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I rent my home from the local council. They want to perform a check of my heater. I don't understand why as I had a check of my gas including my boiler just a few weeks ago which revealed no problems - I didn't think it would as I had a new boiler fitted only a year ago. Furthermore this check is not necessary, it is only required once annually and as I say it was done a few weeks ago and found to be sound.

 

I can't get any time off work between july - september, other than the week I already have which I have offered to them - they say no-one available at this time, and there is no-one I can leave a key with. I have told them this but they seem to think they can just gain access to my home when I'm not in.

 

Now I am not happy about this at all. I appreciate they can gain access in an emergency such as gas leak, flood etc and to perform a legally required check if I refuse entry. However I am not refusing entry, I've given them my available dates and told them I can come home in a lunchbreak if need be, but they won't organise a time, only a day, and the day happens to be one which I cannot take off. The check is not a legal requirement and I really am not happy about total strangers being in my home whilst I am not around, for starters if anything of mine was damaged it would invalidate any insurance policy. (When they fitted my new radiators and boilers, they ruined my new carpets and left a gaping hole leading from inside wall to exterior wall, which they refuse to put right).

 

Can they enter my home whilst I am not present under circumstances which are netiher an emergency or a legal requirement?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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  • 1 month later...

they must be dipsuting that a full gas service chack was completed as it reads thats what that are doing.

 

unfortunaeley they do have the right to enter your home to do this if not arranged and you are left with the bill of the joiner etc replacing locks.

 

they so souns a bit obstructive tho as whn i get mine done i have to phone and arrange for after 2pm and they are fine with that (just got is done today).

 

if they are not playing ball then i would write a letter of complaint to your local council headquarters and send recorded deliverystipulating you are not refusing entry but had advised of several dates and need it arranged to suit you

 

ida x

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Erica - you say gas fire and gas boiler - do you have both appliances? And are you sure that both were checked on the last service? Flue test and all in the case of the gas fire? Have you got your copy of the safety certificate?

 

In an outright emergency, gas leak, water leak, etc, then yes they can break in. However, ring them and ask them if they have a " valid CP12" for your property, (thats the certificate) and if they do, then there isno reason for this. Do be careful in case they have made a balls up with their paperwork -try and get the truth out of them, because they can and do get injunctions for overdue gas services, enforce them and make the tenant pay for the privilege.

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There is no automatic right of entry for a gas safety check, even if it is required by law, the only way to gain entry to do one if the tenant doesnt want it is to get a court order. If the tenant refuses consistently to have one done the LL is absolved of all problems if the thing blows up!

 

So no, they dont have the right to enter the property in the circumstances you have described.

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Cheers girls!

 

Yes I do still have the certificate. I haven't heard any more from them since my last phonecall back in June, so I am thinking that perhaps there was a balls up.

 

The letter stated they wished to check my "heater" - the only heating I have is gas central and the gas fire. They were very vague when I enquired about the letter, and they thought it must be the gas safety service which is performed annually. When I explained it had only just been done, the bloke on the phone got a bit of a bee in his bonnet about it and insisted that they could break in to perform any service. He didn't like it too much when I disagreed with him.

 

My local authority are known for cocking things up, so I wouldn't be surprised - but the use of the word "heater" was very strange! I'll let you know if I hear any more about it.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Yes, just check because very often standard Council gas fires go beyond their shelf life, and it is something that can be overlooked by them. When they realise they tend to panic. Knowing LA's as I do I wouldn't be surprised to find there had been internal arguments over whether they should be servicing these fires, whether they actually own them, so on and so forth, you know five meetings, notes and then a decision! (Or a hole, three men and a shovel - you know what I mean!)

 

And yes, in the case of servicing they will get an injunction if they have to and break in, because if HSE find out they are missing your CP 12 (if they lose their copy it has to be done again) they stand to get fined.

 

However, imagine the scenario on the 10th floor of a block, a flat develops a water leak, the tenant is away on holiday or out for hours - yes they do have the right to break in under those circumstances and they will, always accompanied by a police officer, in some cases the fire brigade. And you can be sure that the other tenants from floors 9 downwards will be very grateful that they can. The property must then be left secured and a note left as to where the tenant can obtain the keys.

 

I should write to the Council and just ask them to confirm what they need to come into your house for, and point out you work full time and have comittments like most people. However, you are willing to help with minimum inconvenience to yourself. - address it to the supervisor of the maintenance section, or the Head Of Housing.

 

Good luck!"

 

Good luck - LA's are tortoises, but they eventually get there in the end!

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