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Hi All,

I could do with a little advice-

I have served a section 21 on a tenant, but need to get into the property to check its condition and to carry out a gas check.

She arranged to meet me and then did not turn up- I sent her notice etc as required. She has changed the locks on the door because she was locked out she said and needed to get in. She now won't return calls etc.

My question is after giving her notice of my requirement to enter  the property can I drill the lock out on the grounds that I need to carry out a gas safety check and that its not compling at the moment with regulations and then put in a new lock- She will also have to neet me to be given a new key-which means I can discuss the arrears as well.

What do you think-is this legal or not?

Thanks

Ian

A tenant is within their legal rights to deny you access even after you have provided notice that you need to enter. They can agree to let you in and then decline to let you enter when you show up. If the gas certificate needs to be renewed and you are not allowed access you are still legally responsible (therefore could be fined) and the tenant is within their rights to continue to deny you access.

If you enter you could be charged with a crime. Be very careful about forcing entry or otherwise assuming you have a right to access. Speak with a solicitor if you want to take action and stay within your legal rights.

If there is an emergency you may have a right to enter. The description above shows you are far from having an emergency.

John Corey

Follow me on Twitter -> www.twitter.com/john_corey 

having served a section 21 all you can do is to wait till it expires then apply to the court for possesssion  -  what dates are on  her tenancy agreement and what dates did you put on the S21  ?  This is a tenant who knows her L&T law and she will not allow you entry - even for a gas inspection.

Write her a letter re the missed appointment  - -  and  make another appointment  - she wont let you in again  -   then  write another letter asking   where was she ? and make another apointment  - at least if it ever got to court you could then prove she was obstructing you and that you were doing your best to comply with the law.

I understand that in the very unlikely event of a gas appliance fault causing you to be dragged before the courts due to the absence of a valig Corgi/Gas Safe certificate, they will look very favourably on your written evidence that you attempted to get the certificate renewed as you have described but that these efforts were frustrated by the tenant. Maybe another letter to her reminding her that her appliances must not now be used because there is no valid gas safe certificate and that if she continues to use them then she does so at her own risk until she grants you access to get the necessary inspection completed.

P.P.

Many thanks for your advice- I have written to her again and have started  proceedings to evict her.

Cheers

Ian

I also had a similair problem in relation to a gas inspection....the tenants refused on each and every attempt to let the gas man in. I got the gas engineer to write me a letter illustrating his futile attempts and also contacted the HSE in relation to the tenants uncooperation. The lady I spoke to at HSE stated that if I could show that I had tried to arrange a certificate...and it was too no avail....we would probably not be held liable in their eyes.

 Check out the following:

http://www.hse.gov.uk/gas/domestic/faqlandlord.htm#faq15

under the section titled:

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

It was reassuring.......anyway good luck with your arrears....had a tenant today lay on the water works over a bit of top up...........

Hi Ian,

I own 31 properties in a town in the north east ,my letting agent had let many of the properties to dodgy tenants. About 9 went into arrears badly with no comunications at all,I took a lock smith with me and changed all the locks of each of the houses and left a note on the door to contact me. It was the only way to finally get in contact with these tenants to discuss arrears. I had a solicitor on standby in case of any hassle from the Police. It all went ok (I didn't get arrested) and any tenant who wasn't suitable was asked to leave at that minute.

I am sick and tired of tenants who know there rights bulling the landlord, Any tenants who don't pay me now will have there front door removed until they pay full arrears. The Police don't  have the time for these hassles and most tenants don't have the money to take you to court.

Paul K