"Owain" wrote in message
...
"IMM" wrote
| "Ed Sirett" wrote
| Many LA/HA landords usually write to their tenants that they wish the
gas
| installation to be inspected but make it clear that they will force an
| entry if necessary. It seems improbable that they would take such a
line
| if they did not have a legal basis for this.
| THEY CANNOT force entry for "any" reason whatsoever. If they state this
in
| writing they are ignorant of, or outside, the law. If the tenant does
not
| want the CORGI man inside, that is it, he doesn't go in
However the law *requires* rented property to have an annual CORGI gas
check. Most tenancies have a clause in them that they cease if the
property
becomes uninhabitable, and one can argue that this applies: that the
property becomes legally uninhabitable by a tenant. The tenancy ceases,
and
because the property was rendered uninhabitable by the tenant's actions
the
tenant is estoppped from action against the landlord.
No court is going to uphold that it is reasonable for a tenant to prevent
access to a property for a legally-required and safety-related inspection.
A tenant does not need to allow anyone into the property. Full stop! If a
tenant pays rent and doesn't allow access then you may be right that the
property is "uninhabitable". But I doubt a court would say it is
"uninhabitable", just because the gas wasn't checked, with no firm evidence
to say that the installation is dangerous.
If a tenant does not pay rent and doesn't allow access, the landlord goes
through the normal re-possession procedures. If the court gave possession
to the landlords, the tenant can ignore the court. then the bailiffs come
after a long wait in London, and the tenant move out the day before they
come. They give an appointment of the date. The tenant can just walk
straight out past the landlord and even call the police to say their may be
a breach of the peace. So the police escort the tenant out, keeping the
landlord from speaking to them and who may have run up rent arrears of
£15,000, and they need not tell anyone where they are going.
The tenant will have a CCJ against them - usually pretty useless as some
people collect these and pin them on the wall. The landlord, to get his
rightfully owed money has to find out where they work, and then they can get
the money taken out of their salary. This may be very difficult, as you do
not have to tell anyone where you work. If they are self employed with no
assets, such as a house, then tough. The defaulting tenant may have broken
the criminal law by giving false references, see if the police give a hoot.
Brilliant laws eh! The UK is a fraudsters paradise and the laws and police
aid them.
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