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Question

Entry and Refusal (England)

House works while accelerated possession in progress

31 Aug 2016 | 8 comments

The tenant turned away three contractors in June who were to carry out work she requested and for the yearly gas certification. I served her the section 21. 2 months are up so sent in the nb5 last friday. She’s come back again asking for the work. She says she will only allow the gas certification once the works are done. I obviously want to have it done at the same time since she has denied access to the property multiple times. Should I have the work done? Or should i hold out? If she complains to the council – will they be reasonable and hear me out or am I risking an improvement notice? (Which obviously invalidates the section 21). I sent a contractor in to do an emergency repair on a tap. The other work is minor (broken toilet seat, cracked tiles in the kitchen), etc.

Answer

8 Comments

  1. guildy

    I would try to get the works completed as soon as possible because it will avoid future arguments. The tenancy continues up to the bailiff executing the warrant (if it gets that far). That way both repairs and gas safety can be done at the same time.

    If an improvement notice were to be served, it wouldn’t affect the section 21 because that only applies if the improvement notice were served before the section 21 was served. Those provisions only apply to a tenancy or renewal granted on or after 1 October 2015 so if yours is before then, it becomes irrelevant.

    If the tenancy is since 1 October, there could be possible retaliatory eviction arguments which is another reason to get the works done. However, from what you describe, I don’t think they would apply because in my view you have provided an “adequate response” (by trying to get the works done).

    • Jovie

      I am very willing to get the works done and have suggested that works and gas safety be done at the some time. But she is insisting that works be done before. Her emails are downright nuts (name calling, lies, blames, etc). Could it still go to court if she hasn’t even got around to calling the council yet? 

      Sent from my Samsung Galaxy smartphone.

    • Jovie

      She has been around for a few years but unfortunately we signed the last Ast on oct 14, 2014

      Sent from my Samsung Galaxy smartphone.

    • Jovie

      Sorry Oct 14, 2015

      Sent from my Samsung Galaxy smartphone.

  2. guildy

    This is unlikely to be any issue nor defence.

    However, easier to get it all done and ensure there are no arguments.

    All you can do is the best you can and just get it all done as soon as possible. There is no need for you to ask permission to do any of the works (in whatever order) although if you are refused entry then you mustn’t enter.

    • Jovie

      The tenant doesn’t want to leave. If not based on retaliatory eviction she’ll go digging for something else. If this is her argument atleast I know it’s not a good one. If I do the work and she goes digging for something else and finds a geniune reason – then it might create a real issue. I’ve tried to be diligent with everything but you never know! Is this not the right way to think of it? 

      Sent from my Samsung Galaxy smartphone.

      • guildy

        I would agree and all sounds good so far.

        If a defence is filed, let us know and we can advise accordingly.

        • Jovie

          Hi Adrien, just wanted to let you know – got a court order and the tenant moved out. thanks for all your help. Couldn’t have done it without your help/advice.

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