Renting - do agents have to give a time?

Darren21

I'm renting a flat and my current agents LD Property have sent a letter saying they will be checking the flat is ok on the 8th of Jan and can't give a time.

Is this legal? My previous agents Pearsons always gave a time and I had to confirm the time with them aswell to say they could come round. Whereas LD are just demanding..

I want a time so I can actually be here when they come, anything I can do?

Bagpuss1973

You could always ring them and ask for a time explaining that you wish to be present as legally they have to let you be there.

Goodluck

clutton_2

legally they have NO right of access whatsoever !!!!! tenants are entitled to "quiet enjoyment" - which means no one has right of entry without your permission. I would however, recommend cooperating with an inspection if you want your lease renewed next time. A short letter, giving them a time to come for your convenience will probably do the trick.

rosysparkle

The AST you signed will almost certainly contain a clause allowing them to inspect the property on behalf of the landlord as long as they give you sufficient notice.

They don't have to give a time; in practice it's not always possible to give a definite time. The agent will be checking several properties in an area each day and some inspections take longer or shorter than planned and traffic is unpredictable (it certainly is in this city).

We don't give times, but we will ring a tenant half an hour (or whatever is requested) before we expect to be there, and we will try and comply with a morning/afternoon request.

roger56

clutton: "legally they have NO right of access whatsoever !!!!! tenants are entitled to "quiet enjoyment"

legally, they have a right but there are conditions. This will help re rights of entry:
http://www.arla.co.uk/info/tenants.htm#what_about_rights_of_access_to_the_property

clutton_2

i am sorry to disagree Roger, but, "quiet enjoyment" has been tested in the courts and it means just that - the court ruled that an agent or landlord was not even allowed entry for a CORGI gas inspection without the tenants express permission. An agent or landlord can enforce entry only for extreme emergencies which the court defined as gas leak or water leak or other life threatening situation. "Property inspection" would not come under this category.

EVEN if a tenant agrees that the agent can inspect (and lets face it most do, to nurture good relations between landlord and tenant) - i personally think it wholly unreasonable to expect a tenant to take a day off work in order to fullfill this inspection. An agent can set a time to meet someone, without them hanging round all day.

http://www.lawpack.co.uk/quiet_enjoyment.asp

gives the legal definition of quiet enjoyment.

your ARLA (letting agents) definition defines what a letting agent would prefer the law to be !!


Just because someone puts something in an AST does not make it legally binding, a landlord/agent cannot make something legal just by putting it in an AST.

roger56

The Citizens Advice bureau is impartial, but indicates similar rights to the ARLA site:

http://www.adviceguide.org.uk/index/family_parent/housing/common_problems_with_tenancies.htm#The_landlords_rights_of_entry

Are CAB wrong too??

clutton_2

the CAB site says : -


""Your landlord also has a right to enter the property to inspect the state of repair to empty a fuel slot meter, but they should always ask for your permission and should give you at least 24 hours notice.""

THEY SHOULD ALWAYS ASK FOR YOUR PERMISSION -

you do not have to give your permission. The only person who has legal unassailable access into a rented property (apart from the emergency situations i mentioned earlier) is someone with a court order in his/her hand.

roger56

I don't disagree that they should and must ask permission.

clutton_2

Roger if you agree that the agent must ask permisssion - then you must allow the tenant the right to refuse surely ?



Surely everyone remembers the old sad Polish tenant who rented a Council property in London and who hoarded everything under the sun ? The Council had to get several different court orders at different times to gain access to his property (inside and out) in order to fulfil their obligations under Public Health legislation and remove the rats and rubbish. Even tho they had a public duty to clear the rubbish, as landlord they could not just go in and clear it.

Some myths perpetuate themselves - like the one that says landlords have no legal compulsion to provide safe electrics - there are half a dozen or more acts which compel them to do so.



Having said all this, if a tenant has signed an AST which contains a clause which says s/he must give the agent/landlord access with notice, then, most reasonable people will be inclined to do so.

Breach of "Quiet enjoyment" has been most often used by tenants in court when dreadful landlords have been trying to harrass them out of a property by switching off services, constant unanounced visits, bullying and the like.

Ebany

rosysparkle - I find it bizarre that you are unable to provide a reasonably exact time - if the tenant was moving out and someone wanted to view the property would you expect them to just hang around all day waiting until you could manage to turn up? Viewings can take varying amounts of time just as inspections can, surely if you can provide one to some level of accuracy you can provide the other?

I recently had an inspection from our agency and it was booked just the same way as out viewings were when we moved in, and I woulndn't really have expected any different.

Personally I have no objection to inspections as I want to do anything I can to avoid the landlord wanting to kick me out as I love this place, but it doesn't seem at all unreasonable to ask them to make a specific appointment time to do it.