tenant will defend S21 and try for more time and use LL failure to repair

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    #16
    Originally posted by theartfullodger View Post
    Thanks, I was wrong, helpful clarification.
    Believe me, I had to look it up!!
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #17
      The problems with just leaving it in the problem before the tenancy starts are many fold.
      • The tenancy haven't started yet, so any clauses relating service of notices and documents wouldn't apply.
      • The property would also not yet be the prospective tenant's address, so any argument around having left it at the person's address wouldn't carry.
      • The requirement is to give it to the tenant "before that tenant occupies those premises". By the time they come across the GSC when they moved in, it's too late.
      • The regulations specifically allows for the certificate to be displayed prominently in certain circumstances, which can imply that a copy of it just being in the property is not sufficient in the other (normal) circumstances.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

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        #18
        I'd be interested in any evidence that a gas safety certificate left in a property when a tenancy begins has ever been found not to have been "given" to that tenant "before they moved into the premises".

        I appreciate that there's always a first time...
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #19
          The point is when does a tenancy begin and that the GSC has to given to the tenant BEFORE the tenancy begins. It may be an academic argument before there is a court ruling but it might be enough to create doubt.

          Comment


            #20
            It's not before the tenancy begins, it's "before that tenant occupies those premises". For short term private residential, that's often the same, but it doesn't have to be.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

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              #21
              Thank you for your replies. Tenants are now saying no to letting me fill some minor holes that they say mice are still entering through. Having filled holes around the main entry points myself at their request previously they're now saying leave the materials and they'll do it. At their request I am having to get a pest control expert in to look at the property.. I believe this is all to aid to a possible frivolous claim they may be getting ready to file which is for a financial aim. Can I say no to them making the repair and also say no to a pest control person if they're not allowing me to be present at the same time?

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                #22
                You need to put them on the defensive by proposing a reasonable time for the survey at which you can attend.

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                  #23
                  I've already got confirmation that they can attend from the tenants but not me.

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                    #24
                    You shouldn't have let them negotiate directly with the tenants. You should have agreed a reasonable time with them, and then presented that t the tenants.

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                      #25
                      Serve Ts with min 24 hr Notice of Inspection and see if Ts will grant you access, or provide Contractors with a video to record all salient points of ingress and remedial work carried out.
                      It is LLs resp to secure likely ingress points and T to eradicate any infestation.

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                        #26
                        I did negotiate the time with the tenant and so fingers crossed I'll be allowed in also. yes I've tried to secure all ingress points but they keep saying there's more of them but I don't agree that they're still getting in. I think it's just a ploy to keep the issue of repair outstanding. the contractors will provide a final decision as to if and where the ingress points are.

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                          #27
                          Access was not given to me so contractor will attend without me.

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                            #28
                            Make sure that your record the refusal. If only verbal, minute the conversation and email or snail mail it to the tenant.

                            I suspect the courts are used to tenants denying access when trying to frustrate an eviction repair grounds, and will not treat tenants who do so sympathetically.

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                              #29
                              Personally, if the tenant refuses entry because you're there along with the contractor, I would tell the contractor to leave. They can either let you both in, or none.
                              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                              I do not answer questions through private messages which should be posted publicly on the forum.

                              Comment


                                #30
                                Further advice please- n5b filed to court by eviction company. Q2, the date tenants signed the agreement was before I signed it. I signed on day the tenancy began the n5b has the date of when the tenant signed it. Also Q11 ticked No (correct) then proceeded to fill out the answers as if they’d ticked Yes. Invalid?

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