Landlord Gas Safety certificate issues - Tenant didn't allow access

Ozret

A bit long winded I know, but please take a couple of minutes to read my tale of woe!!

I own a flat that I rent out, it is fully managed by a local Estate Agent (EA). I also have a contract with British Gas (BG) which deals with any problems relating to the water, toilet, boiler, central heating etc. It also includes the yearly Gas Safety Certificate.

The certificate is due to expire this Saturday (21st Nov). I notified the tenant, through the EA, at the end of September that the check needed to be completed. At the beginning of October the tenant made arrangements for the inspection today. At about 1030 this morning I received a call from the BG Engineer saying he was on his way, I highlighted I was the landlord and not the tenant. He told me he'd tried calling the tenant without success. With the benefit of hindsight it should have set the alarm bells ringing. I said to him not to worry and that I was certain the tenant would be in. I then had to go into a meeting at work. At 1105 I received a text from the engineer stating he'd attended, got no reply & left and that the tenant would have to re-arrange an inspection. As soon as I'd come out of the meeting I called the EA, explained the situation. They stated they would contact the tenant. I received a call about 20 minutes later saying they couldn't contact her either. Since then I haven't spoken to the EA although I did miss a call from them at about 1730.
I'm not suggesting that the tenant did not allow access on purpose. I'd guess the tenant had forgotten the appointment. I've received 3 reminders from BG since the tenant had arranged a day. The reminders stated that they'd also sent letters to the tenant.

After getting home from work I called BG to find out how I stand legally as clearly there is no chance of an inspection being completed before the certificate expires. They stated that I am liable and that the responsibility lies with me as a certificate needs to be in place. I pointed out this was down to the tenant, not me. However, they informed me it's my problem. The only saving grace is that the tenant had already been in touch and that they are attending next Thursday. I asked if the certficate can be extended until Thursday, apparently not.

Therefore, can anyone shed any light on how I stand. What IF something happens between Sunday & Thursday relating to any of the gas appliances (boiler & hob). Am I legally responsible given I have taken all reasonable steps to get the check completed? Can I pass on any liability onto the tenant in the interim period? I'm certain the system will be given a clean bill of health as the boiler & hob are less then 4 years old.

Any help or guidence happily accepted

G_M

Keep a log (dates names, content of conversation) of all contact between
* you & the tenant
* you & the agent
* agent & tenant

Make sure you, or the agent, WRITE to the tenant, politely pointing out the inspection is for their benefit and safety, and requesting they call BG to arrange / call agent / whatever, or informing them you will be meeting the BG engineer at the property, with your key, on xx date.

Provided you can demonstrate, if necessary, to HSE that you have made all reasonable attempts to gain access to do the inspection, you will cover yourself

Read also:

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

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

Ozret

^^^^^^^^^
Thanks very much.

I sent a detailed email to the agent this evening to that effect prior to posting this up. I'm also using the mobile to keep in contact with them, this way I can produce phone records if the worst was to happen.

I'll read the attachments later.

It's also a lesson learnt. Next year I'll insist that the inspection is completed at least a fortnight before the certificate is due to expire.

Thanks once again

booksurr

since it is the HSE who are responsible for prosecuting LL can I suggest you read their own website on what to do, especially the FAQ entitled: How far do I need to go if the tenant prevents access for a gas safety check?

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

Ozret

booksurr wrote: »

since it is the HSE who are responsible for prosecuting LL can I suggest you read their own website on what to do, especially the FAQ entitled: How far do I need to go if the tenant prevents access for a gas safety check?

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

Thanks.

Unwittingly I think I've complied with those guidelines. I have kept all the emails, relating to the inspection, to and from the EA which provide a good & accurate time line.

I like #4 (i.e getting access written into the tenancy agreement) when it comes up for renewal or when I get a new tenant it. I'm going to check the current agreement and see if it's already in there.

I have asked the EA if the tenant has breached the agreement by not being in to allow access. I have no intention in showing them the door because of what's happened today, as up until now they have caused me little problems and wish for this to continue. However a little reminder to them from the EA wouldn't go amiss

G_M

Good to get to understand your obligations etc, but look, don't over-react.

Unless I've misunderstood:

* there has only been a single missed appointment and
* you have no evidence (or even suspicion) that this was deliberately obstructive

Now, if the tenant had told you "I won't allow the engineer in", or had foiled 3+ appointments, then yes, start looking at tenancy breaches, writen warnigs, even eviction (when allowed).

But for now, focus on
* remaining polite and non-threatening
* maintaining your records just in case
* setting up a new appointment, with mutual cooperation with the tenant

This is probobly just a misunderstanding and if so, why jeopardise the tenant/landlord relationship over it?

Ozret

G_M wrote: »

Good to get to understand your obligations etc, but look, don't over-react.

Unless I've misunderstood:

* there has only been a single missed appointment and
* you have no evidence (or even suspicion) that this was deliberately obstructive

Now, if the tenant had told you "I won't allow the engineer in", or had foiled 3+ appointments, then yes, start looking at tenancy breaches, writen warnigs, even eviction (when allowed).

But for now, focus on
* remaining polite and non-threatening
* maintaining your records just in case
* setting up a new appointment, with mutual cooperation with the tenant

This is probobly just a misunderstanding and if so, why jeopardise the tenant/landlord relationship over it?

Agreed 100%

A happy tenant is a good tenant!!