It astounds me that someone would refuse to allow a gas safety examination into their home. It’s a little ridiculous. It’s mostly for their safety. It does, however, happen, which is why there is a procedure you may take as a Landlord to gain entry to your rental property and conduct a gas safety inspection. Let’s rehash and go over a few legal gas and electric safety check Victoria and your responsibilities as a Landlord. It’s significant! Landlords have two key responsibilities under Regulation 36 of the Gas Safety (Installation & Use) Regulations 1998:
- Make sure that gas appliances/flues and the installation pipework are in good working order.
- All essential gas appliances and flues are subjected to an annual gas safety inspection.
Several sections in all of our tenancy agreements allude to access to the property for various reasons, including inspection of fixtures and fittings and work that may be required to meet duties under applicable legislation. It’s also a good concept to read over your tenancy agreement at this time!
The three-stage procedure is as follows:
- Write a letter to the tenant seeking access to the premises for the gas safety inspection, reminding them of their responsibilities under the rental agreement (you can reference the specific clause) but keeping it courteous. And if they don’t want to;
- Send them another letter, reminding them of their responsibilities once more. Maintain a professional tone, but emphasize the need of gaining access using stronger language. You might want to tell them that this is for their advantage and safety. If you’re still denied entry, here’s what you can do.
- Send a final letter of warning. State the reason for the inspection, rental agreement requirements, and that if they still refuse access, you will have no choice but to seek an order from the courts.
So, you’ve written your letters but haven’t received a response? It’s irritating, but you do have alternatives, including:
- Ask the courts for an injunction allowing you to acquire access.
- Section 8 Possession Notice of the Property (Use this option if there are also rent arrears, but keep in mind that this can be a time-consuming and costly process).
- If the tenancy agreement (AST) is reaching the end of the fixed term, serve a Section 21 notice (You must ask yourself if they are obstructive; do you truly want to continue this relationship?)
- Don’t do anything! (It’s true!)
Remember: Keep records of all letters addressed to the renter so you can show you took all reasonable attempts to acquire access and fulfill your Landlord obligations. Go to Gas and electric safety check Victoria for more details.