At least 30 people die each year in England and Wales due to carbon monoxide poisoning. Landlords are legally obliged to ensure that gas servicing of tenanted properties is carried out every 12 months to ensure all gas supplies are in working order.
In addition, landlords are obliged to ensure that they carry out an electrical safety inspection at the very least every five years to ensure that tenants are not at risk of shocks, fires or other potential hazards. However, landlords may want to gain access to a tenanted property for different reasons.
We have dealt with cases where tenants complained of disrepair but refused to allow the landlord’s contractor into the property to carry out repairs. More commonly, tenants will ignore appointment letters and not answer the door when the contractor calls. So what can and should landlords do?
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Many tenancy agreements will contain a clause requiring the tenant to give access to the landlord for repairs, generally on 24-hour notice but potentially with less notice in the case of an emergency. Typically speaking, landlords should begin by sending a letter to the tenant, both by post and email, if the tenant has provided an email address by which they can be contacted.
The landlord should say that access is needed and explain why it is required, e.g., for gas or electrical inspections or other repairs for which the landlord is responsible. The landlord should book an appointment for the repairs to be carried out and give seven days' notice in the letter to the tenant of the appointment.
The landlord should also include contact details at which they can be reached in case the tenant needs to rearrange or cancel the appointment. The contractor should attend at the time given as if the matter later ends up in court, the court will generally expect the contractor to have visited the property before resorting to an application to the court. If the tenant does not answer the door or refuses entry, the contractor should leave a calling card, and the landlord should follow up with a second letter confirming what happened at the failed visit.
It is generally expected that landlords will make more than one attempt at the above steps. We would therefore suggest that a second attempt is made and that telephone calls and text messages to the tenant should also be made to try to gain their cooperation.
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At this stage, given that the landlord has taken reasonable steps to try to engage with the tenant, court action is probably going to be appropriate in most cases. Please contact us and we will be happy to help you make an application to the court, asking for an order requiring the tenant to grant access. Many judges are happy to grant permission to the landlord to drill the locks of the property if the tenant still does not cooperate, providing the landlord makes good any damage caused.
Penal notices are also often given, which state that the tenant may be held in contempt of court if they fail to cooperate, which could result in a prison sentence or other punishment under the law for the tenant.
In most cases involving applications for access to residential property, landlords will not need to go to court personally. We can arrange representation on your behalf at any court hearing, as well as prepare necessary documentation.
If you need our help, please contact us today. We offer a free consultation and a fixed fee service.
Tenants who fail to comply with the terms and conditions of their tenancy agreement may be subject to a claim for possession. Non-payment or late payment of rent, property damage caused by the tenant, and evidence of disruptive or anti-social behaviour are among the common reasons for possession.
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In addition to these, there are other grounds for possession that may vary depending on the tenancy agreement, such as illegal activities committed on the property, unauthorised subletting, and breaches of health and safety regulations.
Rent arrears is one of the most common reasons why a landlord may want possession of a rental property. Landlords have a legal right to be paid rent as part of a rental agreement. It is extremely valuable to have paperwork to prove that a tenant is behind on their rental payments. You should keep a record of when payments were due and evidence to show you have requested payment in writing.
What should you do if your tenant hasn't paid their rent?
Section 8 notices can be used to evict a tenant if they have breached the tenancy agreement. Reasons must be given for the eviction notice. Landlords must provide evidence that they have been in contact with the tenant about the issue that has led to the breach.
If landlords are issuing a Section 8 notice, they must give either 2 weeks or 2 months notice to the tenant before Court proceedings for possession can commence, depending on the ground for possession. Section 21 notices can be issued with two months notice, after the fixed term tenancy period has ended.
Our team has over 30 years of collective experience in delivering high quality work in all matters relating to landlord law and tenant evictions.
We have seven members of the team who may work on your matter as well as a team of consultants. Regardless of who works on your matter, they will be supervised by Abraham Khan, Solicitor Director.