We think tenant has done a runner

jpin_2101221414

So, our tenants have not paid rent for the last 2 months. This has happened before to us during the december months. One time it was because the tenants dad had passed away and was out of country sorting out funeral etc, another time they didnt pay decembers rent.In both instances they  caught up with rents. However this time we are not able to contact them. I also saw a removal van by chance while walking to the local shops . He had a mates brother staying with him and I asked him if he is moving out and in his broken english said yes, but the main renter is expected to be back on 10th January. We are now calling the tenants every day and it goes to voicemail. They are not responding to any emails. I get the feeling they have done a runner. We were supposed to get our gas certificate renewed on 12th december. We asked our tenants to check for a suitable time to get the gas cerificate done and I am not sure it was done in time. Long story short, we are out of pocket for rent for 2months, tenants not contactable by phone or email. Not sure if gas certificate was completed. What are our option to reposses property. I am reasonably certain they have done a runner. The house was let through openrent, so there are no letting agents involved.

ProDave

Leave a letter through the door saying you are legally obliged to allow entry for the engineer to do the gas safety test so can they contact you to arrange a time.

If no answer in a week I would be inclined to go and take a look inside but others may advise against that. "I heard what sounded like running water" might be a good enough resaon for you to enter?

theartfullodger

Forget the gas fraud.  Simply serve valid notice if inspection, visit, ideally with witness , taking loads of photos see what you find.

canaldumidi

How can you not know if the gas inspection was done? Ask your gas engineer! If it was done, why has he not given you the report? If it wasn't, ask him what efforts he made to gain access. To protect yourself against HSE, document all attempts to do the inspection and see below.

But more importantly, if rent is 2+ months arrears, serve a S8 (G8) Notice.

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.

HampshireH

The most worrying thing here is that your not sure if the gas safety check was done.

Surely the first thing you would have expected after it was booked was the certificate and an invoice?

Have you sent a letter for an appointment and knocked the door? Or done a drive by and had a look through the window. You are obviously local if walking past to the shops.

jpin_2101221414

We were going away to visit family abroad in december. We had a 101 pcr tests and process, as a result we didnt follow up on the gas certificate. However I agree that if we didnt get the certificate from the gas engineer we didnt get it.

jpin_2101221414

Also the gas certificate was free/included as part of the gas and boiler breakdown cover so no invoice

Norman_Castle

jpin_2101221414 said:

Also the gas certificate was free/included as part of the gas and boiler breakdown cover so no invoice

Contact them to find out.

canaldumidi

jpin_2101221414 said:

Also the gas certificate was free/included as part of the gas and boiler breakdown cover so no invoice

If a gas enginer does a LL gas inspection, irrespective of how/when it is paid for, he sends a report to the LL. Unless he's incompetent. So ring and ask him if he

a) did the inspection but is incommpetent with his paperwork or

b) failed to get access, but is incompetent with hisreforting back to you or

c) failed to schedule the inspection through incompetance despite having the date of the last report, or

d) was never instructed by you to do an inspection due to incompetence by.....someone else.......

jpin_2101221414

In december it was  was failed to get access and was reported to back to me. I again asked the tenants to get in touch but I dont think they did and I just let it slip.Called engineer yesterday to check if job was completed and it was a case of not emailing me gas certificatie and the engineer said the job went back to headoffice and he has no more information.I called the gneric customer service number and call center was closed. I obviously was more focused on other personal stuff and just let it slip. I am keen to get in done asap. Is it ok for me to schedule the engineer and let them in myself if tenants do not respond ?

Alfrescodave

Have you visited the house at a time when the tenants are more likely to be there? evenings (lights on?) weekend. Could you speak to the neighbours and ask if they have seen the tenants recently.

Needs a bit more activity on your part other than keep phoning.