spare keys and changing locks

theartfullodger

The only law giving LL right of inspection that I'm aware of for such situations if the Landlord & Tenant Act 1985, relevant sections in particular being S8, 10 & 11.
See
http://www.legislation.gov.uk/ukpga/1985/70/contents

Relevant selection (including typo..)

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 tinmes 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.

10 Fitness for human habitation.

In determining for the purposes of this Act whether a house is unfit for human habitation, regard shall be had to its condition in respect of the following matters—
repair,
stability,
freedom from damp,
internal arrangement,
natural lighting,
ventilation,
water supply,
drainage and sanitary conveniences,
facilities for preparation and cooking of food and for the disposal of waste water;

and the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

11 Repairing obligations in short leases.

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water

Although I have earnestly searched in the act & elsewhere it does not appear that Parliament has granted LL the right to nose around inside T's fridge.

Couple of points..

a) "In writing" means in writing - not verbal, not 'phone, not TXT, not email, writing (hand or printed..)
b) Although LL has these rights & duties Tenant can equally decline to let LL in.. - for an inspection, repair, visit, viewing, survey, whatever ..(quiet enjoyment etc..). LL may then apply for court order to inspect or repair..
c) The house or flat is T's PROPERTY not LLs whilst there is a valid tenancy - even if rent not paid, even if LL has issued S21, even if there is a court possession order awaiting action by Bailiffs, even if LL does not like the condition of the fridge- see
http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

Cheers!

Artful

N79

Honestly. If LL's don't want T's to be able to cut extra keys then use locks with controlled keys rather than inserting useless clauses in the tenancy agreement. I would also agree that it should be normal practice for LL's to change one of the locks between tenancies.

kiki*_2

Just wanted to say I rent at the minute and I honestly wouldn't be bothered if the LL looked in the fridge or cupboards. All mine seems interested in is the seal round the bath!

Werdnal

TBH I think this "fridge" debarkle is really being taken far too seriously. OP didn't unload the fridge and do a calorie analysis on the contents, or count the number of units of alcohol being stored there. As OP explained, they glanced in the fridge to check shelves were intact. I think its just making an issue for the sake of tenant causing trouble. We obviously don't know whether other problems have caused the LL/T rift, and maybe this was the last straw, but people get over yourselves. Its a fridge - he didn't go through the tenant's knicker drawer!

birduk

Werdnal wrote: »

TBH I think this "fridge" debarkle is really being taken far too seriously. OP didn't unload the fridge and do a calorie analysis on the contents, or count the number of units of alcohol being stored there. As OP explained, they glanced in the fridge to check shelves were intact. I think its just making an issue for the sake of tenant causing trouble. We obviously don't know whether other problems have caused the LL/T rift, and maybe this was the last straw, but people get over yourselves. Its a fridge - he didn't got through the tenant's knicker drawer!

But what (s)he is saying is that they could do that as part of an inspection- if they provided the cupboards for instance, where these knickers were held, and they wanted to check they were in order.

It is not exactly life-threatening if the fridge door is hanging off and the law is there to protect tenants as well as landlords. It has been well-established in this thread that the tenant could have just told you that they didn't want an inspection- which with hindsight I bet they wished they had!

Werdnal

birduk wrote: »

But what (s)he is saying is that they could do that as part of an inspection- if they provided the cupboards for instance, where these knickers were held, and they wanted to check they were in order.

It is not exactly life-threatening if the fridge door is hanging off and the law is there to protect tenants as well as landlords. It has been well-established in this thread that the tenant could have just told you that they didn't want an inspection- which with hindsight I bet they wished they had!

I think OP is a naive LL, not a malicious one. They have already demonstrated that they are upset about the key issue, which many here have pointed out is not a valid tenancy agreement clause. OP probably genuinely thought the fridge being their property, would warrant being inspected. As I said above, there appears to already be a breakdown in the T/LL relationship here anyway, so we do not know whether there have been other issues behind this. To be honest, I wouldn't have a problem if any visitors to my home looking in my fridge. Even if I was a tenant, I don't think I would object either.

birduk

Werdnal wrote: »

I think OP is a naive LL, not a malicious one. They have already demonstrated that they are upset about the key issue, which many here have pointed out is not a valid tenancy agreement clause. OP probably genuinely thought the fridge being their property, would warrant being inspected. As I said above, there appears to already be a breakdown in the T/LL relationship here anyway, so we do not know whether there have been other issues behind this. To be honest, I wouldn't have a problem if any visitors to my home looking in my fridge. Even if I was a tenant, I don't think I would object either.

I think you are right- naive rather than malicious, but the end result is the same and the consequence (as well as stuff tenants may have done, we don't know) is the breakdown of their relationship.

You might not object to a fridge inspection, but many others (including me) would. That's why the law is there. Why should you see what I am having for my dinner or if I have mouldy cheese. THat is my business, not yours. If that is the case, can I come round and nose in all your cupboards then?

Werdnal

As said, other issues may have already upset the tenant, but I would like to see what a court would make of this if the footage the tenant made of the LL looking in the fridge was submitted to court in a "harrassment" case. If T had evidence of other breaches of their "quiet enjoyment" rights, then it may be taken seriously, but if this was their only gripe, I remain to be convinced!

sp1987

I would be annoyed if a landlord looked in my fridge/cupboards/etc.

Fridge aside (as stuff is in there for temperature control) if I put something behind a closed door, it is because I do not want it to be on public display. It may be a can of beans, or my underwear, it is my stuff.

The LL in this instance seems farrrrr too personally involved for my liking.

I would not rent a property from a LL where they kept referring to the fridge as their fridge and so on. It implies a less than business-like approach to the tenancy. The sort of landlord who might decide to store their stuff in your loft/garage and periodically come back to use it in the garden. There was a thread like that once I believe... Maybe it just harks too closely to those people who cannot sell their house so move out, leaving furniture as lived in to rent, then complain that 'their' bed is damaged, rather than realising that things are easily damaged in life and providing an item is paid for, one should not be personally attached to stuff they leave in a house that strangers with no attachment to particular items live in.

If I am renting a furnished property it is my fridge for 12 months, not the landlords. I have rented the property and the fridge. What if the tenant had taken all of the glass drawers out and stored them elsewhere at the property, would that have caused a row? If the property has not fallen down, is not under water and does not have a gas leak or similar, job done. If you have taken a deposit to cover damage to the fridge, why pre-empt what it may or may not be at tenancy end?

Tenant may be a pain in the bum but landlord is unprofessional and invasive. Something has happened for tenant to resort to filming somebody.

ihategossips

This all got a bit heated didn't it. I should just clear up that they did not set out to deliberately film just me but this was a detector for intruders that they had set all the time, I opened the fridge door some time ago and they have only now decided that it was a problem as it's only just been mentioned to me. I did have permission from them to enter and inspect whether that includes the fridge or not is obviously a problem for some and not others.