Gas inspection included in AST's

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Gas inspection included in AST's

    Just a quick suggestion for LL's .. I noticed in the Tenants Handbook of the Housing Association that is about to house me, that they make it a condition of their tenancies that tenants must give access once a year for the annual, statutory gas inspection.

    If this access is denied by the tenant, it gives the HA grounds to seek repossession. (Breach of Tenancy Terms)

    I thought this would be a good idea for private LL's to include in the AST's as refusal thwarts the LL's legal obligation to carry out this inspection..

    Waddya think? is this a normal thing anyway for AST's or is there some legal reason why this cannot be done?
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

  • #2
    It may be an expensive route to take as I don't think Section 8's are not mandatory (someone correct me if I am wrong!). Breach of Tenancy terms are part of section 8 and I think a Judge while they will have a go at the tenant won't necessarily evict (thats if the tenant turns up!)

    Remember LA and other social housing have more powers to evict than private Landlords. They are able to give "temporary" ASTs for 3 months to test the tenants out and then this is extended to 6 months in some cases. Even at the one year mark a council tenant does not have security!

    Congrats on getting your bungalow though! Well done for sticking it out and not backing down. I hope you settle quickly into your new home.
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


    • #3
      The standard Ts & Cs on the most recent ARLA AST include the following statement, that the tenant agrees:

      "To permit the landlord or his agent or authorised workman from time to time upon a minimum of 24 hours prior written notification (except in the case of an emergency), to enter the premises during working hours and/or at other reasonable times including weekends, to inspect the premises, its fixtures and fittings, and to do work which might be required from time to time in order to fulfil obligations under this agreement or relevant legislation."

      So I think that would cover getting the Gas Safety Check done. If the tenant refuses access despite the written notice, the landlord can show that he has complied with his side of the agreement, which states that the landlord agrees:
      "To take reasonable steps to ensure that the landlord’s domestic gas and electrical appliances and other similar mechanical appliances in the premises for which he is responsible are safe, in proper working order and in repair both at commencement of, and during the tenancy, as may be necessary from time to time in order to comply with the landlord’s obligations under the Gas Safety (Installation and Use) Regulations 1998, the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets etc (Safety) Regulations 1994."

      I can't imagine any reason for a tenant NOT to let the gas man in, the check is, after all, for THEIR OWN personal safety.

      Comment


      • #4
        Neither can I but I believe it has happened .. not all tenants are logical thinkers!

        The terms of the HA I mentioned were more specific toward Gas Inspections and you are right, the recent ARLA terms would cover it but not all LL's use ARLA terms ..

        Originally posted by Surrey View Post
        I can't imagine any reason for a tenant NOT to let the gas man in, the check is, after all, for THEIR OWN personal safety.
        Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

        Comment


        • #5
          Gas Safety

          Surrey - You would be surprised if you knew just how many tenants refuse to give their landlords access for gas safety checks - it's a major problem in the social housing sector.
          See: http://www.landlordzone.co.uk/gas_safety.htm

          Comment


          • #6
            Yes such a clause would not be unreasonable in my opinion. However, when a tenant refuses access whether such a clause is present or not, the remedy open to the landlord is unchanged - take the tenant to court and evict.

            Remember, no reason needs to be given to evict tenants.

            Comment

            Latest Activity

            Collapse

            • Discussion - GDPR and implications on landlords
              MrShed
              I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

              I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
              20-07-2017, 15:01 PM
            • Reply to Discussion - GDPR and implications on landlords
              JK0
              Happy days! We can trade with the EU after Brexit then!...
              20-07-2017, 20:24 PM
            • Reply to Discussion - GDPR and implications on landlords
              jpkeates
              That's two questions.

              First, no.
              Second, no.

              The EU trades with China on the basis that no personal data is migrated, same as the USA....
              20-07-2017, 20:23 PM
            • Reply to Discussion - GDPR and implications on landlords
              JK0
              ...
              20-07-2017, 20:17 PM
            • Reply to Discussion - GDPR and implications on landlords
              JK0
              So the EU requires anyone it trades with at the moment to comply with all the laws the EU complies with? Erm, doesn't most stuff come from China nowadays?...
              20-07-2017, 20:16 PM
            • RGI and housing benefit
              cdbe
              Hi, new to the forum and relatively new to letting. My situation is:

              Couple view house, like it etc, seem OK to me. She's full time employed, he's currently unemployed but looking to start his own business as a tattoo artist. Still ok-ish. They pay me £100 holding deposit and £100 referencing...
              18-07-2017, 00:08 AM
            • Reply to RGI and housing benefit
              cdbe
              Thanks. I've binned them off. The ref co said what she earns won't cover it. TBH I don't know why I tried. I've offered her the holding deposit in full plus whatever I get back from uklandlord referencing.co (I paid them £140 - 110 for one reference and 1 year RGI and 30 for second reference, so basically...
              20-07-2017, 19:48 PM
            • Resident Landlord tenancy
              Rocky1001
              Hi all, need some advice please.

              I'm in the process of letting my flat out but am struggling to work out exactly what type of tenancy I should be using, from my research I believe it should be a form of Excluded resident landlord tenancy but I can't seem to find a suitable template as...
              10-07-2017, 12:55 PM
            • Reply to Resident Landlord tenancy
              Rocky1001
              Hi, thanks for that, so would it make a difference if I offer shared use of the main bathroom and not just limit the tenant to their en-suite in their self contained section?
              Also can I ask recommendation regarding best way of handling council tax?

              I assume their are existing templates...
              20-07-2017, 17:40 PM
            • Long Term Tenant - how to protect both LL and Tenant
              Paul4321
              Hi All,

              I'm hoping for a little guidance. I'll almost certainly be following up with some professional advice but hopefully some folks here will have been in a similar situation and can offer some advice. I have done a quick search but not found anything obvious.

              I already...
              20-07-2017, 10:07 AM
            Working...
            X