Rental Inspection - right to specific time?

QTPie

(sorry couldn't think of a more apt title...)

I have just had notice of our "quarterly" rental inspection (funny we have been renting the place since mid-April, this is the first inspection) and have been told it will be on 25th November between the hours of 9am and 5pm

As a tenant, do you have any right to ask them for a time (rather than a 8 hour window :rolleyes: )?

I do have an appointment that day and will be out for some of the day, but I am also pretty heavily pregnant and am making the most of the opportunity to sleep (don't normally get up until 10am and then tend to potter around a bit - being pregnant everything seems to take longer... ). Then likely to go to the gym and come back and have a shower before heading out to my afternoon appointment. So someone just coming around at any odd time is not ideal... (could be asleep, could be out, could be in the shower).

Ok, maybe I am a little selfish (wanting to know what time the inspector plans to come, so that I can plan my day around that - rather than loosing a whole day OR getting caught asleep or in the shower...), but I really do hate being given a 8 hour window of when someone might bother to turn up...

QT

Fire_Fox

You have the right to refuse the inspection completely, so yes you have the right to insist on either a specific time or a at least a smaller window. The inspection is not for your benefit so why should you be expected to remain in all day?

BitterAndTwisted

If their proposal is not convenient, WRITE back to them and suggest another time/date when it will be convenient for you although I acknowledge that you don't have a lot of time to rearrange it. Landlord inspections should be at a mutually convenient time and personally I think it's unreasonable to expect you to put your whole day on hold, so write back and propose which days and a time-window when you will be available.

Be aware that lots of landlords and letting agents keep sets of keys and believe that they have a right to let themselves into the property should you not be there. This is not the case in law and a sensible tenant could decide to change the barrels on the locks to prevent this but you must change the barrels back at the end of the tenancy.

ThrowingStonesAtYou

I tell my letting agent to either do it at a time convenient to me (6PM + weekdays or a weekend) or not at all. They have no right to inspections full stop so you are being kind letting them come round at all.

QTPie

Really, this is absolutely true? They have no right to inspect? Anyone got a link to something that confirms this as a tenant's rights?

The letter is very much "this will happen, I will be attending your property between these times, you can change the date if it is not convenient, you do not have to be present..."... there doesn't seem a lot of option (except changing the date)

There isn't a lot of time, can I notify them by email (still in writing)? I could try phoning first...

If I could arrange a time that I am here, then that would be preferable - I don't like strangers poking around. But equally I don't like being told "anytime bwteen 9am and 5pm"... :rolleyes:

QT

Gwhiz

Not unreasonable to ask for a time, or at least a 2-3 hour window. Whole day thought totally unacceptable.

Fire_Fox

Google 'right to quiet enjoyment' - this overrides any clause in the tenancy agreement which says you should have inspections. It's up to you whether you want to allow permission at a more defined time, but you have the backup of citing right to quiet enjoyment if the agency get awkward.

If you are going to refuse permission entirely this MUST be in writing - either hand deliver one copy and second copy by recorded delivery, or send one copy out today by normal post and second copy recorded, or phone and confirmation letter recorded. It's very easy to say e-mail wasn't checked, and very easy to deny you phoned so speak to the member of staff named on the letter, or take note of the contacts full name.

tbs624

ThrowingStonesAtYou wrote: »

I tell my letting agent to either do it at a time convenient to me (6PM + weekdays or a weekend) or not at all. They have no right to inspections full stop so you are being kind letting them come round at all.

Fire_Fox wrote: »

Google 'right to quiet enjoyment' - this overrides any clause in the tenancy agreement which says you should have inspections.

my highlighting.

This one does get thrown about and extrapolated.

The LL does have a right to inspect the condition of the property in line with his S11 repairing obligations. This is is laid down in statute as a covenant implied to all ASTs

See Landlord and Tenanct Act 1985 S11(6):

(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.

That said, a T can expect that a LL will be *reasonable* and agree to a mutually convenient time and date .

If a T refuses access point blank, then no LL should simply let themselves in by key, however, the LL can apply to court to enforce access, the T will have problems if they have complaints about repairs issues if s/he has refused access for inspections, and the LL is quite likely to serve a S21 on the T at the earliest opportunity.

Negotiate.

It's a different matter to the LL wanting viewings for new potential tenants or purchasers of the property.

Fire_Fox

I've always understood the inspections to be more about ensuring the tenant is keeping the place properly than to look for repairs, especially where letting agents are involved ... Of course a good landlord might want to inspect the fabric of the building, especially coming up to winter.

G_M

From the Shelter website:

Your right to live in your accommodation undisturbed

You have the right to live in your accommodation without being disturbed. You have control over your home so that your landlord and other people cannot freely enter whenever they want to. Your landlord cannot limit or otherwise interfere with your right to live in your home. If your landlord tries to do this s/he may be guilty of harassment, which is against the law."

However, maintaining a good relationship with your landlord and his agent is important. Phone and arrange a specific, mutually convenient time for the inspection.

And yes, if you suspect they might just turn up whether you are there or not, change the lock. But keep and replace the old lock when you move out.

theartfullodger

QT asks

Really, this is absolutely true? They have no right to inspect?

Sort of: LL has a right to inspect: Tenant has an absolute right to refuse any and all visits, inspections, viewings for subsequent rentals/sale etc. etc. Except in Scotland I think.

See

“Protection from Eviction Act 1977”
Section 1

• • Unlawful eviction and harassment
  • s.1(3A) (as was amended by the Housing Act 1988) which states:
    "the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household."
  • The individual carrying out any inspection will be personally criminally liable, and could face arrest by the police on the above charge. Likewise the agency as a corporate entity may face criminal investigation.
    Also any attempt to enter the premises without your consent will treated as, as a matter of civil law:
    a. trespass; and
    b. a breach of the quiet enjoyment clause under the tenancy agreement.

Interestingly the right to inspection is only a right to check the place still habitable and complies with the law as regards the condition of the place the Landlord must supply to the tenant. See "Landlord & Tenant Act 1985" Section 8
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1985/cukpga_19850070_en_1#pb3-l1g9

8 Implied terms as to fitness for human habitation

(1)In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary—
(a)a condition that the house is fit for human habitation at the commencement of the tenancy, and
(b)an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.
(2)The landlord, or a person authorised by him in writing, may at reasonable times of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.

So Landlord (or his agent) can reasonably inspect to confirm the place is wind & water-tight but has no legal right to complain about, say, piles of rubbish bags in the front room - or - the terrible smell of tobacco smoke. LL can separately complain about these things: Tenant may have the right to ignore those complaints.

I think I therefore disagree with tbs... Am I wrong? Is there some other act giving the LL any right to inspections beyond this??

However, as suggested, try if poss to arrive at a compromise .... And if you refuse access for repairs then you accept responsibility.

Any Landlord hearing a tenant absolutely refuses any visits would be understood if they assumed a Cannabis farm or such-like...

Cheers!

Lodger (LL since 2000)