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TENANT given notice - what next?

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Comments

  • ler01kjh
    ler01kjh Posts: 164 Forumite
    seqwence & bitter&twisted - I presume you're looking to get your post count up - another post without point.

    Jowo - thank you for your summary, this is helpful. Forgive me this is purely hyperthetical I don't need access. I am clearly no expert in law, but I cannot find in law any suggestion the landlord needs consent to visit, yet you are right that they have quiet enjoyment. Section 16 of the Housing Act 1988 states "It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute."
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    Yes, the tenant has an obligation to facilitate access when the landlord wants to attend to repairs, as per the info you quoted, which is pretty much cancelled out by their right to quiet enjoyment...

    In other words, the landlord doesn't have many options if the tenant refuses to cooperate with visits.

    For example, it is a legal requirement for landlords to provide a gas safety certificate on an annual basis but there's little they can do, other to demonstrate they've done their best to carry out this obligation, if a tenant won't let the engineer in the property.

    Here's some legal background here

    http://www.landlordzone.com/forums/showthread.php?t=25496

    http://www.landlordzone.co.uk/residential_tenancies.htm
  • ler01kjh
    ler01kjh Posts: 164 Forumite
    Jowo wrote: »

    Thanks Jowo. Agreed. There is no doubt that 'reasonable' 'proportionate' 'necessary' etc. are all relative, and help to explain why lawyers are wealthy!
  • iamana1ias
    iamana1ias Posts: 3,777 Forumite
    They don't visit? you mean they don't do inspections? that is odd, every house I have ever rented has done 3 month and then 6 monthly inspections. I find that very strange.

    I've only ever rented 2 properties (for 9 years total) but neither was ever inspected.
    I was born too late, into a world that doesn't care
    Oh I wish I was a punk rocker with flowers in my hair
  • mlz1413
    mlz1413 Posts: 3,064 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Re your original question I would be deeply unhappy with an agent that did not visit the property. I assume they have a jointly signed inventory at check in? And should be doing a check out inventory so that the deposit can be released or not depending on the property condition.
    If you feel that Countrywide will not check the property as you wish then you need to request an inspection, you should arrange this through the LA and request they are at inspection visit too.

    I don't think there is set management fee, will depend on area and competition. As others have said ensure they are part of a ARLA and preferable an estabilished business.

    You need to do some homework and decide on an agent you want to use, as you do not live in the area you need an agent you are confident in.
  • iamana1ias wrote: »
    I've only ever rented 2 properties (for 9 years total) but neither was ever inspected.

    Same here : been in my flat 3 years and no inspections at all.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    edited 19 February 2010 at 4:57PM
    ler01kjh wrote: »
    seqwence & bitter&twisted - I presume you're looking to get your post count up - another post without point.

    Don't be ridiculous, no-one on a forum used by grown adults would be that moronic. At least, not in my experience and I'm perfectly content with my post-count, thanks. I merely sought to reinforce Seqwence's correction. It can be very tiresome indeed to hear landlords spouting nonsense when they should be in a position to know better. It's supposed to be your profession after all so you really should understand your rights and obligations properly. Not doing so could cost you dear
  • iamana1ias wrote: »
    I've only ever rented 2 properties (for 9 years total) but neither was ever inspected.

    and was that through an agency? because i wouldn't use any agency that didn't do inspections and I am a tenant
    Blackpool_Saver is female, and does not live in Blackpool

  • iamana1ias
    iamana1ias Posts: 3,777 Forumite
    and was that through an agency? because i wouldn't use any agency that didn't do inspections and I am a tenant

    1st one was agency all the way through (3 years). The 2nd was through an agent initially, and after the 1st year direct with the owner (6 years).
    I was born too late, into a world that doesn't care
    Oh I wish I was a punk rocker with flowers in my hair
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