Reasonable Access

[MrWoof]

I understand that I can, if necessary, enter a property to carry out essential repairs and must give a tenant at least 24 hours notice but what about general maintenance and gas safety checks. I have had instances where a tenant informs me of work that needed to be done but was not prepared to be in during normal hours, same applied for the gas safety check. As a last resort, I informed the tenant that I would arrange to be present while work was done, strangely enough, they managed to be in after this. Could I have legally entered the property had they not been present. In addition to this, my insurance requires a quarterly inspection (how detailed is not specified), could I claim this as necessary and/or would it be considered harassment.

[Paul_f]

You have an implied authority to carry out maintenance/repairs under S.11 Landlord & Tenant Act 1985.
If the tenant refuses you access then write and tell him he is responsible for the cost of rectifying any deterioration/damage to the property.
If he does not allow you to have a GSC then again write and tell him despite your efforts if he still refuses then you will not be responsible if he should have carbon-monoxide poisoning (he'll probably be dead by then!).
If your insurance company requires a quartely inspection write and tell them of your difficulties of being able to carry this out!


I sometimes wonder why experienced landlords are unable to apply any common sense when faced with this type of situation, rather than not knowing what they should do!

[MrWoof]

Thank you Paul, good advice as usual but one question, theoretically, once I ask for a gas safety check I have fulfilled my responsibility and have to wait for the gas fitter (or tenant) to accomplish this. I can't believe that if anything happened in the meantime, say a month's delay, that a court would absolve me of responsibility if anything happened.
Experienced, yes, all knowing, no, thats why I ask on this forum, since when did courts apply common sense?

[Paul_f]

theoretically, once I ask for a gas safety check I have fulfilled my responsibility and have to wait for the gas fitter (or tenant) to accomplish this
No! You haven't "filled" your repsonsibility, you have to be seen to be making a reasonably concerted effort. You can't just hand it over so to speak, and then forget about it, you have to follow up any instruction to the GORGI engineer to see if it has been carried out! Likewise if you are trying to contact the tenant - you musn't be easily deterred.