As a LL can I inspect my property?

tbs624

Got2Change - Good to hear that you sorted out your LLs impromptu visits.

If you didn’t want to pay in cash you should probably have discussed this at the start of your tenancy - a LL can choose whichever payment method s/he prefers and the tenant can either discuss & agree another method, or go elsewhere, or agree and sign up.

It may be that he’s not declaring his rental income or it may simply be that it works better for his own finances to be paid in cash.

If the gas boiler has an annual safety check and a current gas safety certificate is provided then the LL has covered his legal obligations on that one. If the boiler was unsafe it quite simply wouldn’t be passed and no cert would be issued. LLs do not have to provide CO2 detectors - B&Q were selling the audible type for a tenner - if it worries you, then could you pay for one yourself?

Having the insulation will benefit you as the tenant, and I think sometimes we have to recognise that some people have utterly crap people skills - what they think of as a bit of a joke, or general chit chat, often comes across differently to others, ditto his comments about you looking after the garden. He perhaps felt he had to pass the time of day when he saw you but has limited conversational skills?

The trouble is that once a LL/T relationship has soured for genuine understandable reasons , it’s too easy to follow on with “ …and another thing……” and start including things that aren’t relevant to the real issues.It doesn’t help when they are retired and at home a lot and you probably are too.

Why not ring the Private Sector Rentals Team at the local Council?
Take photos of the stair carpet, rotten window etc, and talk to them about the boiler too if you think there is genuine concern. If there is a hot water tank that is older than 10 years the LL should be getting that checked too, following the appalling case of a tenant’s child who died after a tank burst above her bedroom. The Tenancy Relations Officer there can liaise with your LL if necessary on repairs issues and Council can inspect tenanted properties where there concerns about safety hazards under HHSRS - see here: http://www.communities.gov.uk/documents/housing/pdf/150940.pdf

You say that you feel trapped so are there specific reasons that you couldn’t consider moving somewhere new? I note that you say you are in receipt of IB - could you get support for an alternative specific housing provision?


Edit: just seen your additional post. If your LL is doing this sort of thing on a regular basis then he is interfering with your "right to quiet enjoyment" - it suggests that he he doesn't fully understand the LL &T relationship. I think a friendly but firm letter is needed and the Private Sector Rentals Team are just the people to help you with that, or someone at a local CAB who has specific LL & T experience.

If things do deteriorate further the get some free legal advice from the Community Legal Service - see here: http://www.clsdirect.org.uk/en/search/index.jsp?search=Housing%20and%20homelessness&topicid=5625

(Sorry to sidetrack the original thread folks)

Got2change

Thank you tbs624 for you knowledgable and considered reply - and apologies from me too for diverting the original thread.

I already did buy a CO detector so that's sorted (but he was the one who made a hoo-ha in the first place); the rest I admit does degenerate into "and another thing..." type snore-fest. But the list is scarily long and I do get fed up sometimes.

It just isn't a comfortable arrangement; never was for me (moving here over seven years ago after a c**p marriage and awaiting a non-existent divorce settlement) and was certainly not meant to be as permanent as it has become.

There is much needed advice in your post, which I shall now re-read and act upon.

(Apologies again to the OP but hope my post might make some in rubbish situations feel a bit better/grateful that they aren't me.)

mlz1413

Got2change the only thing I have to add to TBS624's post is do you have your original agreement?

If you do get it out and read it there should be a section on LL rights and one on T rights like the right to quiet enjoyment. I think a read of this agreement should give you the footing to sort out things like 'I'm dropping round in a minute' (apart from of course opening the door in your undies with a vibrabtor in your hand - not for the faint hearted!!) and repairing the carpet and window.

I'm assuming that your tenancy was signed at the beginning and is now rolling so its probably hard to change paying the rent in cash, but you could always ask the benefits office if they would pay LL direct and so this would remove your responsibility for getting the cash and getting your rent book signed.

TJ27

If a landlord rents out a HMO (although it doesn't sound as though this one is) then it's considered good practice for the manager to inspect about once every three months. A case a few months ago actually set a legal precedent for this. So if a landlord/manager of a HMO can't show records of 3 monthly inspections, he/she could technically be taken to court for a breach of the management regs.

http://www.cardiff.gov.uk/content.asp?nav=2874,4202,4203&parent_directory_id=2865&id=6259&Language=

(Paragraph 7)

So in many cases regular inspections should be required rather than requested. This doesn't apply to non HMOs but to be honest I think the principle is much the same whatever the house.

SquatNow

Can i suggest the OP drops off a bottle of wine as well as a thankyou to his tennants?

Got2change

mlz1413 wrote: »

Got2change the only thing I have to add to TBS624's post is do you have your original agreement?

If you do get it out and read it there should be a section on LL rights and one on T rights like the right to quiet enjoyment. I think a read of this agreement should give you the footing to sort out things like 'I'm dropping round in a minute' (**apart from of course opening the door in your undies with a vibrabtor in your hand - not for the faint hearted!!) and repairing the carpet and window.

I'm assuming that your tenancy was signed at the beginning and **is now rolling so its probably hard to change paying the rent in cash, but you could always ask the benefits office if they would pay LL direct and so this would remove your responsibility for getting the cash and getting your rent book signed.

Thank you mlz -
**1) Tried it - didn't work (!!!!) Kidding.
Seriously though -
**2) I know "rolling" is a technical term, what does it mean actually?
I signed an AST when I first came here (2000!!!!) and sporadically over the years, a new one (or new last page of the TA) has been signed. I have had to remind him some years - and am usually a bit wary of bringing up the subject as I think it may trigger something along the lines of "....hmm, now you come to mention it - (rent increase) (daughter has her eye on the property) (liquidating his assets as house has now tripled in value)...." and I get v v scared.
(There is a long story in my past about why I hate hate hate renting and I am so insecure nowadays as I pay a relatively low rent for this area and I simply cannot afford to move anywhere else....)
Anyway, I'm off now for a squiz at my tenancy agreement.
Thank you for wise words.

mlz1413

I'm going to explain it simply as I'm not good at quoting technical, but I'm sure someone else might help out there!

An AST, Assured Shorthold Tenancy, is normally for 6 months - this agrees that it is the minimum period you can rent for and that the rent cannot be changed in that period.

When the original 6 months comes to an end if you do not sign another contract then the original agreement becomes rolling or periodic. Basically you have the right to give one months notice and the Land Lord two months notice from rent date.

If you sign a new contract then you and the LL are committed to the new period ie 6 months (could be 12 or more) and so you cannot leave prior to the end of the new agreement (short of paying and not living there).

If new agreements are signed then new laws brought in will apply with new agreements, whereas in a rolling contract they don't.

so if you signed a new AST after April 2008 your deposit needs to be protected and if you sign one after Oct 2008 new electrical regulations will need to be in place.

If you are only getting a back page of an agreement signed I don't think that is a whole new agreement but I'd happily be corrected.

Good Luck finding that agreement.

ClareEmily

Icey77 wrote: »

I have a flat which has rented out to the same couple for the last year (ish) and they called my LA wanting another AST for 12 months when the current one ends.

I am very pleased they want to stay, I've tried to be a good LL - sorting out wasps nests ect promptly and they've been great tenants, paying their rent up front etc

I was wondering, as they have been in the flat for a while should I want/need to ask to make a review or inspection of the flat to see how everything is?

I don't want to invade their home but also I want to ensure that all is OK and in good repair with the flat. Is this a fair thing to consider or should I leave them to it until they eventually move out?

I have communicated with them via email so far.

Thanks

Your letting agents should be doing house inspections on your behalf, ours does it every 3 months and reports any repairs needed to the Landlord.

We have been renting for 8 years and have never had any contact with the LL only the LA, that is what they are there for.

Find out what kind of inspections the LA are doing on your behalf.

If the tenants are having 3 monthly ones anyway they might get annoyed at having a separate one done by you as well.

beer_tins

Maybe the OP lets privately?

I would simply say you'd like to go round to have a look and see if there is anything they need doing. Suggest a day and time with plenty of notice and say you are flexible on this if it doesn't suit them. shouldn't be any problem at all IMO.

ClareEmily

beinerts wrote: »

Maybe the OP lets privately?

Well in original post it says: and they called my LA wanting another AST for 12 months when the current one ends.