Gas safety check without our permission

ohhellosailor

Hi everyone - thanks in advance for your help with this.

To give context, I'm currently renting a ground floor flat where the landlord owns both my flat and the flat upstairs (it's a converted house). We have been there about a year and have had no contact with the landlord the whole time. It was rented through an Estate Agent, but the Landlord is our point of contact from now on.

Yesterday we came home to find a Gas Safety Certificate on our kitchen worktop - a total shock because we were not expecting anyone to come in and did not know we were due a safety check. So someone has been in our flat with absolutely no notice.

I called the EA as I wanted to see if they had given keys to the gas person - and they were of course rude and unhelpful and said that the landlord gave them permission to give the keys to the gas people. They said they were perfectly in their right to do so because the landlord had given them permission so I need to take it up with him (which I knew, I just wanted to get some evidence/background before I go to the landlord).

This isn't right it is? He can't come in without any notice? I feel really angry. What should my next steps be? Should I check with the tenants upstairs and see if the same thing has happened to them? I only have an email address for the landlord.

Thank you!

marliepanda

Legally he has to do a gas check.

Should you have been informed, probably.

Would it have been reasonable for you to refuse the gas check which he legally has to do? No.

Change the locks if you don't want it to happen again

Miss_Samantha

Yes, they should have given you at least 24 hours notice in writing.

However, a gas safety certificate is a legal requirement for your own benefit, so please do not play the 'total shock'/'really angry'/'invasion of privacy' card just yet.

Just write to the landlord/agent and remind them of the requirement to give notice in the nicest way possible.

HappyMJ

ohhellosailor wrote: »

This isn't right it is? He can't come in without any notice? I feel really angry. What should my next steps be? Should I check with the tenants upstairs and see if the same thing has happened to them? I only have an email address for the landlord.

Thank you!

No it's not right.

No they cannot enter without giving 24 hours written notice.

My next steps would be a letter to the landlord thanking them for the gas safety certificate but you would very much appreciate 24 hour written notice in future.

I would also change the lock cylinders....I would have done that at the beginning of the tenancy. I have no idea who has the keys...you never know the previous tenants may still have a copy of the keys. You can put the cylinder back at the end of the tenancy.

I'd just leave it at that. It's not the end of the world.

bod1467

HappyMJ wrote: »

I would also change the lock cylinders....I would have done that at the beginning of the tenancy. I have no idea who has the keys...you never know the previous tenants may still have a copy of the keys. You can put the cylinder back at the end of the tenancy.

Thanks for the reminder ... I'll look at doing that when my daughter moves into a rental place next month.

thesaint

Becareful about following advice given, that doesn't list any consequences.

kinger101

I'd just send a polite e-mail to the letting agent;

"Thanks for arranging the gas safety check. I fully understand that this is a legal requirement, and is done in the interests of my own personal safety. Please note however, than in accordance with S8(2) of the Landlord & Tenanct Act 1985, I require a minimum of 24 hours' written notice before anyone enters my home unless the situation is an emergency. I trust you'll comply with the law in the future".

FBaby

They had no right to enter the property without informing you at worst, asking you to be in contact with the company to arrange a time to your convenience at best.

Although it is a legal requirement, they have no right to enter the property without giving you at least one, if not, two or three chances to agree to it.

Just one note of caution, don't yet assume that it's the fault of the landlord. I expect they contacted him to remind him of the deadline, he said ok to arrange, and assumed they would get in touch with you to arrange because frankly, you wouldn't think as a landlord that you actually needed to specify to a professional letting agent that that's why they needed to do. I would contact him and say you were surprised that the flat had been entered without your permission and see what he says.

Rosemary7391

Perhaps a less confrontational way to address this would be to contact them and check they have the correct details, because you were surprised that the notification of the gas safety check went astray. It may not have existed in the first place, but it gives you something to start the conversation with.

bod1467

An interesting conundrum ... breaking the law (entering without notice) to avoid breaking the law (gas safety certificate).

G_M

Rather than getting in a tizz, be grateful you have a LL who takes his responsibility for your safety seriously.

We see many posts here from tenants with LLs who have not done gas checks for years - frankly that is a much worse sin.

Granted he should have givien you advance notice, both out of politeness and strict legal process, but don't send your LL/tenant relationship into a downwards spiral over this.

A friendly, polite letter or email, thanking him for undertaking the inspection, and then asking if he could let you know in advance next time he needs access for any maintenance or inspections.

I'd suggest enclosing a slice of cake in the letter, but that might be OTT!