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Question Title: Gas Safety checks
| Question: 12 |
| What should I do as a managing agent should a tenant refuse access to allow me to perform statutory gas safety checks or necessary electrical repairs ? In one case my tenant has changed the locks and although he is in all other ways a good tenant - his rent is never late - I have not been able to obtain access for the gas safety check.
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| Answer: |
| If you are happy to let the tenant remain in the property write to the tenant explaining that it is your statutory duty and in the best interests of his safety that the gas safety check be carried out. Inform him that a check has been arranged for a set time e.g. Saturday 1st January at 10 am - and that should he not be able to attend he should contact you to make a mutually convenient appointment. Any missed appointments would incur a charge to the tenant. The letter would also be an ideal opportunity to draw to his attention that he is in breach of his contract by changing the locks and that he should forward a copy of the keys to you. If a copy of the keys is forthcoming it will then only be necessary to inform him, giving reasonable notice in writing (at least 24 hours) that the safety check is to take place and the agent can then attend to allow the engineer access. This is providing, of course that the tenancy agreement allows you access for repairs. The Health and Safety Executive offer the following advice: "...regulation 35 of the Gas Safety (Installation and Use) Regulations 1994 places a duty on landlords to maintain appliances and installation pipework in a safe condition and to ensure that gas appliances are checked for safety annually, The 1994 Regulations do not give the landlord the right to enter the property without the tenant's permission. Regulation 37 of the 1994 Regulations includes an "exception as to liability" clause for certain regulations and regulation 35 falls into this category. This means that, in cases where a landlord is unable to gain access to a property to carry out a safety check, if it can be shown that he took all reasonable steps to obtain access (e.g. sending several letters requesting access, informing the tenant of the landlord's duty under this regulation) then he may not be guilty of an offence. However, if there was an incident, it would be up to a court of law to decide on what were 'reasonable steps'."
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
April 2000 page 13 |
letting-update-journal.html
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Letting Handbook |
Chapter 8 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 7 |
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factsheet-7
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For more information, discuss on the Forum
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