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pippay
06-09-2006, 02:45 AM
Just a quick suggestion for LL's .. I noticed in the Tenants Handbook of the Housing Association that is about to house me, that they make it a condition of their tenancies that tenants must give access once a year for the annual, statutory gas inspection.

If this access is denied by the tenant, it gives the HA grounds to seek repossession. (Breach of Tenancy Terms)

I thought this would be a good idea for private LL's to include in the AST's as refusal thwarts the LL's legal obligation to carry out this inspection..

Waddya think? is this a normal thing anyway for AST's or is there some legal reason why this cannot be done?

justaboutsane
06-09-2006, 06:33 AM
It may be an expensive route to take as I don't think Section 8's are not mandatory (someone correct me if I am wrong!). Breach of Tenancy terms are part of section 8 and I think a Judge while they will have a go at the tenant won't necessarily evict (thats if the tenant turns up!)

Remember LA and other social housing have more powers to evict than private Landlords. They are able to give "temporary" ASTs for 3 months to test the tenants out and then this is extended to 6 months in some cases. Even at the one year mark a council tenant does not have security!

Congrats on getting your bungalow though! Well done for sticking it out and not backing down. I hope you settle quickly into your new home.

Surrey
06-09-2006, 06:59 AM
The standard Ts & Cs on the most recent ARLA AST include the following statement, that the tenant agrees:

"To permit the landlord or his agent or authorised workman from time to time upon a minimum of 24 hours prior written notification (except in the case of an emergency), to enter the premises during working hours and/or at other reasonable times including weekends, to inspect the premises, its fixtures and fittings, and to do work which might be required from time to time in order to fulfil obligations under this agreement or relevant legislation."

So I think that would cover getting the Gas Safety Check done. If the tenant refuses access despite the written notice, the landlord can show that he has complied with his side of the agreement, which states that the landlord agrees:
"To take reasonable steps to ensure that the landlord’s domestic gas and electrical appliances and other similar mechanical appliances in the premises for which he is responsible are safe, in proper working order and in repair both at commencement of, and during the tenancy, as may be necessary from time to time in order to comply with the landlord’s obligations under the Gas Safety (Installation and Use) Regulations 1998, the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets etc (Safety) Regulations 1994."

I can't imagine any reason for a tenant NOT to let the gas man in, the check is, after all, for THEIR OWN personal safety.

pippay
06-09-2006, 07:54 AM
Neither can I but I believe it has happened .. not all tenants are logical thinkers!

The terms of the HA I mentioned were more specific toward Gas Inspections and you are right, the recent ARLA terms would cover it but not all LL's use ARLA terms ..



I can't imagine any reason for a tenant NOT to let the gas man in, the check is, after all, for THEIR OWN personal safety.

Editor
06-09-2006, 08:19 AM
Surrey - You would be surprised if you knew just how many tenants refuse to give their landlords access for gas safety checks - it's a major problem in the social housing sector.
See: http://www.landlordzone.co.uk/gas_safety.htm

Poppy
06-09-2006, 09:46 AM
Yes such a clause would not be unreasonable in my opinion. However, when a tenant refuses access whether such a clause is present or not, the remedy open to the landlord is unchanged - take the tenant to court and evict.

Remember, no reason needs to be given to evict tenants.