Tenant ignoring messages to set up EICR

suestew

Hi all, background, my tenant can be hard to get hold of, for the most part he pays rent, albeit sometimes late, after lots of chasing, he is the same with Gas Safety etc. We get there in the end but it's really frustrating for both myself and whoever is involved. I do not live near the property so it's not like I can give him notice I will be popping round to sort it out.

I have been trying to get an appointment in for a EICR, he is ignoring all messages and calls from myself & the guy I want to carry it out. It is now overdue.

What is my next move, Shall I send a letter sent to tenant stressing that it needs to be done, although I have put that in a message. It's legally my duty but for his safety too.

Myci85

Do you have a set of keys? My old letting agent used to send a letter with an appointment date and time, obv giving plenty of notice, asking us to get in touch if it was not convenient, otherwise they'd assume it was fine and would allow key entry if no one was home to let them in. I think the letter also stated that we would be responsible for any fees if they couldn't get in.

suestew

https://forums.moneysavingexpert.com/discussion/comment/82082608#Comment_82082608

I do have keys, but living so far away it's difficult. As I used to live there and have friends I can get a set cut and a friend can keep them. Thanks for advice.

TroubledTarts

You living so far away is of course a you problem and not ideal.

I am not saying the tenant isn't helping things but most of the obvious solutions are you say it is happening on such a such date and you or someone you trust is there whilst the work is performed. After all this is for the tenants safety as well.

You may just have to put yourself out unless you have someone else you can give the keys to that you trust.

suestew

https://forums.moneysavingexpert.com/discussion/comment/82083298#Comment_82083298

I can get keys to someone I trust. I have just googled this and I believe a court order is needed to gain access, hopefully someone can confirm this…

FlorayG

https://forums.moneysavingexpert.com/discussion/comment/82083414#Comment_82083414

Yes it is required except in emergency and this is not an emergency. If you just let yourself in, or even worse give someone else keys to the tenants HOME, you could be in big trouble.

I know because I recently had exactly the same problem; I live nearby though and eventually went round to the house, to find that her phone had been faulty and not receiving calls.

So my problem is sorted, but yours is going to be more difficult. A court will give you permission to access but it takes time and costs.

I wouldn't ever risk giving anyone else keys to my tenants house

SiliconChip

At least you won't be in trouble if you can't get the EICR done:

What if a tenant won’t allow access?

The regulations specify the duties of landlords, but a landlord is
not in breach of certain specified duties if they can show they have
taken all reasonable steps to comply with the relevant duty. In
particular, if they are prevented from entering the premises by the
tenant, the landlord will not be in breach solely because they have not
brought legal proceedings with a view to securing entry.

A landlord could show they have taken reasonable steps, for example,
by keeping copies of all communications they have had with their tenant
as they tried to arrange access. Landlords may also want to retain other
evidence they have that the installation or equipment is in a good
condition while they attempt to arrange access. This could include the
servicing record and previous safety reports/records.

https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-and-social-rented-sectors-guidance/electrical-safety-standards-in-the-private-and-social-rented-sectors-guidance#supplementary-questions

suestew

https://forums.moneysavingexpert.com/discussion/comment/82083606#Comment_82083606

That's great information thank you. The EICR ran out in May, I started process in June, will that have an impact? I have sent an email outlining what is needed. I do have copies of last one carried out.

anselld

https://forums.moneysavingexpert.com/discussion/comment/82083547#Comment_82083547

It is not quite that simple…

If formal notice has been given in line with the tenancy agreement for a legitimate purpose (which maintenance usually is but check the agreement) then access with key is acceptable UNLESS the tenant has explicitly denied it. eg changing the locks or responding to say that the time given is unacceptable. If the formal notice has simply been ignored then key access is fine.

Also, if it is an HMO with individual room tenancies then access to the communal areas is allowed anyway without notice although that may not be sufficient to conduct an EICR.

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/comment/82083414#Comment_82083414

Presumably the tenancy agreement contains a clause allowing access for maintenance and inspections. By signing it the tenant has already agreed to access and as the landlord you’re required to provide notice of intent to enter the property in writing giving at least the statutory minimum notice period. If the tenant then explicitly refuses you to access the property, and simply not replying is not explicit, you take the court for an injunction because they’re in breach of the tenancy agreement.

As for giving a key to a trusted friend, well that’s a big ask for a friend. What’s the expectation? That they hang around the rental property waiting for the sparkie? If you live too far away to effectively manage the property then perhaps it’s time to consider using a letting agent or selling.