This week (September 12-18) marks the twelfth annual Gas Safety Week.

All landlords renting properties with gas appliances have a legal duty to have a gas safety inspection carried out each year by a Gas Safe Registered Engineer. Once checked, and as long as all appliances are in good working order, the landlord receives a copy of the Gas Safety Certificate which must be given to the tenants. Tenants should be provided with an up-to-date gas safety certificate prior to moving into a property. 

Rules around the serving of Gas Safety Certificates and their impact on landlords to be granted possession via Section 21 have come under much debate over the last few years following several high-profile cases. However, the Trecarrell House Limited v Rouncefield case finally ruled that the late serving of a gas safety certificate does not prevent a landlord from serving a Section 21 notice provided the certificate has been given to the tenant before the notice was served. 

However, there remains one fundamental issue which keeps cropping up – denial of access.  

At Landlord Action, we recently carried out a survey of more than 1100 landlords and found that at one point or another, 46 per cent of landlords said they had been denied access to their rental property to carry out routine checks or gas safety inspections. 

This puts landlords in a very difficult situation. It is a criminal offence not to comply with these requirements and could mean the property is not safe to live in. Yet, if the tenant will not allow them, or the engineer, to enter, what can they do?

Just to re-cap, these are landlord’s legal obligations around gas safety: 

– All gas appliances and flues in rental properties must have an annual safety check

– The annual safety checks (and any necessary maintenance) must be carried out by a qualified Gas Safe registered engineer

– Any new tenants must be provided with the Gas Safety Record prior to moving in, or to existing tenants within 28 days of completing the check

– Landlords should keep a record of any/ all checks made each year

Landlords know that when a tenant moves into a rental property, they gain a fundamental right in English property law, known as ‘quiet enjoyment’. This gives tenants the legal right to live in a property without interference from the landlord, therefore they cannot just enter without the tenant’s agreement.  If they do, they could face prosecution for harassment. 

So, what should a landlord do if their tenant refuses access to carry out a gas safety inspection? 

1. Check tenancy agreement –This should state how much notice you have to give the tenant if you wish to enter the property – normally 24 hours.  If the tenant refuses access despite offering a valid reason for requesting entry, this can put them in breach of their tenancy agreement.

2. Communicate – You should clearly explain to the tenant the important reasons for needing access to the property, i.e. without inspection they risk fire, gas leaks and/or carbon monoxide poisoning. 

3. Be Flexible – Give tenants options, such as different times and dates to make sure it is convenient for them.  Also let them decide whether or not they remain or leave the property whilst the Gas Safe engineer visits. If the tenant still denies access, you should always keep a record of communication to prove you have made every effort to carry out your legal obligations around gas safety.

4. Contact Local Authority – Inform your local authority of the difficulty you are having in gaining access and seek their advice. It is important you can show you have taken all reasonable steps to comply with the law. Health and Safety Executive (HSE) inspectors will look for repeated attempts to complete the gas safety check so keep a written record.

5. Consider next steps – In your landlord inspection notice letter, make it clear that if any damage or personal injury is suffered due to any faulty gas appliance, you will not be liable

Landlords should never be tempted to enter a rental property without the tenant’s permission. This will only break trust and likely lead to a complete breakdown of communication between landlord and tenant, resulting in greater problems than may already exist.  Tenants may also accuse landlords of stealing which would be difficult to disprove if the landlord entered alone.

Today’s landlords, faced with increasingly complex legal challenges, are turning to Landlord Action for support with a wider range of legal services than ever before. 

As the market evolves and the balance of power shifts towards the tenant, we are also adapting to ensure we continue to support landlords’ needs. Whilst we continue to manage the rise in possessions, we are also looking to broaden our focus to encompass the legal issues landlords are likely to face in the future as the sector reforms. 

We are currently putting forward a case for introducing a discretionary ground for possession of unreasonably refusing landlords access for inspections. This would help give landlords the necessary authority when requesting access. We offer landlords access injunctions to complete gas safety checks. You can instruct Landlord Action HERE.

If you are being refused access to your property to carry out inspections, repairs or Gas Safety checks, and have exhausted all avenues, please contact Landlord Action for professional advice. 0333 321 9415. You can also find a complete guide to gas safety and landlord gas safety certificates HERE