The ultimate solution - should you evict?
Over the past few days we have talked about persuading your tenant to allow the inspection in various ways, including the ‘three documented attempts’ that the Health and Safety Execution (who police the gas regulations) will expect. We have also talked about getting a Court Injunction, which you will find explained in parts 4 and 5 of our Gas Access Kit. However some landlords will prefer just to evict the tenant.
If the tenancy only has a short time to run, then if it is an assured shorthold tenancy, you will (as we suggested in part 3) be able to evict them under the ‘no fault’ section 21 procedure.
You will find full details about drafting an serving section 21 notices on my Landlord Law service >> here).
If your tenant has a non regulated ‘common law tenancy’ then you will be able to evict them (after the fixed term has ended) by serving an old style ‘notice to quit’ and then bringing proceedings for possession. Full details of this procedure and also for evicting tenants after service of a section 21 notice (both via the special ‘accelerated procedure and using the standard eviction procedure) can, again, be found on my Landlord Law site. Further information on this here.
Basing your claim on the tenant's refusal to allow access
However if these procedures are not possible then you CAN bring a claim based on the tenant's refusal to allow access itself. We do not recommend this as there is a lot more that can go wrong (Judges are traditionally reluctant to make tenants homeless), and it will take much longer than the injunction procedure.
However you will now find with the kit, a ‘bonus section’ which has wording for a section 8 notice you can use and guidance on bringing a claim for possession based on this. Note that it will be easier for you to use this if your tenancy specifically refers to the annual gas safety check and provides for you to be given access to get it done. So you should check your tenancy agreement on this point.
The final part
This is the final part of this short information series on dealing with tenants who fail to allow access for the annual gas inspection. I hope it has been useful to you and has given you some help in dealing with your uncooperative tenants.
If you need more - the Gas Access Kits is full of help and guidance which (particularly if you use the DIY Court procedures) could save you hundreds (if not thousands) of pounds AND help you keep your properties in a safe condition. Along with all the neighbours' (if there is risk of an explosion ...)
To find out more about the kit, click the big green button below. This will take you to our information page where you can read more about what is included.
If you decide to go for it, the signup process is very quick, your membership of the site will normally be set up automatically, and you could be using the kit within a few minutes.
But whether or not you decide to get the kit, I wish you all the best and hope that your tenants will not prove too trying!