Agony Aunt: A resident has refused access for essential safety checks for more than a year
Inside Housing Management’s new fortnightly Agony Aunt column helps housing management staff tackle some of their trickiest work problems. This week, Dorota Pawlowski, one of our five Agony Aunts, answers a question about a difficult ‘no access’ issue. Illustration by Pong
Agony Aunt: A resident has refused access for essential safety checks for more than a year #UKhousingThe dilemma
I’m dealing with a resident who has refused access for over a year for essential gas safety and electrical works. We’ve made multiple appointments, as well as sending communications and attempting welfare visits. The resident responds sporadically, but always cancels at the last minute, or doesn’t answer the door.
We’re at the point where contractors are refusing to attend without guaranteed access and compliance teams are raising concerns about legal obligations. The resident tells us that they work irregular hours and feel harassed by the repeated contact.
How far should we go before seeking an injunction for access? What’s required to show we’ve acted reasonably – and how do we avoid the perception that we’re heavy-handed?
Agony Aunt Dorota Pawlowski’s reply
I hear your frustration – but just take a moment to reflect. You’re not being heavy-handed, you’re fulfilling legal duties with criminal liability attached. Gas safety and electrical checks aren’t optional.
Check your evidence first: have you documented everything? Have you tried texts, emails, WhatsApp? Since the tenant works irregular hours, ask them what time suits them best for a visit – can you offer a weekend or evening appointment, or could a friend or family member provide access? This proves you’ve bent over backwards.
After you’ve tried these options, it’s time for the final warning: get your solicitor to hand-deliver a letter giving one last deadline before court action. Solicitors’ letters carry weight that yours don’t.
Consider the tenant’s welfare. If something feels off about why they’re avoiding you, consider a Care Act referral. This shows you’ve considered their personal well-being, and any potential further support needs.
After you’ve taken these steps, go to court with confidence. After a year of being unable to access the property, an injunction isn’t heavy-handed – it’s entirely justified. Judges see these cases regularly and recognise your legal obligations. They won’t think you’re the villain.
You’ve been more than reasonable. It’s time to stop apologising for doing your job, and to take action. The courts will back you.
About Dorota Pawlowski
Dorota Pawlowski is a partner in the property disputes team at law firm Trowers & Hamlins.
She has more than 25 years’ experience in the residential property sector, advising landlords in all aspects of tenancy management.
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This article does not constitute legal or other professional advice. It has been prepared for general information only. While every effort is made to ensure the information is accurate and current, no assurance is given that it is complete or applicable to your particular situation. Before making decisions or taking action based on the information, please consult a suitably qualified professional. No responsibility is accepted by Ocean Media Group Ltd, its employees or its contractors for any loss or damage resulting from reliance on this article.
List of Agony Aunt dilemmas
A resident keeps making noise complaints, but these are unenforceable
Noise complaints and how to deal with them
A resident has refused access for essential safety checks for more than a year
A question about a difficult ‘no access’ issue
We keep getting complaints about cannabis smells
How to deal with complaints about persistent cannabis smells
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