Private Tenant. Can my landlord cap my supply if I can't give a gas engineer access?

Poelover

Hi all,I'm a private tenant and I'm having a slight issue with my landlord at the moment.
It's around time for the annual gas safety check and of course,I want this done too but because I can't give the engineer access for a couple of weeks,my landlord is threatening to cap my gas supply.
It literally is only a couple of weeks and my question is basically,is he legally allowed to cap my supply?

Tori_Scope

Hi @Poelover Thanks for posting about this. To be honest, I'm not sure of the answer to your question, but this doesn't sound like a good situation.

Could your landlord give the engineer access to your home? 

Shelter have some information about gas safety in rented properties, which you may find helpful. They might be able to offer you some advice. You could try contacting them to see if they can offer you any advice.

You may also find this gov.uk page helpful. It contains some gas safety FAQs, including the following information:

You should allow access to the property to enable the gas maintenance visits and safety check to be undertaken, as it helps to keep you and your family safe. If you fail to provide access then there are further steps your landlord can take to gain access for the gas maintenance visits and safety check to be undertaken.

There also seems to be a government Gas Safety Advice Line you can call on 0800 300 363. 

Do you mind me asking why you're not able to give the engineer access for a few weeks?

Girl_No1

Can you not get a relative/friend to allow access in your absence? 

Please bear in mind, if there are any safety issues it's not just you but surrounding neighbours who could be affected/killed for want of a safety check.

Poelover

Yes,I'm going away and when I get back,the engineer is going away.It's not like I'm refusing access,the engineer and I spoke and agreed a date at the start of September as soon as he is back from his holiday.It was the engineer who told me what the landlord had said about capping my supply,he wouldn't dare say that to me himself.
So yes @woodbine,I DO want it done but sadly can't afford to throw my holiday in the bin for the sake of having the gas check done a week or so sooner.
As for allowing access while I'm not here,no,I don't do that,unless I'm at home,nobody comes in.

Cartini

Poelover said:

As for allowing access while I'm not here,no,I don't do that,unless I'm at home,nobody comes in.

I`m not 100% on this, but I believe a warrant can be issued to the utility company to give them entry, whether or not you agree / whether or not you are there (as implied by Tori_Scope)

poppy123456

Your landlord would be able to gain access to your home for this safety check, even if you're not home.

Poelover

poppy123456 said:

Your landlord would be able to gain access to your home for this safety check, even if you're not home.

That's not the case.I know if it was a situation where I was consistently refusing access,he could go through the courts but he would have to prove that he had repeatedly tried and failed to get access.He's asked me once so thats not something the courts would take him seriously over.That's not a road he's going to go down because I'll be back from holiday and had the safety check done months before it would get to court.
Plus I've just had a response from the Gas safe register and this is what they said;

It is illegal for a gas engineer to turn off a gas supply unless there is a genuine unsafe situation at the property. The gas engineer would also need to have permission from the responsible person at the property before they could isolate the gas supply.

 

If there is an unsafe situation and the responsible person refuses permission to isolate the appliance or the supply, the engineer has to call the gas emergency provider for the area who would be able to isolate the supply.

poppy123456

Poelover said:

poppy123456 said:

Your landlord would be able to gain access to your home for this safety check, even if you're not home.

That's not the case.I know if it was a situation where I was consistently refusing access,he could go through the courts but he would have to prove that he had repeatedly tried and failed to get access

That's not correct. They need to give you 24 hours notice but definitely do not need a courts permission to enter. This applies under the Landlords and tennants act 1985. https://www.plazaestates.co.uk/news/can-my-landlord-enter-my-house-without-me-being-home

Poelover

Not quite.The landlord and tenant act says the landlord must give you written notice 24 hours prior and also says the proposed visit must be at a reasonable time.At the same time it states that the tenant is under no obligation to agree.
The Housing Act 1988 also state
 the tenant must give permission.
And goes on to say,
The only time a landlord has the right to access their rental property without permission is in an emergency. This is when there is a threat to the structure of the property or to life, such as:

■ A fire in the property

■ Structural damage that requires urgent attention

20

■ Water flowing from the building

A strong smell of gas.

Poelover

Besides which,none of the above is even particularly relevant to my situation.My landlord hasn't mentioned anything about coming in without my permission so I'm not even sure how or why that debate started🤣.
My original question was whether he could legally cap my gas supply and from everything I've read online,he definitely can't do that and certainly not in in my particular situation.
Thanks for all the help though😂😂

L_Volunteer

Apologies if you feel misunderstood @Poelover. Unfortunately, I do not have the answer to your question.

However, hopefully, someone can help! How are things for you at the moment? I hope things are better for you at the moment.

If we can do anything to help please don't hesitate to let us know. We are all here for you, even if that is just listening to you