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Comments
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higgledypiggledy_pop wrote: »I have not had any response yet from the tenants in respect to my request to make an inspection. Am I right in thinking that there is nothing I can do but wait and hope they will agree?
What does the tenancy agreement say in relation to access for inspections? Did you put the request in to access the property in writing?
£10 to a charity of your choice says, "don't know", for the first questions and, "no," to the second not least because this tenancy is most likely a fantasy.0 -
You will probably have to speak to a solicitor about access. As far as I understand it, you might have some success if you needed access in an emergency (ie. a water leak) but not guaranteed just for an inspection. Even if your tenancy agreement says you should be given access for inspections with 24 hours notice, a judge 'may' decide this infringes a tenants right to quiet enjoyment. They may not. The outcome can't be guaranteed. Judges can be funny things!
There are grey areas, different points of view in this area of law. So a lot depends on who the judge is, his point of view and if its worth taking the risk of a court case for the outcome you want (an inspection). I know I went to court absolutely certain of the outcome, the judge went against what I understood the law to be, and the judgement went against us.., and that's more common than you think. To some degree it also depends on how good the tenant are at arguing their side of the case as well. They may be what we call 'professional tenants' who manage to delay and confuse what seems to be a perfectly clear case.
Its also difficult because you are not near the property. If you went there, you would at least stand a chance of a conversation and could see through the door what state the place was in, but you could also make the situation worse if the conversation wasn't handled carefully. A professional tenant could accuse you of harrassment even if you conducted yourself perfectly.
You could get advice from somewhere like https://www.landlordaction.co.uk/ or a similar organisation who seem to have a good understanding of tenancy law. But I doubt you could evict the tenants as you want as they are still in their fixed period, even if they have broken a clause in the tenancy agreement. But I think you do need some advice re deposit responsibilities etc, what action if any you can take against the LA. So these people might be useful for advice. There will probably be a cost even for advice though.0 -
Even if you do get access for an inspection, so wat????0
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Is it a chocolate orangery by any chance?higgledypiggledy_pop wrote: »The orangery is shared with other flats and has nothing strange in it, I do think you are trying to wind me up.0 -
deannatrois wrote: »You will probably have to speak to a solicitor about access. As far as I understand it, you might have some success if you needed access in an emergency (ie. a water leak) but not guaranteed just for an inspection. Even if your tenancy agreement says you should be given access for inspections with 24 hours notice, a judge 'may' decide this infringes a tenants right to quiet enjoyment. They may not. The outcome can't be guaranteed. Judges can be funny things!
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Thank you, but I have been lucky, the tenants have returned my message and agreed to an inspection! They claim to currently be away on holiday but will let my proxy in on Thursday when they return.0 -
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deannatrois wrote: »You will probably have to speak to a solicitor about access. As far as I understand it, you might have some success if you needed access in an emergency (ie. a water leak) but not guaranteed just for an inspection. Even if your tenancy agreement says you should be given access for inspections with 24 hours notice, a judge 'may' decide this infringes a tenants right to quiet enjoyment. They may not. The outcome can't be guaranteed. Judges can be funny things!
There are grey areas, different points of view in this area of law. So a lot depends on who the judge is, his point of view and if its worth taking the risk of a court case for the outcome you want (an inspection). I know I went to court absolutely certain of the outcome, the judge went against what I understood the law to be, and the judgement went against us.., and that's more common than you think. To some degree it also depends on how good the tenant are at arguing their side of the case as well. They may be what we call 'professional tenants' who manage to delay and confuse what seems to be a perfectly clear case.
Its also difficult because you are not near the property. If you went there, you would at least stand a chance of a conversation and could see through the door what state the place was in, but you could also make the situation worse if the conversation wasn't handled carefully. A professional tenant could accuse you of harrassment even if you conducted yourself perfectly.
You could get advice from somewhere like https://www.landlordaction.co.uk/ or a similar organisation who seem to have a good understanding of tenancy law. But I doubt you could evict the tenants as you want as they are still in their fixed period, even if they have broken a clause in the tenancy agreement. But I think you do need some advice re deposit responsibilities etc, what action if any you can take against the LA. So these people might be useful for advice. There will probably be a cost even for advice though.
Could you please advise further. I made an appointment with the tenants who agreed to let my representative in (my sister) on Thursday as they were on holiday until then. My sister just phoned me to tell me that she called around at the property this morning. At first I thought that there had been a misunderstanding about times, but it transpires that she decided she would visit early as she did not believe the tenants to be on holiday as they claimed and was suspicious.
I am fully aware that this was a bad idea. Her justification was that if there was anything going on that shouldn't be, they would just hide it before a planned inspection.
She did not reveal her identity/mention the inspection and she is under the impression that she did not appear suspicious and that the girl who answered the door (as they are in fact not on holiday) could never know that this had any connection with me. If she is wrong and they do somehow piece it together has she/have I committed any kind of offence? This was completely unknowing on my part and I did absolutely not instruct her to do this.0 -
higgledypiggledy_pop wrote: »Could you please advise further. I made an appointment with the tenants who agreed to let my representative in (my sister) on Thursday as they were on holiday until then. My sister just phoned me to tell me that she called around at the property this morning. At first I thought that there had been a misunderstanding about times, but it transpires that she decided she would visit early as she did not believe the tenants to be on holiday as they claimed and was suspicious.
I am fully aware that this was a bad idea. Her justification was that if there was anything going on that shouldn't be, they would just hide it before a planned inspection.
She did not reveal her identity/mention the inspection and she is under the impression that she did not appear suspicious and that the girl who answered the door (as they are in fact not on holiday) could never know that this had any connection with me. If she is wrong and they do somehow piece it together has she/have I committed any kind of offence? This was completely unknowing on my part and I did absolutely not instruct her to do this.
Well they are going to know when she goes over on Thursday who she is.
When inspections are done on my flat I normally ask them to be done after the cleaner has been (fortnightly regular clean) I don't say why I just say it's this is when they can visit.
They may well be on holiday (from work) and don't want to have to tidy up for your visit when I say tidy up I mean giving the kitchen a once over hoover etc nothing major but there is a difference between a bit of mess you don't want others to see and the place being trashed.0 -
Surely when she turns up on Thursday for the actual inspection they will immediately realise who she is? So her plan to check if they really were on holiday will have backfired as now she won't be able to carry out the inspection.higgledypiggledy_pop wrote: »She did not reveal her identity/mention the inspection and she is under the impression that she did not appear suspicious and that the girl who answered the door (as they are in fact not on holiday) could never know that this had any connection with me. If she is wrong and they do somehow piece it together has she/have I committed any kind of offence? This was completely unknowing on my part and I did absolutely not instruct her to do this.0 -
You may be guilty of harassment. But that's unlikely to go further.higgledypiggledy_pop wrote: »Could you please advise further. I made an appointment with the tenants who agreed to let my representative in (my sister) on Thursday as they were on holiday until then. My sister just phoned me to tell me that she called around at the property this morning. At first I thought that there had been a misunderstanding about times, but it transpires that she decided she would visit early as she did not believe the tenants to be on holiday as they claimed and was suspicious.
I am fully aware that this was a bad idea. Her justification was that if there was anything going on that shouldn't be, they would just hide it before a planned inspection.
She did not reveal her identity/mention the inspection and she is under the impression that she did not appear suspicious and that the girl who answered the door (as they are in fact not on holiday) could never know that this had any connection with me. If she is wrong and they do somehow piece it together has she/have I committed any kind of offence? This was completely unknowing on my part and I did absolutely not instruct her to do this.0
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