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Question Title: Access denied
| Question: 28 |
| In implementing the Gas Safety (Installation and Use) Regulations, we have arranged inspections of all our managed properties by a CORGI registered gas engineer with the exception of one house where it has been impossible to gain entry. We are unable to contact the occupiers by telephone and we have written to the tenants four times without success in order to arrange for the engineer to visit. What is the landlord's position here having made reasonable attempts to contact the tenants and gain entry? We do not hold keys to the property.
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| Answer: |
| Having looked at Reg 35, the obligation on the landlord or agent is to carry out the check. Court may decide that the agent took all reasonable steps to avoid a contravention (Reg 37) but the strict interpretation of the regulation 35 puts this agent outside the law. Most tenancy agreements contain the right for the landlord to enter the premises to carry out essential maintenance upon giving reasonable notice. If no right to enter is contained in the tenancy agreement, you would have to apply to court for a court order for access. In view of the requirements to gain regular access to properties in order to check the gas appliance it would be useful for the landlord or agent to hold keys. However, the property should not be entered without giving tenants due notice so as not to breach the tenant's rights to 'quiet enjoyment'.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
April 2000 |
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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