Landlord wants to 'pop in'

TDS_2

tbs624 wrote: »

...the LL will probaly seek to dress it as an "inspection", as you mention.

What are the rules governing an inspection. Is the 24hr notice sufficient, or can the T deny consent (on the grounds that they will not be in, and wish to reschedule). Basically, does the LL still have to get consent.

The rules governing this are very ambiguous.

ifonlyitwaseasier

you can deny entry to reschedule it to a time that is mutually convenient, and if that just happens to be after half 6 or a weekend then so be it.

good luck!

franklee

tbs624 wrote: »

That's an assumption on your part Franklee - I deliberately left in your afterthought sentence but then expanded on why a T may want to consider not refusing access.

Assumptions again , franklee: if you quote other posters and you alter any part of their post by highlighting, abridging etc you should indicate that you have done so - your post did not indicate that the emboldening was yours. I'll take your post as nothing more than a bit of wee small hours p*ssiness, because as I said in post 48: "see also my post above" : The T can certainly refuse but why be deliberately difficult when something like this can be dealt with by negotiation.

Eh? The posts were one directly after the other (and the little blue arrow takes you right back to the quoted post also), it's common to bold (or red/whatever) the bits referred to Don't notice you specifically saying highlights (in red/blue like above) are yours every time you do it :rolleyes: Isn't necessary to say IMO. Then you go on about my making assumptions while claiming to know which sentences of mine are afterthoughts :rotfl: I made it quite clear from the first that I think a tenant should negotiate mutually convenient access for reasonable repairs and inspections.

Still at least we agree the main point which is that the OP can refuse the inconvenient time the landlord is offering. Nice to get that cleared up. So we can also agree the tenant is negotiating offering a range of times or to put the items in the garage, it seems it's the landlord here who wants to stick to his original time. Offering one time isn't negotiating.

olly300

OP if it comes to it just inform the landlord in writing (email will do) that you don't give permission for them to come on that particular date and give the range of dates that they come. If he still insists on coming inform him if he enters without your permission you will report him to the police.

Then if he does enter go to the police station and get a crime reference number. Then send a letter to the landlord with the number in it implying you will take legal action if he does something like that again.

Obviously you are going to have to move when your fixed term is up but you shouldn't rent from a landlord you don't trust.

Mr_Matey

Tell him if he wants to collect his stuff, he can arrange someone to come around after work or on weekends, or you can leave it outside the front door for him to collect.

Or, if he wants to come on a work day he can pay you a day's wage to sit at home waiting for him.

franklee

tbs624 wrote: »

"Originally Posted by tbs624
There is an implied covenant in a tenancy agreement that a LL may enter the property upon giving a minimum of 24 hours notice but that is only for the purpose of checking the condition of the property and complying with his/her repairing obligations under S11 of the LL & T Act 1985. It is reasonable for a T to say that they want any visit ( including the repairs/inspection ones) to be at a time that is mutually convenient"
My highlighting - (netiquette to indicate btw when you alter someone else's post in any way )

Always best to check before being so adamant - it may help you to see it verbatim BBear - Landlord and Tenant Act 1985 S11(6)

"In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair."

This is separate to, but not negated by, the implied covenant from the LL that the T shall have quiet enjoyment of the property - as I said before, perfectly reasonable for any visit to be agreed for a mutually convenient time.

In the OP's case the visit is to access items belonging to the LL: having agreed to the LL storing them at the property during the tenancy there was always the possibility that s/he'd want access & it would be daft to simply refuse that..

Oh no, wait you do give barnaby-bear a netiquette lesson in hi-lighting as above you write: "netiquette to indicate btw when you alter someone else's post in any way" ^^ :rotfl:

Actually it isn't common to keep saying that here, it's implied and there are various styles different people use for quoting and highlights. You are the first person I've noticed making a fuss that posters don't specify it.

Geenie

I think this is getting out of hand. Firstly I agree that the LL should not have left his stuff at a property he is letting. It should have been removed there and then. But it was agreed that he could by the tenants.

Secondly, it should be noted that the LL is offering a time to call round and not just turning up unannounced or sneeking in when the tenants are out.

This has to work both ways, and if one party starts being difficult, then any future cooperation will be comprimised. It isn't uncommon to have to take time off work for a delivery, gas or electricity repair, so a LL calling may well have to be included on the list.

As a LL, I have a right to view my property at regular intervals for maintenance etc. This is usually once a year. I expect to go round and see what needs doing structurally. This isn't done for any snooping reasons, but to make sure that nothing is in need of repair or cause for safety to the tenants. It is in the agreement.

If a tenant refused this, then I am afraid they would be out. They have a right to enjoy their home, but I also have the right to maintain it to a good level, and that can't be done without having a look.

franklee

Geenie wrote: »

I think this is getting out of hand. Firstly I agree that the LL should not have left his stuff at a property he is letting. It should have been removed there and then. But it was agreed that he could by the tenants.

Secondly, it should be noted that the LL is offering a time to call round and not just turning up unannounced or sneeking in when the tenants are out.

This has to work both ways, and if one party starts being difficult, then any future cooperation will be comprimised. It isn't uncommon to have to take time off work for a delivery, gas or electricity repair, so a LL calling may well have to be included on the list.

As a LL, I have a right to view my property at regular intervals for maintenance etc. This is usually once a year. I expect to go round and see what needs doing structurally. This isn't done for any snooping reasons, but to make sure that nothing is in need of repair or cause for safety to the tenants. It is in the agreement.

If a tenant refused this, then I am afraid they would be out. They have a right to enjoy their home, but I also have the right to maintain it to a good level, and that can't be done without having a look.

Once a year, lucky tenants of yours. I have to put up with in theory four times, but it usually works out to be three.

But the OP has only been in one month so it's a bit early for an inspection.

If the tenant couldn't make the first time you suggest I'd hope you would reschedule to a time that suits both provided the tenant was offering a range of dates/times?

Geenie

franklee wrote: »

Once a year, lucky tenants of yours. I have to put up with in theory four times, but it usually works out to be three.

But the OP has only been in one month so it's a bit early for an inspection.

If the tenant couldn't make the first time you suggest I'd hope you would reschedule to a time that suits both provided the tenant was offering a range of dates/times?

Poor you franklee, as even though a LL, I rented in my younger days, so can see things from both sides. Location plays a part, and we are rural and in the community we let to, not agents and distanced from what is going on. So we get to see our tenants around anyway.

We keep our houses top notch, so don't need to go in more then yearly unless something packs up unexpected. That said, we have had a couple of experiences where the tenants wreaked havoc, and if we had gone in sooner we could have got them out before major damage had been done. But most are great, and we only have to attend if they request, or the annual checks are required.

hamblettamaud

in thread OPs like this naturally everyone gathers round to hug and kiss the OPer as we only have her side of the story.

however, trying to look at it subjectively from the landlord's side i would still expect him to be the one to compromise. he wants to call round to collect his stuff then he should expect to do it when it's convenient for his tenants. or he could arrange for a friend to collect if that's not convenient for him. the tenants, imho, have an absolute right to privacy and him barging in when they're not at home is overstepping the mark. kick him to the kerb.