Gas boiler check tenant present ?

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    Gas boiler check tenant present ?

    I’m due to get a boiler checked in a tenanted property. What’s the best way? Tenant to be present or can I let engineer into the pro without tenant being there ?

    #2
    Either is possible, it's probably up to the tenant.
    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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      #3
      It's what you can negotiate with your tenant. Some don't like people poking around when they're not there. Others don't have the time to take off work, so are happy for you to crack on.

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        #4
        Giving 24 hours notice. Certainly don’t just walk in like some like to do.

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          #5
          Originally posted by Bridge2020 View Post
          I’m due to get a boiler checked in a tenanted property. What’s the best way?
          Tenant to be present by mutual agreement.

          There is a box on the cp12 for them to sign which has become increasingly important.

          It is what any reasonable tenant or homeowner would do.

          There are exceptional circumstances but a tenant being obstructive is a big red flag.

          Comment


            #6
            There are two aspects to this: what the law allows and what it is sensible to do.

            The law

            Section 11 of the Landlord and Tenant Act 1985, which applies to residential tenancies for less than seven years, implies a covenant by the lessee that "the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair". The statutory provision applies unless the terms of the tenancy provide otherwise.

            So, if you give the tenant 24 hours' notice in writing (or such longer period as the terms specify) you and the gas engineer, or the gas engineer bearing your written authority, can enter the premises if entry is possible without breaking any lock or otherwise damaging the property. If anyone is present and bars entry or requests you or the engineer to leave at any time it is necessary to withdraw; the law frowns on anyone exercising their rights if it is likely to lead to a breach of the peace. If though no one is in and entry is effected (after giving the required notice) and only for the stated purpose, there is no trespass and the tenant cannot complain unless his goods are interfered with.

            The sensible way to proceed

            Agree everything with the tenant and only resort to your legal rights or legal action if the tenant fails to co-operate.

            Comment

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