Landlord saying I'm responsible for costs due to refusing access

Kevie192

mgarl10024 wrote: »

there were times when I was tempted to just ask the Gas Engineer to phone the tenant and agree it themselves!

Why didn't you do that? Every landlord I've ever had has always just asked the gas engineer to call me and arrange a time. Surely that's the sensible thing to do, rather than hassle your tenant with a million phone calls??

mgarl10024

Kevie192 wrote: »

Why didn't you do that? Every landlord I've ever had has always just asked the gas engineer to call me and arrange a time. Surely that's the sensible thing to do, rather than hassle your tenant with a million phone calls??

Two reasons really
1) As already stated, I'm a new landlord. Having had this experience, I'll probably do things differently in future.
2) My Gas Engineer is the same one I've used for years and is very good. However, experience has told me that just because he promises to call you back, doesn't mean that he actually calls you back.

Confusedandneedhelp

mgarl10024 wrote: »

As a new landlord, I've been learning the same thing. I needed to book in a Gas Safety check, so I had to ask the tenant for his free days, then the Gas Engineer, then try to find something that meets both sets of dates. Then one side asks "Can they do such and such a date?" which isn't on the other's list. Then one side has something crop up (it happens). I think I actually spent longer on the phone negotiating than the actual appointment took!
Fortunately, both sides are very accommodating - but there were times when I was tempted to just ask the Gas Engineer to phone the tenant and agree it themselves!


I'd argue that during the test is the ideal time to quietly enjoy the property.

Just to clear this up, thats exactly what you should've done. Said to the tenant, i need a gas safety inspection done, i can be there in person if you like, but if convenient would you liek to arrange this with the engineer direct. Simple and easy.

and also the OP has a reasonable argument, in the basic term, that his quiet enjoyment is being ruined. If for example he likes to listen to heavy metal music in the evening, that's his right. Obviously the inconvenience is small and not worth a 'quiet enjoyment' claim. But in principle, that is exactly what quiet enjoyment is, to live the life he or she wishes to live without outside interfrence from the LL or his agents

Forumnewbie

There seem to be a few issues here.
1. Your over-riding question is do you have to give access and the legal answer is yes - reasonable access - and you agreed it.
2. However it seems like the relationship is breaking down between you and the landlord which is a far bigger issue. You don't seem to trust him/her that your valuables are safe - is this the case? It is very unusual for either a landlord or a trusted builder/contractor to be a thief.
3. Now if he/she is in conflict with you, and it is irreparable, you may wish to ask the following: what are these costs for the sound test? Usually this is done by the Noise Nuisance section of the Environmental Health Dept of the Council. Is your local Council charging for this? Or has the landlord employed another contractor who charges? If so, you will be responsible for these costs, upon production of receipts.
4. If the relationship is not totally broken down, you may wish to salvage it by apologising profusely and offering another convenient time for the landlord and the Noise team to come in. It might be best if it is kept completely separate from other issues as you won't have a leg to stand on if he/she slaps you with a legal notice warning court.
Landlord-tenant relationships are not equal in my view. It is the landlord who is the stronger party - in this country at any rate.

Forumnewbie

I have just seen post #25 and seen it worked out okay, so well done for sorting it out - sorry I missed that one!

FBaby

SideB wrote: »

It ended up working out ok. Landlord agreed to resolve the other outstanding issues, which he had refused to previously, if I allowed access for the sound test.

Clever landlord! Yes, ok fair enough, I'll sort out the issue and get on with it in two days.

A week later: Hello Mr Landlord, are you fixing the problem? Oh yes, I forgot, of course, when I come back from holiday.

One month later: Mr Landlord, remember your agreement. No, what agreement, never agreed to anything!