Tenant accused gas man of molesting her

[Alison James]

I have a tenant who I suspect has mental health problems. She is in her 60s or 70s and has a carer come in every day.
She pays a years rent in advance as her income cannot support the rent so she is a good tenant in that respect. The place is kept immaculate and she is no bother really.
If she asks me to do a repair she will let someone in, but last year she refused to let the gas man in to do the CP12.
I am considering whether I want to renew her tenancy and am just wondering where I stand if she refuses to let the guy in to do the CP12.
Obviously I can be prosecuted if I do not have a CP12, but what are the legal implications for me if she refuses entry to the man.

[thesaint]

What proof do you have that you requested the Gas check to be done, and her refusing?

[westminster]

http://www.hse.gov.uk/gas/landlords/dealing.htm#access

A landlord has to show that they took all reasonable steps to comply with the law. HSE recommends the following best practice in these circumstances and strongly advises that a record be kept of all correspondence with the tenants:

• leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details;
• write to the tenant explaining that a safety check is a legal requirement and that it is for the tenants own safety. Give the tenant the opportunity to arrange their own appointment;
• HSE inspectors will look for repeated attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances.

[LesleyAnne]

Is there any way you can contact the carers and liase with them for someone else to be with her when the Gas Check is done? If she does have "issues", may just take someone to give moral support to resolve this.

[Brb]

Is there any reason for her refusal ? if she let in others then possibly she's taken offense to the bod you used for last gas check ? maybe offer to come with the gas check person ?

Just seems a shame really if she's a perfect T in every other aspect.

[macgrl]

How far in advance should you notify the T that you want a gas check done. I presume most LL like to have it done close to the date? If the T won't let the gasman in the day before the old one expires there is no time to write etc - T may have said yes okay to the LL then tells the gasman to go. Would that be seen as unreasonable that you didn't get it done weeks before the renewal date? How soon before the date do people notify T and also get it done?

[emwithme]

(I am a tenant)

I was phoned on Monday to arrange a date for the inspection for next week (we've booked it in for Monday, it needs to be done by Friday). I think this is reasonable - any earlier and I'd probably wonder *why* they were ringing me already and any later and it may be a struggle to fit it in (although I'm flexible at the moment as I'm not well, if I was at work I'd have to either arrange it around my working hours or apply for time off)

[Bagpussss]

Tenant sounds vulnerable, maybe she is nervous around strangers, speak to the carer if you can and arrange an appointment time when they are there.

[Alison James]

Many thanks for that link Westminster. It is very useful.
Also many thanks for the other replies.
I would just say that I was going to go around with the gas fitter anyway. When she eventually did let him in last year she accused him of molesting her. She didn't phone the police or anything. But the carer was there and obviously witnessed that the gas man did not go anywhere near her.
He was very upset about it so I said I would go around the next time.
The carer must have been there when he knocked because I had told her he was coming, so when she did not answer the door the fitter telephoned me so I telephoned her and the carer immediatley answered the door. The tenant claimed on the phone that she had heard him but could not get to the door in time. I think she was just being difficult. I think she has a drinking problem.
A couple of months earlier I had written to her and asked her if she wanted to renew the tenancy. I heard nothing from her. However, I know she lives alone and she had been in hospital a few weeks previously (suicide attempt I think) I phoned her up about the lease but there was no answer and I got really worried so I phoned the police as I did not want to let myself in unannounced. In view of the circumstances, the police arranged to meet me at the property and I was going to go in with them to see if she was OK. They arrived just before me and the door had been broken down by social services the day before because they were also worried. So the police went in and she told them I had been harrassing her. The police did not believe her (thankfully) However they did tell me I should get rid of her as she was extremely unpleasant and the flat was a lovely flat.
I do think she is unpleasant, awkward etc, but from a tenancy point of view she is fine. I have agreed with her that if there are any repairs, she gets them done herself and I will reimburse her so I do not have the problem again, but its just the CP12. I know I need one and was wondering how to handle it. As she will not see it as a benefit to her, I think she will refuse to let him in.

[thesaint]

I do think she is unpleasant, awkward etc, but from a tenancy point of view she is fine.

A suicidal drunk who makes false accusations of molestation. Sounds delightful.

[Alison James]

A suicidal drunk who makes false accusations of molestation. Sounds delightful.

I know, you wouln't want to be her friend would you.
From a tenancy point of view (apart from the CP12) she is ideal.
Pays a year's rent up front. Pays for her own repairs and I just reimburse her. Keeps the place nice.
Its just she is quite unpleasant. So she is an unpleasant suicidal drunk who makes false allegations!

[JK0]

A suicidal drunk who makes false accusations of molestation. Sounds delightful.

Maybe be thankful the old girl doesn't have a mate living with her. Gas man might not get out alive:

[mk1fan]

How far in advance should you notify the T that you want a gas check done.

IMHO A landlord should inform every tenant before they take out a tenancy of the routine (statutory or otherwise) maintenance that the LL wishes to carryout during [the likely period of] the tenancy. And then two weeks beforehand. More for risk management than any statutory or defined reason.

[westminster]

I have agreed with her that if there are any repairs, she gets them done herself and I will reimburse her so I do not have the problem again

And what happens if she doesn't arrange the repairs, and instead reports you to the EHO for disrepair? What if she gets a cowboy builder in who bodges the work? There are all sorts of ways that this arrangement could go wrong.....

[Dan_Manchester]

I had a similar problem last year, tenant put up metal gate over front door, never opened the curtains, fitted a CCTV camera facing the front door and of course wouldn't return my calls or answer the door when I went looking for rent.

Was a nightmare at the time but I just documented all my and my gas fitters attempts to complete the safety check. Eventually I got rid of them and then completed the safety check. :-)