Tenant never at home. Gas safe due.

[Palindrome]

I have to get a new gas safe cert done for a house I rent out. The house is 200 miles away from where I live. The tenant works away for most of the week and his weekends are taken up visiting his parents I do not hold keys for the house under an agreement with the tenant that I am happy with.

If the gas safe cert does not get done because I cannot arrange an inspection who is responsible for this. So far I have written to the tenant asking them to make access available by an appointment but unless I find a registered engineer who works at 10pm at night its never going to get done.

Anyone know how I stand legally if I can show that I have done everything I can to get the inspection done but the constraints of the tenants lifestyle prevent this from happening

[JK0]

Would tenant agree to leave a key next door for gas man to let himself in?

[jjlandlord]

Anyone know how I stand legally if I can show that I have done everything I can to get the inspection done but the constraints of the tenants lifestyle prevent this from happening

As the landlord you are responsible for the gas safety check.
So far you've only told us that the tenant was not generally at the property during normal hours, not that he refused to have the check carried out while he is away.
Thus I do not think that there is a compelling reason preventing you from having the check done.

[mariner]

jtl OP has stated he does not have a key for access. If LL has taken reasonable steps to have the GSC carried out eg arranging an inspection appt and T fails to cooperate, not much LL can do. He can't enter and disturb Ts 'quiet enjoyment', it is not an emergency.
All LL can do now is provided T with the GSC appt, provide T with tel no for GasSafe eng and suggest if T fails to arrange access for appointment or arrange one more convenient within say 3 weeks, T will be resp for callout charge of £x and lack of valid GSC. OP keep this letter on file and post with Cert of Posting.

[Pobinr]

Tell him if it's not done you'll have to have the gas disconnected. That'll wake him up.

[jjlandlord]

All LL can do now is provided T with the GSC appt, provide T with tel no for GasSafe eng and suggest if T fails to arrange access for appointment or arrange one more convenient within say 3 weeks, T will be resp for callout charge of £x and lack of valid GSC. OP keep this letter on file and post with Cert of Posting.

It is not T's responsibility to arrange this.
To me, it is not yet clear that T refuses to cooperate other than by not being there during office hours (which I think cannot be taken as refusing to cooperate).

LL should ask T for a key, or ask T to perhaps leave a key with a neighbour as already suggested.
Now, if T refuses both options, and LL has everything in writing, then I'd say that LL has done everything reasonable to get the check done.

[Ericthelobster]

LL should ask T for a key, or ask T to perhaps leave a key with a neighbour as already suggested.
Now, if T refuses both options, and LL has everything in writing, then I'd say that LL has done everything reasonable to get the check done.

I'd concur with that. So conversely if the tenant agrees to either of the above suggestions, I think it puts the boot firmly back on the landlord's foot.

[westminster]

Tell him if it's not done you'll have to have the gas disconnected. That'll wake him up.

And would also expose OP to an allegation of unlawful harassment under Protection from Eviction Act 1977.

[westminster]

Anyone know how I stand legally if I can show that I have done everything I can to get the inspection done but the constraints of the tenants lifestyle prevent this from happening

You haven't 'done everything you can' if you haven't considered alternatives to T being at home during business hours. As others have already advised, you need to make arrangements with the T for him to make a set of keys available; if he refuses to cooperate, you must make at least three attempts to ask for access (as advised by the Health & Safety Executive, who enforce Gas Safety regs). To cover yourself, these requests must be made in writing, and you should keep copy letters and obtain proof of posting.