How to gain entry to rented property

ConfusedUK_2

My wife and i have rented out a property since March. No rent has ever been recieved, also the male occupant had pending court case due [not told about it at time] I had arranged Gas safety cert to be done by B/GAS this never happened[long story due to tenants]. I then arranged another Corgi reg[ Gas Safe] engineer to do the work, this chap is a good friend of the Tenants.[stop laughing!] He sent us an email 4/6/09 saying all work carried out, cert on its way, this never arrived.
Now then this is where it gets messy[more messy]. The tenants are now facing eviction, since they have been informed of this they then called up thier friendly Corgi man and said they could smell fumes from Gas vent [outside!] coming in through the OPEN WINDOW. He then contacted me and said there seems to now be a problem, i need to report this to Gas emergancy and have it cut off, [ which has been done] I have since contacted a well known Gas company [not bg] to go into the property to 1 check his work/ 2 rectify any problem, the tenants have cancelled appointment . So i have arranged another one, can i make a forced entry? to the property, do i need Police to be present?
Today my Gas cert arrived! dated 23/5/09, and yes you guessed it , there is a problem with the system!!Does anyone want to buy a house!
Many Thanks

silvercar

Your tenancy agreement should allow you access for essential repairs with notice.

clutton_2

as a landlord of long standing i personally would call this a serious emergency and would make arrangements with the local police to assist you to effect entry - forcibly if necessary - as long as you have a qualified gas engineer with you as well. Take the gas certificate showing the faults with you to the police along with any letters making appointments for previous visits cancelled by the tenants

Jowo_2

Keep good written records with the tenant to provide a provable audit trail of their non-cooperation in the event that they accuse you of trespass or harassment and sue you for compensation.

It is generally perilous to enter a property without the consent of the tenant though I know emergencies are excluded from this and believe Clutton's advice to be accompanied by the police is good though they try not to get involved in tenant/landlord disputes.

You could have served an S8 notice the day after the second lot of rent (2 months) is overdue (assume April in this case). 2 months rent arrears at the time of service of the notice and at the time of the court case would have guaranteed you possession of the property around now. What is the status of the eviction process?

clutton_2

if you have serious concerns that the gas installation is unsafe, then the Gas-supplying utility has the legal power to forcibly enter the property - and they will disconnect the supply

but i would get professional help before actually going down this route -

are you a member of a professional landlords body ? if not join - National Landlords Association (google nla) tomorrow and talk to their legal help line - they are most useful. - you will also qualify for much cheaper property insurance as a member

re gas fumes and open windows - there is a legally stipulated minimum distance there has to be between an opening window and a gas boiler vent pipe - you can ask GasSafe to tell you what it is - if the wind is in an unusual direction, you may well smell the residue of fumes, which are not necessarily unsafe.

I suspect the tenants are trying it on because you are evicting them, but, best be safe than sorry - what exactly does it say on your Landlords Certificate ?

These tenants clearly know the score - so be prepared for a 2-3 month wait till you get the house back, and then expect some redecoration costs - even tho you will eventually be awarded possession - the tenants still do not have to leave on the day specified by the judge - and you may have to go back to the court to ask for a Bailiffs warrant so that you can meet Bailiffs at the property to regain entry - and you will obsviously need a locksmith with you.

Welcome to the world of landlording .....