Landlord wants to 'pop in'

Glitzkiss

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.

Your point about LLs being able to inspect their property regularly is a red herring in this case as an inspection is not what the LL is asking or. He is asking to pick up items that he has stored at a property he has rented out to the OP who is paying to stay there. I would assume the LL is not letting him stay there as a favour so unless the OP got a rent reduction in return for storing his goods the OP is doing the LL a favour and therefore the LL has to work around him.

IMO the LL is the party being difficult

Geenie

Glitzkiss wrote: »

Your point about LLs being able to inspect their property regularly is a red herring in this case as an inspection is not what the LL is asking or. He is asking to pick up items that he has stored at a property he has rented out to the OP who is paying to stay there. I would assume the LL is not letting him stay there as a favour so unless the OP got a rent reduction in return for storing his goods the OP is doing the LL a favour and therefore the LL has to work around him.

IMO the LL is the party being difficult

If you read the OP's first post, they agreed to the LL leaving his things when they first took on the tenancy. Therefore, they must have realised he would want to access his items at some time.

franklee

Geenie wrote: »

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.

In my case I think the checks have to be done quarterly as the agent is contracted to the landlord to do them. Luckily the same lady comes round each time and does apologise, clearly thinking that in my case they're not needed. We normally have a little chat about the property market as she's an EA too. So could be worse but I get the impression she'd rather not have to bother as after the first few times she'd easily got the measure of how the house is run and knows if there are any faults I'll let her know.

LL lives miles away, never seen him.

RainMaker_2

TDS wrote: »

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.

I disagree, the law is not ambiguous, it's quite clear as to when and why a LL can enter.

(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.

You should notice that Tenant's permission is not required here, neither do they have to be present during an inspection. So if the LL gave you 24 hours written notice that they'll be entering the property you rent at 10.00 am Friday morning (for the purpose of inspection) they are quite entitled to do so. If however, you obstructed the entry by (for example) changing the locks, or offering physical resistance the LL would (if he has any sense) obtain a court order to exercise his right in law. Although this would be a formality it would be costly, but the cost would be recoverable from you by way of breach of contract. If I was the LL on the receiving end of this kind of treatment you could also expect to be evicted at the earliest opportunity.

That said, the above is entirely different to a LL demanding entry to collect his personal belonginga, which actually shouldn't be there anyway.

eco-friendly_2

barnaby-bear wrote: »

Rapists, thieves and perverts can be LLs too...quote]



And your butcher, taxi driver and MP.

TDS_2

Geenie wrote: »

If you read the OP's first post, they agreed to the LL leaving his things when they first took on the tenancy. Therefore, they must have realised he would want to access his items at some time.

We agreed to LL leaving a few items in storage. As I say, these were items like cutlery and linen that the LL had been using when he was living in the flat. We were not told that the LL would be popping in from time to time to pick these up, and had we known this we would have not agreed to it.

Anyway, the LL has not replied to my last email stating that we do not consent to his entry into the flat w/o one of us present. I've no doubt that he will visit anyway today, while we are both at work.

There's not a lot we can do about it. He has a set of keys and is adamant that it's his right to enter the flat having given 24hrs notice. It's bollaux!

TDS_2

RainMaker wrote: »

That said, the above is entirely different to a LL demanding entry to collect his personal belonginga, which actually shouldn't be there anyway.

It's only different if the LL admits that he's only there to pick up some belongings. As soon as the T ask him to come at a time convenient to them (and possibly less convenient the the LL), the LL can chnage his mind and decide that an 'inspection' is necessary.

Either way the LL wins...

ifonlyitwaseasier

if you get home and the stuff has gone then make a complaint through the agency and (this is what i would do, in fact we have added an extra lock to our front door and the landlord hasn't got a key for it and they said that it is fine as it has added extra security to the property at no cost to them.) state that for your own security and so that your insurance is not invalidated you believe you have no other recourse but to change the locks, that you will provide a set of keys for them when you move out.


yes it might not be quite legal but if he has "broken in" then i'd see it as the only option left.

RainMaker_2

ifonlyitwaseasier wrote: »

yes it might not be quite legal but if he has "broken in" then i'd see it as the only option left.

Any unlawful entry should be reported to the police.

Glitzkiss

Geenie wrote: »

If you read the OP's first post, they agreed to the LL leaving his things when they first took on the tenancy. Therefore, they must have realised he would want to access his items at some time.

Yes but at the tenants convenience and not the LLs. He can't have free storage and his tenants at his beck and call. It sounds like this LL isn't making the distinction between his property and the tenants home. Or realising that this is a business he is running and the tenants are his customers.