Section 21 notice

Guest101

On the back of O,VJ comment.

DO NOT force entry or anything like that. (I'm not saying that what was suggested, but these things do happen) Yes gas safety is a legal requirement ( which is what I assume you are doing when you say service / safety check ).

However, regardless of what your contract says, if the tenant refuses you entry, you must go to court to enforce your rights. Dont just presume that you gave notice so you can do as you please, the tenant has rights to quiet enjoyment and if there is a clash, it's for the courts to sort out.

white-sage

Don't worry Guest101 I wasn't planning on doing that. I can only ask, if she refuses then it will all be dealt with in court in due course.

Guest101

white-sage wrote: »

Don't worry Guest101 I wasn't planning on doing that. I can only ask, if she refuses then it will all be dealt with in court in due course.

Best bet is your section 21.

Meanwhile document attempts to get the check done (ideally with posted written requests for access)

thesaint

You of course do not need the tenants permission to do the inspection.
Whether you go ahead or not is up to you.

I can almost guarantee that if your were to give 2 weeks notice, you would be denied entry at the 11th hour.

Guest101

thesaint wrote: »

You of course do not need the tenants permission to do the inspection.
Whether you go ahead or not is up to you.

I can almost guarantee that if your were to give 2 weeks notice, you would be denied entry at the 11th hour.

Worth noting if you do go ahead with it, you could end up with all sorts of accusations regarding missing money and jewels/watches etc.

G_M

Provided you can show HSE that you have made repeated, reasonable attempts to gain access for the inspection, they will not prosecute you for failure to do a timely gas inspection.

http://www.hse.gov.uk/gas/landlords/dealing.htm

The contract you make with your tenant should allow you access for any maintenance or safety check work that needs to be done. You must not use force to enter the property. For more information see regulation 39 of the Gas Safety (Installation and Use) Regulations 1998.
A landlord has to show that they took all reasonable steps to comply with the law. HSE recommends the following actions 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 tenant’s own safety. Give the tenant the opportunity to arrange their own appointment;
• HSE inspectors will look for repeated 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.

Out,_Vile_Jelly

Guest101 wrote: »

On the back of O,VJ comment.

DO NOT force entry or anything like that. (I'm not saying that what was suggested, but these things do happen) Yes gas safety is a legal requirement ( which is what I assume you are doing when you say service / safety check ).

However, regardless of what your contract says, if the tenant refuses you entry, you must go to court to enforce your rights. Dont just presume that you gave notice so you can do as you please, the tenant has rights to quiet enjoyment and if there is a clash, it's for the courts to sort out.

Absolutely- keep written records of your polite and businesslike efforts to agree a mutually convenient date for this important LL obligation. If you are not a member of a LL association now might be a good time to join.

His_Dudeness

There is no requirement to mention s.21(1) or s.21(4) in a s.21 notice. In fact if all you want is to comply with s.21(1) there is no requirement to mention s.21 at all.

Since your situation might be unclear you want to cover all bases and serve a notice complying with s.21(4) to be safe.

Something like "I hereby give notice under Section 21 of the Housing Act 1988 that I require possession after <date of last day of period no less than 2 months after service> or <saving clause if you are unsure of date>"