Access Question

[SellUpAndCallItQuits]

Hi All,

I've seen a lot of useful information on access for landlords on the site and if I read it correctly, excepting emergencies, if the tenant refuses to grant access to the landlord then short of serving a s21 there is very little hecan do.

My situation is this, I've recently inherited responsability for a house that has been split into two flats, unfortuntantly when the conversion was done both electricty meters where left under the stairs inside the downstairs flat.

At the moment the upstairs tenant is about to move out and although I'm hoping to get the property let again fairly quickly I do need to get some electrical work completed (including safety checks) so this is going to involve a couple of meter readings and a couple of contractor visits.

I'm hoping to keep everything as amicable as possible but access has proved to be awkward in the past and in this instance there is no benefit to the downstairs tenant.

Do I have any right of access to the electricty meter? And for future reference would it be enforcable to add a clause to the tenancy agreement for access?

Thanks in advance for any input.

[Worldlife]

Whatever you write in the AST about rights of landlord access can, except in cases of emergency, take second place to the tenants rights of possession and rights to privacy.

Maybe your Electricity supplier could help. Here's a quote from an Ofgem memo to a Select Committee.


1. WARRANTS OF ENTRY

The Gas and Electricity Acts give energy companies powers to enter premises for specific purposes. These powers can be exercised with the consent of the occupier. Where consent is not given, energy companies can apply to a magistrate for a warrant of entry under the Rights of Entry (Gas and Electricity Boards) Act 1954 (as amended). it has to be shown to the satisfaction of a magistrate, on sworn information in writing, that access to the premises is reasonably required. The 1954 Act defines "premises" as a building or a part of a building. Ofgem does not have jurisdiction over the 1954 Act, which is enforceable by the courts. However, we would advise energy companies to regard a warrant as appropriate for access to all those parts of a building in which the customer has an interest, including the external parts. This would normally include a meter cupboard.

More information inYour rights - power of officials to enter your home (http://www.yourrights.org.uk/your-rights/chapters/the-right-to-privacy/power-of-officials-to-enter-your-home/gas_and_electricity_boards.shtml)