Is a Tenancy Agreement Valid if no Gas Safety Certificate?

Guest101

On what grounds would u issue s.8? And a.21 wont be valid for quite some time...

The LL have 24 hours notice, presuming the tenant didn't disagree, this is perfectly fine - can OP prove they gave such notice? Ie proof of postage

There's no criminal record to be gained from entering the property.

The HSE may wish to investigate, but unlikely if it all passed without any repairs needed

HilarySmith

Guest101 wrote: »

On what grounds would u issue s.8? And a.21 wont be valid for quite some time...

The LL have 24 hours notice, presuming the tenant didn't disagree, this is perfectly fine - can OP prove they gave such notice? Ie proof of postage

There's no criminal record to be gained from entering the property.

The HSE may wish to investigate, but unlikely if it all passed without any repairs needed

I asked them if I could attend for their safety if they were that worried about it, they said I could come after they left. I therefore said under the terms of the contact I would give them 24 hours. They asked me to wait, and I said this was an important legal document and potentially dangerous situation for them I must deal with.

I have text messages saved.

fishpond

Guest101 wrote: »

On what grounds would u issue s.8? And a.21 wont be valid for quite some time...

The LL have 24 hours notice, presuming the tenant didn't disagree, this is perfectly fine - can OP prove they gave such notice? Ie proof of postage

There's no criminal record to be gained from entering the property.

The HSE may wish to investigate, but unlikely if it all passed without any repairs needed

1) Look up s8 grounds on non payment of rent.
2)" Upon this news I invoked my right to access the property with 24 hours notice and along with a Gas Safety Registered Engineer entered the property.
I cannot see here where the tenant gave their consent for entry, sounds to me like forced entry as the LL isn't entitled to have a key either.
3) "There's no criminal record to be gained from entering the property.
I beg to differ.
HiliarySmith I have crossposted with you but before your 2nd post there was no indication that you had the tenants consent to enter.
101 before this 2nd post by HS you were very much in the wrong.
101 are you a tenant, landlord or just a casual passer by?

Guest101

fishpond wrote: »

1) Look up s8 grounds on non payment of rent.
2)" Upon this news I invoked my right to access the property with 24 hours notice and along with a Gas Safety Registered Engineer entered the property.
I cannot see here where the tenant gave their consent for entry, sounds to me like forced entry as the LL isn't entitled to have a key either.
3) "There's no criminal record to be gained from entering the property.
I beg to differ.

1: correct. I forgot about the missed rent payment. Stand corrected
2: not if the tenancy gives right of access, the onus is on the tenant to say no
3: if you mean harassment, then no, that must be a sustained situation, ie multiple occurrences. If I suggest something else, please elaborate

bris

fishpond wrote: »

1) Look up s8 grounds on non payment of rent.
2)" Upon this news I invoked my right to access the property with 24 hours notice and along with a Gas Safety Registered Engineer entered the property.
I cannot see here where the tenant gave their consent for entry, sounds to me like forced entry as the LL isn't entitled to have a key either.
3) "There's no criminal record to be gained from entering the property.
I beg to differ.
HiliarySmith I have crossposted with you but before your 2nd post there was no indication that you had the tenants consent to enter.
101 before this 2nd post by HS very much in the wrong.

Differ all you want, the tenant was not there to refuse entry so the safety certificate can come under emergency situations which gives the LL or emergency services the right to enter the property. The cert is a safety issue with one of the highest priorities when it comes to tenancies.

fishpond

HilarySmith wrote: »

I asked them if I could attend for their safety if they were that worried about it, they said I could come after they left. I therefore said under the terms of the contact I would give them 24 hours. They asked me to wait, and I said this was an important legal document and potentially dangerous situation for them I must deal with.

I have text messages saved.

Are you able to print those texts off if you should ever need them.
Just a thought.

kinger101

bris wrote: »

Differ all you want, the tenant was not there to refuse entry so the safety certificate can come under emergency situations which gives the LL or emergency services the right to enter the property. The cert is a safety issue with one of the highest priorities when it comes to tenancies.

I think you're being somewhat disingenuous calling this an emergency. You're mixing up two separate parts of the act granting the landlord right of access.

fishpond

For HS for general info
guest 101 For you to understand and inwardly digest before you go spouting off about things that you know nothing about.
bris for general info
http://www.gassaferegister.co.uk/advice/renting_a_property.aspx
In Particular
What if my tenant won't allow me access to the property?
The contract you draw up with the tenant should allow you access for any maintenance or safety check work to be carried out. You have to take ‘all reasonable steps’ to ensure this work is carried out, and this may involve giving written notice to a tenant requesting access, and explaining the reason. Keep a record of any action, in case a tenant refuses access and you have to demonstrate what steps have been taken.

Guest101

fishpond wrote: »

For HS
101
bris
http://www.gassaferegister.co.uk/advice/renting_a_property.aspx
In Particular
What if my tenant won't allow me access to the property?
The contract you draw up with the tenant should allow you access for any maintenance or safety check work to be carried out. You have to take ‘all reasonable steps’ to ensure this work is carried out, and this may involve giving written notice to a tenant requesting access, and explaining the reason. Keep a record of any action, in case a tenant refuses access and you have to demonstrate what steps have been taken.

What's that hot to do with supposed criminal record for entering the property?

Guest101

Hilarysmith suggest you ignore fishpond, he/she is a ll with no knowledge. - check her previous posts. There is no criminal charge for the entry etc into property.

The gas i, and others, have mentioned already