Arrived home to find a Gas inspection had taken place with no prior warning, is this correct procedure

[bettyboo30]

HI, I arrived home, then realised someone had already been in the house. I knew nothing was missing so I hadn't been burgled but the mat had been moved, some items in the kitchen etc, I then realised someone had been to test the gas, although today was the 13th of July, they were marked the 12th of July.

 

I then opened my post to find a letter informing me a gas inspection was to take place today. The letter was dated 2 days ago, the post mark was yestarday. By the time I got home, it was too late.

 

It has upset and unsettled me that someone has entered my home, without me knowing. I want to write to my landlord but I have no contact details.

 

I wasn't aware that renting in the private sector meant that arrangements could be made to enter the house without prior warning. Is this right? The letting agent informs me they have followed procedure??

[Bang!]

Your tenancy agreement is likely to state the landlord can inspect the property offering 24 hours notice.

 

It's a statutory requirement for the landlord to comply with the gas inspection. However, it seems badly organised being left so close to the date you were never actually informed (especially as the inspections normally need booked at least a couple of weeks in advance).

 

Effectively as you never objected (as you never received notification) they just went in anyway - presumably based on the statutory requirement and contractual term. I would doubt its unlawful, but its certainly unprofessional/sharp practice.

 

If you wish your LLs details, ask the letting agency, and failing that obtain the details from the Land Registry.

[mariner51]

HI, I arrived home, then realised someone had already been in the house. I knew nothing was missing so I hadn't been burgled but the mat had been moved, some items in the kitchen etc, I then realised someone had been to test the gas, although today was the 13th of July, they were marked the 12th of July.

 

I then opened my post to find a letter informing me a gas inspection was to take place today. The letter was dated 2 days ago, the post mark was yestarday. By the time I got home, it was too late.

 

It has upset and unsettled me that someone has entered my home, without me knowing. I want to write to my landlord but I have no contact details.

 

I wasn't aware that renting in the private sector meant that arrangements could be made to enter the house without prior warning. Is this right? The letting agent informs me they have followed procedure??

 

Your OP is inconsistent, You arrived home before opening letter re GSC appt. On the basis of a moved mat and some kitchen items you decide that someone had been to test the gas, no items missing. You must have had some prior knowledge that GSC was due on 12 July before reading LA letter.

OK LA/LL was prob at fault for gaining access without prior T consent after service of min 24hr stat Notice but a Judge may consider that an ann GSC inspection is to the benefit of the T and a stat requirement on LL.

Has this OP provided full disclosure.

L is entitled to gain access, without Notice/Court Order in an emergency situation

[Bang!]

I would say its not really an emergency situation.

 

I am not saying this with reference to the OP, but often some types of tenants agree a time, then stand up the engineer. It also tends to be alarmingly obvious which ones will do it from their nature.

 

Given the HSE publications state it's the LLs responsibility, and cannot be lessened by tenants declining to accept the need for an inspection, I contacted HSE to find what action would be taken if a tenant declined to permit access.

 

HSE replied if an inspection had been arranged and the engineer stood up, or a LL could show the tenant was procrastinating, resulting in the inspection running beyond the year - then in the event of gas causing injury the LL would not be prosecuted if the tenant had prevented the inspection.

 

When it does happen and I suspected it would beforehand, I issue a notice to quit and mention its a breach of the TA, and so discretionary grounds for eviction.

 

If its dizzy students, its often easier just offering to sit in the common area that day for them.

Edited July 14, 2012 by Bang!

[The Carpet Cleaners]

In a nutshell Betty, technically they are in the right, however if you wish to stop things like this happening again, without you being there. change the locks, keeping the original ones to put back on when you move out. This way they will have to get your permission and you will have to be there to allow entry.

[bettyboo30]

Your OP is inconsistent, You arrived home before opening letter re GSC appt. On the basis of a moved mat and some kitchen items you decide that someone had been to test the gas, no items missing. You must have had some prior knowledge that GSC was due on 12 July before reading LA letter.

OK LA/LL was prob at fault for gaining access without prior T consent after service of min 24hr stat Notice but a Judge may consider that an ann GSC inspection is to the benefit of the T and a stat requirement on LL.

Has this OP provided full disclosure.

L is entitled to gain access, without Notice/Court Order in an emergency situation

 

Yeah you got me, I came home from work, bored, thought I'd make up a wee story and post a thread, tell a bit of BS just to see what I got back! It was as explained, I merely cut out the boring bits, about how I found out it had been an inspection, which is irrelevant and does not change the facts anyway but can elaborate for you if you wish.

 

I know that some people wish to offer advice, I know that some people read threads and look/find things that they can pin point to say oh your wrong or this could be said but hey ho I'm not on a debate team but am willing to debate if thats what you would prefer? I posted on the site to get other points of view, not on whether my facts were true or not, but I thank you for letting me know that others may questions my integrity. In the future I will be sure to consider that people will troll through threads and poke holes before offering help. Yet you can't be too careful, people now a days, turning to websites for help!!! From now on I know to go in depth and into the nitty gritty and therefore avoid replies such as yours, and how much time did this take to read that you'll never get back!!!!

[mariner51]

Sorry you feel like that.

I could be a future adjudicator assessing your claim, so anon I express my questions in advance, or I could be your legal advisor, charging £100+/hr. UK law ids adverserseriaL, not a polite debate

You say you have undisclosed evidence , thus restricting informed opinion.

My currentn opinion is offereed free gratis based on info provided

The decision to accept or not is yours.

IANAL

[assisted blonde]

This sounds the same as a thread that was posted a while ago, any connection?