Steps to Take When a Tenant Denies Access for Gas Safety Inspections

There are two stakeholders in a rented property: the landlord and the tenant. Both of them are bound to fulfill their obligations per the rent agreement. Side by side, each of them has certain rights. Both the rights and obligations are particularly defined in the rent contract. Additionally, these are also explained in the relevant law governing the tenancy issues in the UK. Ideally, the terms of the tenancy contract would cover all possible situations, defining the rights and obligations of both parties. In this context, the most critical issue is the landlord’s access to the rented property. 

In the UK majority of tenancy contracts follow the “Assured Shorthold Tenancy” (AST). AST defines the rights of the landlords to enter the rented property for a valid reason. One of the core reasons to access the property is for the much-needed gas safety inspection. At the same time, the tenant has the exclusive right to give or not to give permission to the landlord to enter the property for this purpose. 

However, the tenant should ideally assign a valid reason for not giving permission to the landlord's access to the property. Practically, a landlord cannot access the property in the absence of the express permission of the tenant. Under ideal situations, the tenants are quite cooperative and would allow the landlord to enter the property, especially for the annual gas safety inspection, which is a legal responsibility of the landlord. However, there is every possibility that a tenant may not allow entry of the landlord, due to one or the other reasons.

In this situation, the landlords need to react prudently, while following the legally available options. Otherwise, they might be accused of harassment or intrusion.

Importance of Annual Gas Safety Inspection – Role of the Landlords

The basic law governing the use of gas for domestic and non-domestic purposes is known as "The Gas Safety (Installation and Use) Regulations 1998", as amended from time to time. Under this law, the landlords are required to get a valid "Gas Safety Certificate", commonly known as CP12, for their rented out properties. For this, they need to arrange the "Annual Gas Safety Inspection" on all the gas appliances and allied fittings, and pipework installed in the property. 

The Gas Safety Regulations 1998 bound the landlords to ensure the following:

• To keep the rented property gas safe under all circumstances. 
• To make sure that all the gas appliances and allied fittings, including gas pipework, flues, and boilers, are safe for use.
• To ensure that the property holds a valid gas safety certificate (CP12), to evidence that the property was inspected for gas safety during the last 12 months.
• To arrange the annual gas safety inspection by a Gas Safe registered engineer. 

Failure to fulfill the above obligations, the landlords may result in legal consequences, which include penalties.

In this context, the landlords need to access the property so that the gas safe registered engineer may conduct the annual gas safety inspection without any hindrance. The landlords are required to inform the tenant about the upcoming gas safety inspection, seeking their permission to access the property. It is important for the landlord to inform the tenant in writing, either through a letter or via email, conveying the date, day, and exact timings of the inspection. 

Normally, it should not be a difficult task for the landlords, as most of the tenants would easily allow access to the property for this purpose. However, in some cases, the tenant may ask for rescheduling the inspection plan, which can be easily managed by the landlords. But the problem arises when a tenant consistently refuses to give permission to the landlords to access the property, under one or the other objections. 

Steps to Take When a Tenant Denies Access for Gas Safety Inspections

The situation might prove to be critical for the landlords in the event of refusal of the tenants to allow access for the annual gas safety inspection. Unfortunately, the landlord cannot force the tenant to allow access to the property under the tenancy rights. On the other hand, the landlords will have to face the consequences in the event of failure to get the property inspected for gas safety. 

So, it is very important for the landlords to keep trying to get the required permission from the tenant. As a general precaution, the landlords may follow the steps mentioned below when the tenant denies access for Gas Safety Inspections:

Give Notice in Writing

As a general practice, irrespective of the response of tenants, the landlords should always convey the inspection schedule, in writing, to the tenant at least 24 hours prior to the inspection, or if possible, well before the inspection date. The notice must be served in writing through a formal letter or via email. 

The following points must be clearly mentioned in the notice/letter:

• The day, date, and exact time of inspection, as finalized with the Gas Safe registered engineer. 
• Mention that this is a legal requirement under the Gas Safety (Installation and Use) Regulations 1998. Also, mention that failure to do so may attract legal proceedings and penalties. 
• Mention the consequences of their refusal, such as legal action or possible eviction proceedings.
• Also, offer them the option of rescheduling the inspection, per the convenience of the tenant.

The communication has to be clear and precise. Avoid any unnecessary details. 

Repeat Notices

• If the tenant seeks to reschedule the inspection process, the landlord must accommodate them accordingly. 
• Once the date and time have been rescheduled according to the convenience of the tenant, the landlord should send the second notice, again in writing, through email or a formal letter.
• In case the tenant does not respond positively and keeps on denying the access or even remains un-responsive, the landlord should give subsequent notices, with reasonable interval. 
• The landlord should keep trying to get the required access, without any lapse. This is very important to prove that the landlord had tried their best to get the required permission to access the property for the annual gas safety inspection. 

Keep a Record of All Attempts

• Keep a copy of all notices sent to the tenant, whether through email or formal letters.
• If possible, try to get acknowledgement of notices from the tenant and keep them preserved.
• In case of phone calls or text messages, keep a record of every call, with date and time. Save the text messages as well. 
• If the tenant had responded to any of the notices, the same must also be preserved for future reference.
• If the landlord has personally visited the tenant, A     qq21`eep the record with date and time and the outcome of the visit. 

Understand the Tenant's Reservations

If the tenant responds to the notices and calls, try to understand their viewpoint. They might have reservations about a possible breach of their privacy. They might be feeling inconvenienced. Try to address their concerns while emphasizing that it is a mandatory requirement under the prevailing rules and regulations. Side by side, the landlords must sincerely try to accommodate the tenant at their convenience. 

• Get a Court Order 

The landlords have the option to approach the relevant Court in case of consistent refusal by the tenant to allow access for gas safety inspection. But before doing that, the landlords must consult a qualified Lawyer so as to avoid any complications at a later stage. It should also be kept in mind that applying for a Court Order is the last resort. However, the landlords must use this option to demonstrate that they complied with the legal responsibilities and that no option has been left unattended.

• Give Eviction Notice

In the event of consistent denial to give access for gas safety inspection, the landlords have the option to give an eviction notice to the tenant. There are two possible ways of serving the eviction notice. The landlord may opt to proceed with the eviction by serving a Section 8 Notice, under the grounds of breach of tenancy terms (Ground 12). In case of periodic tenancy, eviction proceedings can be initiated by serving a Section 21 Notice.

Here, the landlord will have to produce all the documented evidence, which includes the record of notices and letters sent to the tenant and/or the proof of having contacted the tenant through any other mode of communication. 

IMPORTANT

In case of failure to get the property inspected for gas safety, the property might be at risk of a gas mishap. The landlord should report the event of any possible danger to the local authorities, such as the Gas Emergency Service.

Conclusion 

The safety of the property against the potential risks of using gas appliances is the responsibility of the landlord. For this, they are legally bound to arrange annual gas safety inspections on all the gas appliances installed in the property. To get this done, the landlords are required to get permission from the tenants to access the property. Generally, this should be a routine matter, but sometimes a tenant may not allow access to the property for one or the other reasons. 

In any case, the landlord is solely responsible for getting the inspection done, but they cannot access the property without the permission of the tenants. Hence, it is crucial for them to follow the steps mentioned above and keep a record of their efforts to get the required access to the property for gas safety inspection.