How to approach lack of comms and requirement for access

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    How to approach lack of comms and requirement for access

    Hi All

    Although I'm based in Scotland, I hope the mods are okay leaving my post in this section as it's a more general 'seeking advice' post as oppose to anything Scotland specific.

    Background:

    Tenants have been in the property for 2 years.
    Young couple (he works, his partner is stay at home mum) with 2 young kids.
    Scottish Private Rental Tenancy Agreement in place.
    Self managed property.
    Tenants faithfully paid rent since entry and no issues with comms until end of August.
    At this point, I was advised he'd lost his job but secured a new one. However there would be a gap in wages coming in so they couldn't pay September's rent.
    We agreed September could be missed, with rental payments recommencing in October and the arrears paid 50% October, 50% November.

    Long story short, since then both tenants have gradually gone quiet on me. Needless to say, so far October's rent (due on the 1st) hasn't been paid. I know they're still in the property i.e. no moonlight departure ... yet! I have two issues, the non payment of rent and lack of access for an overdue gas safety check, overdue because of lack of comms their end.

    The non payment of rent will take care of itself i.e. I'll act in accordance with the tenancy and should the need arise, an eviction notice will be sought assuming all other avenues to resolve have been exhausted.

    What I'm more concerned about at present is the lack of access for the heating engineer to complete the gas safety check. Giving 48 hours notice isn't working due to lack of replies from them. I can't (and tbh wouldn't want to) just let myself and the heating engineer in as that contravenes the tenancy and possibly other tenant rights. So what do I do?

    The letting agent I sourced the tenants through (national agency) advised me to send a signed for letter essentially advising 'We'll be at the property on date x for the purposes of conducting the gas safety check. If there's no answer, we will let ourselves into the property to complete this legally required task.' However I wonder if this is allowed?

    I'm left wondering if I need to follow the advice below as per Scottish Government website? Your thoughts and any advice would be welcome.

    Access disputes

    If the tenant doesn't let the landlord enter the property, the landlord can apply to the First-tier Tribunal for Scotland Housing and Property Chamber for help. The Tribunal can help arrange a suitable date for the landlord to visit, or set a date if the tenant and landlord can't agree on one.


    #2
    I would apply to the Tribunal since nanny state wants to take on the role of micromanaging contracts. Let them maintain your calendar.

    And think whether you really want to be a landlord in Scotland or select tenants again who look like these.

    Comment


      #3
      Get advice from SaL, especially their helpline, free to members... = see...
      https://scottishlandlords.com/advice/

      Also lots of info/advice on their website. e.g. info on access:
      Plus landlord accreditation scotland have info on gas safety.
      https://www.landlordaccreditationsco...on/gas-safety/

      PS If you are a SaL member there is good sometimes free training from landlord accreditation on a range of subjects.

      - or one of the Scottish solicitors specialising in landlord/tenant matters - eg T C Young

      Lucky you having Gas! 46 miles away from where I rent out.

      Artful, Scottish Landlord since 2000: (Tolerably happy with landlording in Scotland, Tribunal etc etc etc.. ** )

      ( ** ) One advantage of the tribunal is that anyone can look up 4 free previous tribunal decisions on tenants, landlords, factors, agents etc... see..
      https://www.housingandpropertychambe...unal-decisions
      - eg check out applicants and/or prospective landlords, agents...

      - come on Engerland, catch up! (There are of course aspects of law more favourable to landlords in England...)

      Slàinte mhath!
      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


        #4
        Thanks for the replies. Since I originally posted there's actually been some communication from them re the rent and gas check. I'm not going to hold my breath however hopefully things are getting back on the right track!

        Comment


          #5
          Just keep records (screen shot any text messages and email them to a separate address just in case you lose your phone

          Make sure you have your ducks in a row for example
          • EPC
          • Electrical report
          • Gas check (which you are doing)
          • Landlord registration

          Comment

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