What Happens If a Tenant Refuses Access for a Gas Safety Check?

Both landlords and tenants are legally bound to fulfill their responsibilities regarding different matters related to the rented property. Ideally, the tenancy agreement terms should cover all possible scenarios, defining the rights and responsibilities of both parties. In this respect, the most critical matter is the landlord's right to access the property.

Most of the rented properties in the UK have the standard tenancy agreement, legally known as Assured Shorthold Tenancy (AST). It also defines the landlords' rights to enter the rented property for a valid reason, including gas safety inspection. At the same time, the tenant has the exclusive right to give or not to give the landlord permission to enter the property. A landlord cannot access the property without the tenant's consent.

Under normal circumstances, most of 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, exceptions are always there, and there is every possibility that a tenant might refuse to allow entry to the landlord. If that happens, the landlords need to react sensibly. Otherwise, they might be accused of harassment or intrusion. 

Annual Gas Safety Inspection – The Legal Requirement

Ensuring gas safety is the legal responsibility of the landlords. The Gas Safety (Installation and Use) Regulations 1998 are the basic law that covers all the legal aspects of gas safety in the UK. Under the provisions of this law, the landlords are specifically required to fulfill the following obligations:

• They are responsible for keeping the gas in the rented property safe under all circumstances. This includes the safety of all the gas appliances, allied installations, and pipework.
• The landlord is legally required to get a valid Gas Safety Certificate (CP12), evidence that the property and the gas appliances are safe for use.
• For this, the landlords must conduct the annual gas safety inspection, which can only be done by a Gas Safe registered engineer.
• If he fails to do so, the landlord is liable to be fined or put in legal proceedings in case of a gas mishap without a valid gas safety inspection record.

To fulfill this legal requirement, the landlord must schedule the annual gas safety inspection and engage a Gas Safe registered engineer. At the same time, the landlord also needs to obtain permission from the tenant to access the property and a Gas Safe registered engineer to carry out the desired inspection.

Rights of Landlords – Access to the Property

The rights and responsibilities of landlords are normally defined in the tenancy agreement. Normally, the landlords have the right to gain access to the rented property for a valid reason. Here, the valid reasons may include:

• Inspection of the physical condition of the property.
• Check if there is any breach of the tenancy agreement.
• Check for any maintenance requirements.
• Ensure safety checks are in place and working as expected.
• To conduct repairs, if required.
• EICR (Electrical Installation Conditions Report) tests.
• Annual Gas Safety Inspection.
• To show the property to the intending buyers and tenants.
• To identify any damages to the property caused by the tenant.
• End of tenancy inspection for deposit deductions. 

Hence, the landlord has the right to access the property for an annual gas safety inspection, but it is at the tenant's discretion whether to allow them.

Responsibilities of Landlords – Access to the Property

The landlords are required to give prior notice to the tenants when access to the property is required for a valid reason, as explained above, including the annual gas safety inspection. Ideally, the process of giving notice would be:

• The landlord must give the tenant prior notice, at least 24 hours before the inspection date.
• The notice should be given in writing, through emails, text messages, or a physical notice handed over to the tenant at their residence, under acknowledgment.
• If the tenant refuses or does not respond, the landlord should repeat the process at least three times.
• If the tenant shows an inability to grant permission to access the property for any valid reason, the landlord is required to reschedule the inspection date as convenient for the tenant.
• Landlords should keep a record of such notices for future reference. This is important in cases where the landlord might have to face legal proceedings due to non-fulfillment of the legal responsibility of conducting the annual gas safety inspection. 
• If the tenant continues to refuse access to the property, the landlord may seek Court Orders, which might be a bit expensive.

Responsibilities and Rights of the Tenant 

Under normal circumstances, the tenant is supposed to allow access to the landlord for a gas safety inspection or for any other valid reasons. Although the tenants have the exclusive right to allow or not to allow the entry of the landlords in the rented property, it is expected that they would normally allow access, after mutually agreeing on a convenient day and time. 

Hence, landlords can give them proper notice to fulfill their legal responsibility. Consistent or unreasonable refusal would fall under the category of "breach of tenancy agreement." It can result in an eviction notice under section 8 of the Housing Act 1988, which deals with the grounds related to breach of tenancy terms. 

What Happens If a Tenant Refuses Access for a Gas Safety Check?

Unfortunately, there are limited options with a landlord if the tenant refuses access for a gas safety inspection, as the Landlord and Tenant Act 1985 guarantees the tenant a right of “Quiet Enjoyment” of the property. On the other hand, Assured Shorthold Tenancy (AST) gives the tenants the right to "Exclusive Possession" of the rented property. Therefore, the landlords need to proceed further in this scenario, carefully and sensibly, to avoid being charged with harassment or trespass. 

The most important and worrying factor in this scenario would be the possibility of failure to obtain a valid Gas Safety Certificate by the landlord, which would be treated as an offense. In such cases, the landlord may face legal proceedings and heavy penalties. Most importantly, the refusal on the part of the tenant to allow access to the property is not considered a valid excuse for not having a gas safety certificate (CP12). However, it can be presented by the landlord in their defense. 

Additionally, failure to get the gas safety certificate, due to the refusal of the tenant to allow access to the property, the landlord may also face the following consequences:

• They might be deprived of the insurance compensation in case of any unfortunate incident of a gas mishap. 
• They might have to face prosecution by the Health and Safety Executive (HSE).
• They will not be able to serve the eviction notice under Section 21, which requires that the landlord possess a valid gas safety certificate.

Options Available with the Landlord

The landlord must prepare to face the consequences of not having a valid gas safety certificate (CP12) if the tenant refuses access to a gas safety inspection. In this case, the landlord must follow the guidelines, as mentioned below:

• Give at least three consecutive notices, in writing, to the tenant for permission to access the property.
• Explain to the tenant the importance of fulfillment of the legal requirement of gas safety inspection. This can be included in the draft of the notice. 
• The landlord may also inform the tenant in writing about the possible risks associated with noncompliance with gas safety protocols, including annual gas safety inspections. The potential risks may include fire, explosion, and carbon monoxide poisoning. The tenants should be notified of this potential risk while seeking permission to access the property. 
• If the tenant shows an inability to give permission to access the property for any valid reason, you need to reschedule the gas safety inspection for a convenient date.
• Keep a complete record of notices sent to the tenant, seeking access to the property for gas safety inspection. If any acknowledgement by the tenant is available that must also be kept on record. 
• The landlords may also escalate this matter to the local council or to the Health and Safety Executives (HSE). It can be a fruitful option, provided the landlord has fulfilled their responsibilities and attempted to get access to the property for gas safety inspection. HSE may force the tenant to allow access in such a situation.
• As a last resort, the landlord may seek legal advice. They can also request a court order to get access to the property. 

Conclusion

The landlords are legally required to conduct annual gas safety inspections on their rented-out properties. However, they are also bound to get permission from the tenant to access the property for this purpose. As a routine matter, most of the tenants would allow access without creating any problems, but in some cases, tenants may also refuse to give the required access. There might be different reasons behind such a refusal. 

In any case, it is the landlord's legal responsibility to accomplish this task. Failure to do so is considered a breach of law by the landlord. Accordingly, the landlord might face serious legal proceedings and huge fines. To avoid this situation, the landlord must record the written notices to the tenant. 

Moreover, with documentary evidence, they should be able to prove that they have attempted multiple times to get access to the property, but the tenant refused. Remember, it is the prime responsibility of the landlord to get the gas safety inspection done. So, keep trying to get access to the property for this critical task.