Very briefly this is the process……

•Landlord completes claim form for possession
•Landlord files claim form with court nearest to the property
•Court issues form to tenant
•Landlord receives letter from court stating form has been issued. This letter will contain a “tear off slip”.
•Tenant will have 14 days to reply with a defence
•If tenant fails to reply within 14 days, landlord tears off slip from letter and sends to court. This asks court to grant summary judgement of a possession order without a hearing.
•Judge looks at all papers and (usually) grants a possession order requiring tenant to vacate on or before 14 days from the order. The judge does have the power to call a hearing if he/she sees something in the papers that could question an order for possession (for example defective notice, or tenancy not an assured shorthold tenancy etc.)
•Landlord and tenant receive notification of possession order and tenant must vacate.
•Failure to vacate by tenant by the date ordered allows landlord to instigate court bailiff to remove tenants. (Landlord must not evict tenant himself)

Most tenancy agreements prohibit the use of Low Pressure Gas (LPG) heating appliances in rented property but why is this and what are the safety considerations?

Safety Checks
Does a mobile space heater e.g. LPG heater need a gas safety check? Yes it does.

Who is responsible for checking tenant-owned appliances and flues? Tenants are responsible for the gas safety checks of their own appliances and the flue if the flue only services their appliance. It is recommended that all flues connected to gas appliances are included within the gas safety check, even where they do not serve appliances that you provide.

Condensation
Portable LPG (Calor Gas) heaters can produce three pints of moisture in five hours and are so unless accompanied by adequate ventilation will be introducing a lot of extra water into the property and with it the potential for condensation and damp.

Location
You should always consider the positioning of the heater in your home, ensuring that it is located away from any potential fire hazards. For safety reasons it is advisable against locating your portable gas heater in any of the following locations:

Your garage or shed
For some, the thought of using a portable gas heater in their garage or garden shed can be appealing, particularly if they are spending time working in these chilly locations. However, with various flammable materials being commonly stored here, it is vital to never use a portable gas heater in these areas.

Bathrooms or showers
Warming your bathroom or shower room during the colder months can be an attractive thought, but we recommend against the use of a portable gas heater in these rooms. This is due to their size, which is often too small to offer sufficient ventilation for a gas appliance.

Your bedroom
Although tempting, never position your portable gas heater in any bedrooms in your home, as there is often an abundance of readily-combustible material in these rooms. This includes bedclothes and coverings, curtains, and soft toys; all of which could be at risk of becoming a fire hazard when placed near a portable gas heater.

High rise flats
LPG cylinders should not be used under any circumstances in high rise unstrengthened large panel system built flats. Mobile heaters may only be used in flats of traditional construction with up to four storeys including any basement storey. If you live in a high rise flat of traditional construction above four storeys tall, you must not use portable gas heaters. Many tenancy agreements for these types of property will forbid their use for this reason.

Basements of cellars
As LPG vapour is heavier than air any leakage would accumulate in the basement or cellar and would have no means of dispersing. As a result, the storage of LPG cylinders or the usage of LPG appliances in a basement or cellar is not allowed.

Health and Safety Executive – Gas Safety Checks – Health and Safety Executive – LPG cabinet space heaters and the requirements for gas safety legislation
Calor – Is your portable heater in the right place?

No

It’s a common misconception that tenants can withhold rent. Tenants do not have the right to withhold rent because of their landlord’s failure to do repairs. The law does however provide tenants with a remedy for breach of the landlords repairing obligations. The ancient common law recoupment rights of self-help and set-off allow the tenant to recoup the reasonable cost of necessary repairs which the tenant has carried out and for which the landlord is liable by withholding future payments of rent. However, tenants considering exercising these rights must take care to follow a specific procedure otherwise they put themselves at risk of eviction and this is something for which expert advice must be sought.