 like I wrote above you might get a different answer from others.

Given the abandonment situiation and the fact the tenant has done a runner -- The non legally speaking advice:  It would be interesting (maybe not strictly legal) if perhaps when you visited the property you thought you smelled gas and therefore were duty bound after trying to phone the tenant to go in and check the boiler...   although some might ask why you went into a house that you thought was full of gas

Best of luck

Not wishing to deflect any of the excellent and objective advice given by TAL below....

If it were me I would take my chances and argue that it was reasonable that you needed entry.  You could even give 72 hours notice and film yourself posting the letter through the door.

There is a big difference between barging in on a well behaved resident tenant without giving proper notice, and; wanting to check your property when the tenant is three months in areas, appears to have done a runner and has possibly left the place in a poor condition.

If you need anyone to phone you about the smell of gas I noticed when I walked past your property, let me know 

Oh I fully agree...with Martha.
In this case I would bring along my brother (other trustworthy person) who also has a keen sense of smell and could corroborate that we smelled gas.   
If you are sure he has done a runner then do what you need...as you are waiting for the court order dont disturb the furniture or do anything else.

By the way know your obligation in respect of the tenants belongings (Tort Interference with Goods Act) and then decide whether to dump the stuff anyway once the court has given you possession...I know what I would do. 

Best of luck.

Thank you very much. I would hope things can be done without being noticed even. Otherwise, I'd say I smelled gas.