Annual gas safety checks are a legal must for most rented homes with gas appliances. But what happens when a tenant simply refuses to let the engineer in? This can leave landlords worried about safety, compliance, and (for assured shorthold tenancies) whether they can serve a valid Section 21 notice.
Why the gas safety check matters
Landlords have legal duties to ensure gas fittings and flues are maintained safely and that checks are carried out annually, with records provided to tenants. These duties sit under the Gas Safety (Installation and Use) Regulations 1998.
Separately, in England, a landlord’s ability to serve a valid Section 21 notice is affected by whether they have provided required documents, including a current gas safety certificate where gas is installed. Some tenants refuse to allow their landlord to undertake the annual gas safety inspection as they know that this will prevent their landlord from serving a valid Section 21 notice to evict them.
Step 1: take practical steps and keep evidence
Before considering issuing court proceedings, you should be able to show you have acted reasonably. Good practice usually includes:
- Offer several appointments (including different days/times if possible).
- Give clear written notice (many tenancy agreements require at least 24–48 hours; the Landlord and Tenant Act 1985 also refers to written notice for access to view condition/state of repair).
- Explain why access is needed (legal safety duty; engineer attendance; how long it will take).
- Keep a paper trail: letters/emails/texts, “missed appointment” notes, engineer call-out reports, and any replies/refusals. Such a paper trail will document the landlord’s attempts to comply with their statutory obligations relating to gas safety.
If the tenant is vulnerable or there are safeguarding concerns, it can be sensible to consider support routes for example, involving the managing agent or support worker.
Step 2: apply to the County Court for an access order
If reasonable requests fail, landlords can apply to the County Court for an access order (which is like an injunction), requiring the tenant to permit access on specified terms.
The legal basis often includes:
- The tenancy agreement’s access clause (many agreements require the tenant to allow access for inspections and safety checks), and/or
- Statutory repairing/inspection rights where relevant (for example, section 11(6) Landlord and Tenant Act 1985 in the context of viewing condition/state of repair).
What the court order might say:
- The tenant must allow the landlord/gas safety engineer access on a named date within a time window.
- The tenant must allow access on future dates with at least a set amount of written notice.
- The order may include a penal notice, warning that breach may be contempt of court.
Your evidence matters. The court will expect to see the history of attempted appointments and refusals, and confirmation that the check is required for safety/legal compliance.
The recent Bromley case on “forced entry”
A recent non-binding County Court decision in Bromley (Southern Housing v Mr James Emmanuel [2025] EWCC 58) is a useful reminder of the current legal uncertainty around forced entry.
In that case, the landlord had already obtained an access injunction for a gas safety inspection, but the tenant still refused. The landlord then asked the court to go further and allow forced entry. District Judge Cridge decided the court did not have power to authorise forced entry in these circumstances without express authority from Parliament (and noted that different judges have taken different approaches).
The landlord was reported to have been granted permission to appeal to the Court of Appeal, which could in time provide clearer, binding guidance.
Step 3: if the tenant still refuses after an access order
Even if the court won’t (or can’t) authorise forced entry, an access injunction still has real weight. If a tenant breaches it, the landlord may consider:
- Contempt of court (committal) proceedings
Breaching an injunction can amount to contempt of court, which can lead to serious penalties (including a fine or, in extreme cases, imprisonment). The judgment in Bromley highlighted this as a key enforcement route. - Possession proceedings
Persistent refusal to comply with tenancy obligations and/or a court order can also support a possession claim, depending on the tenancy type and facts.
Key takeaways for landlords
- Start with reasonable, well-documented access requests.
- If refused, an access injunction is the usual court route.
- If the tenant still refuses, enforcement may involve contempt and/or possession proceedings, even though the law on forced entry remains uncertain and fact-sensitive.
- Because gas safety and eviction steps can have major consequences, it’s worth getting advice early, especially where Section 21 validity is in issue.
- Once Section 21 notice are abolished (from 1 May 2026), this is likely to be a less prevalent issue but landlords will still need to comply with gas safety law and may still need to use access orders or enforcement action where tenants refuse entry.
To discuss your requirements and explore how DTM Legal can assist you in resolving your Residential Lease matters efficiently and effectively contact James Holton at 01244 354824 or by emailing james.holton@dtmlegal.com.
