First time landlord - help!

<sebb>

Jac_Raven wrote: »

If you are a landlord and a tenant refused either yourself or your agent access for inspection purposes, having been given reasonable notice would you not worry about the state of the flat and probably look to serve notice to vacate as soon as possible?

quiet enjoyment is one thing, but surely once every quarter would not count as breaching that?

Really? Would you be happy with the agent coming round every three months? I know I wouldnt and my flat is kept in excellent condition! I wouldnt refuse the access, but in all honesty as a renter, if I was told I'd be getting an inspection once every 3 months, I would find somewhere else to live.

TheMiner

vbt - don't mean to hijack your thread, but how did you inform the Nationwide? I'm in the same boat and was under the impression I'd have to remortgage to a buy-to-let?

Jac_Raven

Sebb, if your flat is in excellent condition, then assuming the agent gives reasonable notice (i'm talking more than 24hrs) then i don't see a problem. If the agent is managing the property then they will hold keys and will probably going round accompanying builders etc at times.


And the problem is a lot of tenants don't keep flats in good condition, they treat it, well like its a rental flat and not their home.

Plus without inspection how does an Agent/Landlord know if a tenant may be in breach of TA? A breach that could be in fact breaching the main lease (and 99.9% of flats will have a lease) .

whilst that may be an extreme case its always the few who ruin things for the many right.

Fire_Fox

Jac_Raven wrote: »

If you are a landlord and a tenant refused either yourself or your agent access for inspection purposes, having been given reasonable notice would you not worry about the state of the flat and probably look to serve notice to vacate as soon as possible?

quiet enjoyment is one thing, but surely once every quarter would not count as breaching that?

Would you want someone checking up on you in your own home every three months? What do you think an agent/ landlord is allowed to check for or comment on? I would be comfortable with a check after three months and then perhaps at the one year point.

If the tenant is reliably paying their rent, there are no complaints from the neighbours, you have a detailed and dual signed inventory plus a lodged damage deposit .... The only risks are they are running a brothel or cannabis farm (both rare!) or have completely trashed the place, chances are something would have been apparent in the first inspection or there would have been complaints.

Fire_Fox

Jac_Raven wrote: »

Sebb, if your flat is in excellent condition, then assuming the agent gives reasonable notice (i'm talking more than 24hrs) then i don't see a problem. If the agent is managing the property then they will hold keys and will probably going round accompanying builders etc at times.

The agents are not allowed to let themselves in to someone else's home without express permission! Note also that letting agents have a habit of giving a time in working hours that they wish to inspect, it's both intrusive and inconvenient.

"The tenant has the right to quiet enjoyment of the property for the duration of the tenancy along with the legal right to live in property as if it was their own home. This means that they have the right to a peaceful existence without undue disturbance. Harassment is a criminal offence under the Protection from Eviction Act 1977 and may result in the landlord being fined, or even imprisoned in extreme cases. Harassment can take the form of:

• Entering the property without permission.
• Changing the locks without giving the tenant warning or new keys.
• Cutting off utilities such as gas water and electricity.
• Tampering with mail or possessions.
• Verbal or physical abuse or threats.
• Enter the tenant's home whilst the they are out."

http://www.themovechannel.com/guides...tenant_rights/

00ec25

Jac_Raven wrote: »

quiet enjoyment is one thing, but surely once every quarter would not count as breaching that?

err - actually it would be a breach
quite enjoyment is an absolute right and comes up the forum almost daily

the tenant has the right to change the locks and refuse access to anyone including being "made" to give copy keys to anyone. The LL only has the absolute right to access if there is an emergency, and an inspection is not an emergency! Nor is an inspection frequency as set out in the TA necessarily enforceable as it countermands the right of enjoyment.

(if the tenant does change the locks then of course they risk being sued for costs of forcing an entry by the LL, but this would then ensure that the nature of the emergency (eg water leak) is validated )

Fire_Fox

:eek: From another thread ...

Jac_Raven wrote: »

I am an agent who uses My Deposits. In respect of AST renewals/ periodic tenancies they say this:

Jac_Raven

Have I ever said about entering without tenants permission? no I haven't.

I have said that should a tenant fail to grant permission it would raise alarm bells.

And I'm sure it more than just Brothels/Drugs that can be a problem.even moving your partner in to live if they are not on the original agreement.

If I found a tenant to be uncooperative, and started raising the possibility of changing locks etc then I'd be looking to get them out ASAP.

.

Jac_Raven

Yes well done FF i am an agent and you can use the find other posts by user function.

All I have have ever been suggesting is cooperation between LL/LA/Tenant so all can hopefully enjoy the process. Not sure what you should find so hair raising about that.

00ec25

Jac_Raven wrote: »

I have said that should a tenant fail to grant permission it would raise alarm bells.
even moving your partner in to live if they are not on the original agreement.

If I found a tenant to be uncooperative, and started raising the possibility of changing locks etc then I'd be looking to get them out ASAP.

agreed - such behaviour would be seem to be anti LL by many LA/LL, it does however not change their right to quite enjoyment and you cannot breach that by an inspection if they refuse. Of course as an agent you will know how long it takes to then get them out and how much LL love voids!

Jac_Raven wrote: »

All I have have ever been suggesting is cooperation between LL/LA/Tenant so all can hopefully enjoy the process.

again agreed - better to be in working partnership than be throwing rights at each other; hence no point in posting erroneous information about breaches on a forum