LL gas certificate

david29dpo

A friend of mine rents his house out.
The Gas safe certificate is due but after many attempts to contact the tenants, (phone, email, knocking on the door at various hours,notes dropped though the door etc) no joy.
Anyone know where he stands?
Would it be classed as illegal entry if he were to let the gas man in himself?
This is assuming they haven't changed the locks?

anselld

Give 48 hours notice in writing stating need to meet repair/maintenance obligations, should be OK.

david29dpo

His done that! nothing.

anselld

david29dpo wrote: »

His done that! nothing.

Well if the T has not previously stated an objection to access and notice has been served (with proof) then don't think the T could legitimately complain.

Better to get it done than have a dead tenant or a visit from HSE.

pmlindyloo

How long has he been trying to get in contact?

Could they be on holiday? Has he spoken to neighbours?

If there has been a suitable length of time given then it would seem reasonable to go with a gas engineer to have the inspection done. After all it is in their interests to have it done and the LL's responsibility to carry it out.

If they have changed the locks then I would suggest that he keeps a copy of the letter sent and proof of postage/or witness to the posting through the letter box.

To be honest if the tenants want to make a fuss about this and contact him to get it done then he can just arrange to have it done!

It seems that he has done everything he could.

david29dpo

anselld wrote: »

Well if the T has not previously stated an objection to access and notice has been served (with proof) then don't think the T could legitimately complain.

Better to get it done than have a dead tenant or a visit from HSE.

How does he do it if he can't get in?

anselld

david29dpo wrote: »

How does he do it if he can't get in?

Well if he is physically denied access (locks changed, T refuses, etc) then he would need to apply for a Court order.

N79

Indeed, to sumarise the above.

Step 1: Contact T and request a mutually convenient time.
Step 2: If no contact from T after 2 weeks repeat step 1.
Step 3: If still no contact from T after 1 week send letter giving at least 24 hours notice saying you will attend property on X day and Y time for the purpose of the gas inspection and will gain access to property with your own key.
Step 4: If T makes contact go to step 1, otherwise attend property with Gas technician.
Step 5: If entry could not be obtained (changed lock etc) start court proceedings to enforce access. You will also probably want to issue a S21 at the same time.

00ec25

the HSE are the people who will prosecute the LL for no certificate, therefore they provide the following advice re access issues:

http://www.hse.gov.uk/gas/domestic/faqlandlord.htm#q8

A landlord has to show that they took all reasonable steps to comply with the law. HSE recommends the following best practice in these circumstances and strongly advises that a record be kept of all correspondence with the tenants:

leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details;
write to the tenant explaining that a safety check is a legal requirement and that it is for the tenants own safety. Give the tenant the opportunity to arrange their own appointment;
HSE inspectors will look for at least three attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances.
It is a good idea to include arrangements for access in the tenancy agreement.

Yorkie1

If you can provide evidence of those attempts it will help. i.e. if hand delivered, with a witness. If posted (not recorded / signed for), get a certificate of posting from 2 different post offices (i.e. send 2 copies).