Landlord Gas Safety Check

rinefitz

Hi, just a quick fill in of my current situation, Landlord is selling property so we have given one months notice and will be moving to another property at the end of the month. Within the period of 1.5 weeks I received a letter from agent asking if a valuation could be carried out, a gas safety check, a prospective buyer could look round, a energy efficiency survey carried out and agent come round to measure and take pictures etc. Breath......!

Anyway that was fine except I forgot to be in for the gas safety inspection as it was in the evening and I got mixed up with that and the energy efficiency one. He left a note and as we were arranging move etc I did not ring back as 101 things on mind. The other night at 8.15 the gas man turns up unannounced! I am pregnant so in bed knackered,my 2 children are in bed and my husband (who works earlys) is just about to get into bed! So begrudgingly my husband goes down to answer the door to the gas man who then tries to presuade my husband to let him in, my husband says its not convenient, heres phone no, please can we arrange something more suitable. ie: not in middle of evening!! He left but took a while of my husband saying no! before he got the message. Had crabby letter from agent today charging us £30 as we didnt let gas man in 1st time round and that they are going to rearrange appt and if its not convenient to us then they will give him a key to let himself in. My question is this guy only works for agents between 6-8 as he works in the day. I have always been happy for inspections/checks etc and have always given access I am just annoyed by this incident and is there any thing protecting me as a tenant so I can say - you can come in the early evening but not at night to inspect gas??! Sorry for long story!!

N79

You've been fairly accomodating so far. If I were you then I would write to the agent stating that unless they withdraw the GBP30 charge then you will be exercising your right to quite enjoyment and thus will not be allowing any further visits unless for essential or emergency repair works.

Then stick to it - no viewings, pictures etc and never give permission for people to enter when you are not there. You will need to allow a gas inspection at some point convenient to you and with at least 24h notice.

If they withdraw the GBP30 charge then you can negotiate on access for the other stuff related to selling.

N79

rinefitz

Thanks for your reply - but am entitled to do this - my agent made out I have no rights as to anyone accessing the property? Thanks

sooz

the agent is lying

you should have atleast 24hours written notice before anyone comes round (except in absolute emergencies) and you don't have to allow anyone in if you don't want to. You can make their viewings very very difficult if you want

suggest they reconsider the £30 charge

N79

You have a common law legal right to do everything I suggested.

I would not have suggested it otherwise!

N79

clutton_2

yup - agent is lying - you dont have to let anyone in - so you have the whip hand at present.

Your agent and landlord are trespassing if they enter your home without your permission and you are entitled to call the police

BUT - you are leaving soon, pregnant, stressed and tired - i would try to contact the LL direct, explain things to him, and say that since it is only 2/3 weeks before you move, that you hope he can wait for any further estate agents visits - your pregnancy not doing very well, you have moving stress, you're tired, blah blah - you do want to keep on the right side of LL to get your deposit back.

Guy_Montag

What form did this one month's notice take. AIUI the legal minimum is two. If the LL failed to give you correct notice you can stay until he gives you the correct notice (i.e. at least another two months). It may be worth reminding the LA of that. Basically suggest that if they are going to be stroppy you can be very much more stroppy.

clutton_2

guy its the tenant that has given the one months notice here

Guy_Montag

Ooops. How embarrassing.

clutton_2

we've all done it !

silvercar

You can refuse to allow valuers, prospective buyers etc but I don't think you can refuse to allow a gas safety check. You are entitled to notice and to arrange a mutually agreeable time, but I doubt you can refuse point blank to allow the gas to be checkes as its a legal requirement.

I would check when the gas sefety certificate runs out. If it is after your leaving date, then you can tell them to do it after you have moved out.