Tenant Keeps Cancelling the Boiler Checks

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    Tenant Keeps Cancelling the Boiler Checks

    Hi All,

    I am a Private Landlord, I have a couple in my Property.

    The Rent is being paid by the Local Authority and it is up to date.
    This couple have been in the property for 3 years, I have had the last 2 years Certificates also with great difficulty.

    The couple are a good couple and I don't really want to go through any legal and not to mention costly route to get in to the property.
    This will only make me raise the rent to accumulate the costs.

    I have telephoned the Tenant and have asked as to why he keeps cancelling the Boiler Check?
    He says he has not used the Boiler for almost a year and will not use it.
    I imagine he is using Electric heating and hot water.
    I stated to him that despite the fact you do not use it. a check is still necessary.

    I am also suspecting that the Tenant is in Debt with the Gas company and has no money to top up the Gas Meter.


    I have all the correspondences and kept all the cancellations to prove that I have actively been trying to arrange the check.

    I am asking if there is a way where by I can work around this and get the checks done, I realise that I cannot enter the property withput the Tenant's consent.

    Suggestions will be welcome

    Thank you In Advance

    #2
    Just arrange to be there yourself to let in & supervise when engineer calls for GSC. It's the landlord's responsibility to handle such things, not for the tenant, albeit many tenants will be happy to.

    I had a tenant, nice people, every time I dropped round the lights would be off: I'd knock on door, they'd come down in coats with hats & gloves, couldn;t afford heating. It happens, especially with the government driven austerity infection the country (you choose which country.. E, W, S, NI, Britain, UK..) is suffering...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      You need to document refusals thoroughly, as the tenant may try to use this to invalidate an eviction and you need to be able to prove the court that you used your best endeavours to carry out the inspection.

      Comment


        #4
        I believe you need the gas to be on to do the check.

        I hear a s21 landing on the mat.

        Comment


          #5
          You need to document refusals thoroughly, as the tenant may try to use this to invalidate an eviction and you need to be able to prove the court that you used your best endeavours to carry out the inspection

          This Has Been done In Detail.

          Comment


            #6

            Thanks JK0
            I believe you need the gas to be on to do the check.

            I hear a s21 landing on the mat.




            Both Gas and Electric are required for the Boiler to function.

            S21 would be a bad move as this will cost dearly, I would be more inlcined to pay for the gas and Electric myself to get the boiler certified.
            If I initiate an S21 I will still need to Certify the Boiler.

            Comment


              #7
              Originally posted by Sonnysade View Post

              S21 would be a bad move as this will cost dearly, I would be more inlcined to pay for the gas and Electric myself to get the boiler certified.
              If I initiate an S21 I will still need to Certify the Boiler.
              The s21 notice just costs 2x70p postage, doesn't it?

              Comment


                #8
                I believe you need the gas to be on to do the check.

                I hear a s21 landing on the mat.
                The s21 notice just costs 2x70p postage, doesn't it?

                I still dont agree as serving s21 would be entering into something that is not absolutely necessary at the moment.
                I did not mean the cost of the physical s21 as I am fully aware of the what a s21 is, what I was referring to is that once a Tenant is threatened with eviction, it is all too often that the Tenant starts to be more awkward than what he already is.
                but thank you for your suggestion

                Comment


                  #9
                  Write a letter asking them to get in touch about when you can carry it out.

                  Wait about 2 weeks, write them a another letter reminding them of the first letter and also why it's important to have it done. Then follow that up 2 weeks later with a 3rd and final letter - this one telling them if anything happens it's their fault.

                  After this it's up to you if you want to issue s21 and evict them.

                  Comment


                    #10
                    Originally posted by Handson View Post
                    Write a letter asking them to get in touch about when you can carry it out.

                    Wait about 2 weeks, write them a another letter reminding them of the first letter and also why it's important to have it done. Then follow that up 2 weeks later with a 3rd and final letter - this one telling them if anything happens it's their fault.

                    After this it's up to you if you want to issue s21 and evict them.
                    Once the old gas certificate has expired, it will be impossible to issue a s21.

                    Comment


                      #11
                      (Assuming they're actively refusing to let the GSC done, i.e. won't let you in to supervise either.)

                      Originally posted by Sonnysade View Post
                      I still dont agree as serving s21 would be entering into something that is not absolutely necessary at the moment.
                      Up to you if you decide a possible criminal prosecution, fine, and no s21 possible if and when you do decide to evict is less of a hassle.
                      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


                        #12
                        Unless you cap the gas supply pipe.

                        Comment


                          #13
                          Go and talk to the tenants, in their home.

                          Explain to them that it is a legal requirement for you to have the gas appliances checked and a gas safety certificate issued, even if the tenant is not going to use the appliances. And that if they do not allow you access to get the work done, then you will have to take action to end the tenancy.

                          Then arrange a date when you can be present to let in and supervise the gas engineer.

                          Note that if the GSC is not issued before the expiry of the previous GSC, then you may not be able to issue a S21 notice until another GSC has been issued (a recent judgement https://nearlylegal.co.uk/2019/08/ga...e-inspections/); in this case arrange for gas engineer to return the next day to do another check and issue new certificate.

                          Comment


                            #14
                            Originally posted by leaseholder64 View Post
                            You need to document refusals thoroughly, as the tenant may try to use this to invalidate an eviction and you need to be able to prove the court that you used your best endeavours to carry out the inspection.
                            The best endeavours will help if you're being accused of not carrying out the inspection.
                            There's no "best endeavours" defence to allow a s21 notice to be valid in the absence of a Gas Safety Certificate.
                            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).

                            Comment


                              #15
                              In that case they probably need to use the breach of lease ground under section 8 and hope the judge understands the tenant is trying to subvert section 21.

                              Comment

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