What is classified as "emergency" situation for LL/LA to enter?

cybervic

can anyone tele me where I can find information on what classified as Emergency situation which LL/LA can enter property without permission?

I got a call from LA Friday afternoon telling us Gas Safety Check is expired on Saturday and they will send someone on Monday to get it done. I told them it's not convenient and it will have to be on Tuesday which I can take a day off. LA said ok.

However, just leant plumber already came on yesterday (Monday), entering the door with agent's key when no one is in. I am very unhappy about it, called LA, they apologies for the inconvenient caused but said it is an emergency and they can enter the flat without permission.

Is it really an emergency?

aneary

What was the actual emergency did the LA say?

In my mind an emergency would be if a tap was left on and was flooding the property, a fire or something that if left for a few hours would cause thousands of pounds of damage.

cybervic

LA said it's to ensure we have a safe place to live, who know there might be a leak somewhere and not been found. they said gas safety check is expired, therefore we are not in a safe property and they could not guarantee our safety until it's been done.

Pixie5740

What does your tenancy agreement say about access for repairs and maintenance?

Gilead

I'm sure someone else will clarify - but I would expect gas safety checks to be a must to keep LL's building insurance etc valid. Therefore, I would deem it an emergency (of sorts) for them to access property asap to have this undertaken.

aneary

Gilead wrote: »

I'm sure someone else will clarify - but I would expect gas safety checks to be a must to keep LL's building insurance etc valid. Therefore, I would deem it an emergency (of sorts) for them to access property asap to have this undertaken.

It isn't an emergency the LL/LA made it an emergency by only asking to access the property at short notice.

The gas safety checks have to be carried out yearly therefore the LL/LA would have been able to give ample notice someone forgot hence the short notice.

00ec25

so why are you unable to look up access in respect of gas safety certificate to find out the REAL answer?

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

How far do I need to go if the tenant prevents access for a gas safety check?

A landlord has to show that they took all reasonable steps to comply with the law. HSE recommends the following best practice in these circumstances 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 tenants own safety.
- Give the tenant the opportunity to arrange their own appointment;

HSE inspectors will look for at least three 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.

It is a good idea to include arrangements for access in the tenancy agreement.

fairy_lights

Change the locks.

cybervic

Pixie5740 wrote: »

What does your tenancy agreement say about access for repairs and maintenance?

Contract says to LA will give "At least 48 hours written notice in advance of the proposed visit and agreed date and time they intend to visit."

I agreed on the telephone and though there is no need to ask them to do extra the work by put it in writing again.

aneary wrote: »

It isn't an emergency the LL/LA made it an emergency by only asking to access the property at short notice.

The gas safety checks have to be carried out yearly therefore the LL/LA would have been able to give ample notice someone forgot hence the short notice.

thanks, that's what I thought too, but when I said almost the same thing to LA, they said it's my opinion, they are in a profession of property and it is no doubt this was an emergency situation. that made me angry.

Pixie5740

What outcome are you looking for? Yes the LA was out of order for agreeing to change the inspection to Tuesday and doing it on Monday anyway but what do you want to happen now?

cybervic

fairy_lights wrote: »

Change the locks.

my contract say I can't change the lock without giving them a set of key.

00ec25 wrote: »

so why are you unable to look up access in respect of gas safety certificate to find out the REAL answer?

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

Thanks, I dunno why I didn't see this, I googled it before coming here.