Gas Safety Check is due. T is uncontactable. What to do?

Landlord Discussion Repairs & Maintenance
1

That’s the letter we want to send. What do you think? Any suggestions/ides are welcome. Problem is we can’t even evict him without valid Certificate.

Dear Domenic,

this is just another attempt to contact you to let you know that yearly Gas Safety Check is overdue. This is an important measure to ensure your safety inside the flat and has to be carried out at regular intervals.

Unfortunately, you wouldn’t return my calls or reply my e-mails. When I visited you today, you wouldn’t open the door. I left you a note in the mailbox. Your neighbours have confirmed that they see you regularly and hear you playing music often when you’re entertaining your friends.

Please stop ignoring our attempts to contact you. Doing yearly Gas Safety Check is a legal requirement, so the issue will not go away. Refusing us an access, you potentially endanger your own health and that of your neighbours. In case there is a leak or any kind of malfunction in the future, you may be held responsible for any consequences.

Kind regards,

Landlord

2

You can evict, make sure you document 3 attempts of trying to get it done. IE video, witnesses.

Council contact tenant if requested. I’ve had them do this.

3

I consulted a solicitor. We can’t evict him. The case will be thrown out if not all checks are up to date. It’s a loophole that some T know about and use.

4

To quote….

“If your last gas safety certificate has expired due to the tenant refusing entry, and you can demonstrate the tenant has a copy of the most recent check, the section 21 is still legally enforceable . You also have the option of applying for an injunction from court.”

Opinions clearly vary. I would seek advice from other solicitors.

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5

Thanks for that. Is there a link you can share to corroborate that S21 would still be legally enforceable?

6

You have a right of entry in this case unless the tenant actively refuses. Serve a notice of inspection through the door, mentioning the gas safety check, 24 hours before entering with your own keys. The engineer can then do the check whilst youre there.

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