Question…

Help, I need to carry out a Gas safety Certificate on my rented property, but the tenant keeps saying it is inconvenient. As a Landlord it is my duty to ensure a current certificate is always in place. Can I go in with my keys with the Gas Engineer as long as I give the minimum 24 hours notice?

Answer…

This is a very common question I get asked, whether it be for the Gas Safety Certificate as in your situation or general repairs or viewings. Most tenancies have written in to permit access after 24 hours notice, however this is for emergencies only (and that means something serious, such as a fire).

A tenancy gives exclusive possession of a property to the tenant and they have the right to ‘quiet enjoyment’ during their tenancy, a term or concept which is implied in all Tenancy Agreements. This means the Landlord should leave tenants to live in the property in peace. The tenants’ right to keep everyone out of his property will override and access can only be gained by invitation or acceptance from the tenant.

You can apply to the courts for an injunction to gain access. The general rules are if after three attempts (and you can prove this by copies of letters) you have still not gained entry and you have reported it to health and safety you will not be prosecuted.

This is probably not what you want to hear, however the law is strict on this. Under no circumstances try to access the property with your own keys without agreement from the tenant.