Gas Access Kit

Bonus section - Notes on possession proceedings

Drafting up the claim forms - 2

The Particulars of Claim

This is the form we use to tell the Judge what the problem is.  Robert has drafted up a precedent you can use, but you may have to adapt it to suit the circumstances of your particular case.

Here is the precedent:

IN THE [INSERT NAME] COUNTY COURT CLAIM NO.:

B E T W E E N:

[INSERT LANDLORD’S NAME]
Claimant

-and-

[INSERT TENANT’S NAME]
Defendant

__________________________

PARTICULARS OF CLAIM
__________________________

1. The Claimant is the freehold owner of premises known as [INSERT FULL ADDRESS OF THE PROPERTY] (“the Property”). On [INSERT DATE], the Claimant granted the Defendant an Assured Shorthold Tenancy of the Property. At all material times the Claimant has been the Defendant’s landlord in respect of the Defendant’s tenancy of the Property.

2. It was an express, alternatively an implied, term of the tenancy agreement that the Defendant would allow the Claimant and the Claimant’s contractors and agents access at all reasonable times upon giving reasonable notice in order to carry out inspections any any necessary remedial work to gas installations in the Property.

3. The Claimant operates a system of yearly inspections, pursuant to Gas Safety (Installation and Use) Regulations 1998.

4. On [INSERT DATE OF LETTER 1], the Claimant wrote to the Defendant, notifying them that the Claimant had arranged for a gas engineer to attend on [INSERT DATE] in order to carry out an annual inspection. The Defendant was requested to provide access to the Property. The Defendant failed to respond to this letter and did not provide access as requested.

5. On [INSERT DATE OF LETTER 2], the Claimant wrote to the Defendant again. The Claimant’s letter requested that
“Please can you contact me urgently during the next 14 days so we can arrange for another appointment for our engineer to attend and carry out the inspection.”

6. The Defendant failed to respond to this letter within 14 days or at all.

7. On [INSERT DATE OF LETTER 3], the Claimant wrote a final pre-action letter to the Defendant, which stated that
“In order to prevent any damage or personal injury or illness to you or your family, we would strongly urge you to contact us as soon as possible so the gas inspection visit can be arranged.
“...
“If we do not hear from you within the next 14 days, we will be arranging to issue proceedings in the County Court for an injunction ordering you to allow us access for the purpose of carrying out the annual inspection and doing any necessary maintenance and repair works.”

8. The Defendant failed to respond to this letter within 14 days or at all.

9. On [INSERT DATE] the Claimant served a Notice of Seeking Possession on the Defendant. The Defendant is in breach of the aforementioned conditions of tenancy and the Claimant avers that Ground 12 of Schedule 2, Housing Act 1988 is made out. The Claimant further avers that it is reasonable to make an order for possession because the Defendant has breached the conditions of the tenancy agreement and has failed to provide access to allow the Claimant to carry out a gas inspection as required by the 1998 Regulations.

And the Claimant claims

1. Possession of the Property;
2. Costs;
5. Further or other relief.

STATEMENT OF TRUTH

I believe that the facts stated in this Particulars of Claim are true.

Signed ________________________

Date ____________________

 

Now go to the next section