Gaining Access 24 hour rule
25.02.13
Q Help, I need to carry out a Gas safety Certificate on my rented property, but the tenant keeps saying it is inconvenient. As a Landlord it is my duty to ensure a current certificate is always in place. Can I go in with my keys with the Gas Engineer as long as I give the minimum 24 hours notice? A .....
Q
Help, I need to carry out a Gas safety Certificate on my
rented property, but the tenant keeps saying it is inconvenient. As a Landlord
it is my duty to ensure a current certificate is always in place. Can I go in
with my keys with the Gas Engineer as long as I give the minimum 24 hours
notice?
A
This is a very common question I get asked, whether it be
for the Gas Safety Certificate as in your situation or general repairs or
viewings.
Most tenancies have written in to permit access after 24
hours notice, however this is for emergencies only (and that means something
serious, such as a fire). A tenancy gives exclusive possession of a property to the
tenant and they have the right to ‘quiet enjoyment’ during their tenancy, a term or concept which is implied
in all Tenancy Agreements. This means the Landlord should leave tenants to live
in the property in peace.
The tenants’ right to keep everyone out of his property will
override and access can only be gained by invitation or acceptance from the tenant.
You can apply to the courts for an injunction to gain access.
The general rules are if after three attempts (and you can prove this by copies
of letters) you have still not gained entry and you have reported it to health
and safety you will not be prosecuted.
This is probably not what you want to hear, however the law
is strict on this. Under no circumstances try to access the property with your
own keys without agreement from the tenant.