How often can i be inspected?

Mum-2-Be

I have lived in my rented flat since July 2009 and hav been insepected twice by the letting agency. Once in August 2010 (i was given a weeks notice) and once in November 2010 (I was given 24hrs notice). Oh and im in Scotland.

I was just curious as to wether there is a set amount of inspections per year as there seems no consistency in their inspections?

There were no problems but with a baby on the way i fear my housekeeping may slip for a while and i dont want them waking the wee one either, but of course will allow them access.

My lease says i must allow access for inspection or repairs provided my landlord gives me notice in writing at least 24 hours before.

I am not complaining, just curious!

poppysarah

You should have quiet enjoyment.

You can refuse.

Catatonia

Does it say anything in your contract? Mine gets inspected every three months, so yours sounds a bit excessive unless there were particular reasons.

N79

I can only comment on what would be considered reasonable under English law. I suspect that a Scottish court will take a very similar view but I am unable to provide definitive views - theartfullodger is your man for northern peculiarities.

The primary purpose of inspections (and in English law the reason that there is always an implied covenant allowing them subject to certain conditions) is to allow the LL to inspect the condition of the property so that they can assess any repairs that need to be carried out. Such an inspection would reasonably happen once or twice a year as well as after the T reports a repair problem or after an event that might necessitate repairs (eg it is reasonable for the LL to inspect the roof after a violent storm to check for loose tiles etc).

There is also a more clandestine secondary purpose to inspections, although this one is not formally recognized in English law, and that is to check that the T is acting in a Tenant like manner. This covers things such as - has the T structurally altered the property, is it being used as a canabis farm, has the T caused serious damage to the fabric of the property (eg by regularly flooding it). It is not supposed to cover things like "does the T hoover every week" etc as the T's lifestyle is non of the LL's business (unless it causes structural damage as above). Here, a reasonable inspection schedule might be first inspection after 3 months, second after 6 months and then 6 monthly there after.

As you can see, a reasonable inspection schedule would thus be once every 6 months plus after incidents. Every 3 months is over the top, in my opinion and every month is clearly ridiculous (a recent posters suffers from such a regime - in England a case could be made that monthly inspections are harassment).

Hope this satisfies your curiosity.

N79

poppysarah wrote: »

You should have quiet enjoyment.

You can refuse.

The doctrine of Quiet Enjoyment is a Common Law concept so only applies in England and Wales. I have no idea what the Scots version is - maybe Artfullodger or TBS could enlighten us?

Catatonia

N79 wrote: »

Every 3 months is over the top.

That's interesting. I don't really see the need for them to come round every three months, but it's the standard thing for my letting agent and it doesn't bother me that much that I want to argue with them about it (they are generally quite rubbish, so I need to save my efforts for getting them to fix stuff that's broken etc).

N79

Catatonia wrote: »

That's interesting. I don't really see the need for them to come round every three months, but it's the standard thing for my letting agent and it doesn't bother me that much that I want to argue with them about it (they are generally quite rubbish, so I need to save my efforts for getting them to fix stuff that's broken etc).

I can not see the benefit to the LL after the first or second inspection - houses don't fall apart that quickly and, as a general rule, Ts don't suddenly start living in a untenantlike manner after the first 6 months.

However, there is probably a benefit to the letting agent as, no doubt, they charge the LL for these "inspections". Quelle surprise.

BTW - in your quotation you missed off the qualification - in my opinion. I was not and did not intend to apply that quarterly inspections are harassment or contrary to any laws - just that they are an unnecessary waste of LL and T time in the vast majority of tenancies.

dizziblonde

I've had everything from never, to once every couple of years when we rememeber, to once every three months on the dot (but you could generally ring and put that back a bit - even though the letter tried to make out you had no choice).

Continual recurrent pain in the backside with the 3 monthly ones. I much preferred my LL before that's approach of extending intervals as he and you sussed each other out - so I saw them after three months, then 6 months, then a year, then pretty much he would come if he wanted to check something to do with the house fabric and leave me to it the rest of the time.

We're in the process of finishing our tenancy at the old house we used to rent and our 3 monthly "look round for 2 seconds, say hello to the cat and vanish again" came up for due at the start of December - the LA were very good about us saying "look we're about to move out - do you really want to inspect piles of boxes when you'll be doing the full checkout pretty soon anyway" - might be worth ringing them, asking them to do an inspection before the baby arrives, and then to leave you for a little bit longer than the 3 months they usually have after they've arrived - it might be like mine in that the letters with appointments to come get sent anyway, but if you call them they'll knock it back a bit until you're through the sleep deprived phase.

And yes, three-monthlys are a pain in the backside! I'm sure mine had a webcam or something because they only ever sent the letter when I had boxes arrived or something to see me at my worst!

bargainbunny

Mine are every 3 months does seem a waste of time and money and drives me crazy so much im thinking of moving.

JanCee

Catatonia wrote: »

That's interesting. I don't really see the need for them to come round every three months, but it's the standard thing for my letting agent and it doesn't bother me that much that I want to argue with them about it (they are generally quite rubbish, so I need to save my efforts for getting them to fix stuff that's broken etc).

You should use their inspections as an opportunity to accompany them round and point out all the things that need fixing. Follow it up in writing, "I refer to your recent inspection......etc".

Play them at their own game.

G_M

poppysarah wrote: »

You should have quiet enjoyment.

You can refuse.

Poppy - I don't dispute either of these statements, but they are not very helpful.

Fortunately N79 has provided a balanced picture.

Refusing is sertainly wise where a landlord/agent is harrassing a tenant (see this thread!), but in normal circumstances a mutually acceptable compromise is appropriate.

Inspections are a benefit to the tenant too!