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inspection without my presence can they do this?

24

Comments

  • Grimbal
    Grimbal Posts: 2,334 Forumite
    Part of the Furniture Combo Breaker
    edited 5 October 2011 at 11:20AM
    If the tenancy has a clause allowing access for inspections then on notice they ahve a contractual right.

    There is also a statutory right to enter on notice to effect a repair.

    Changing locks is a breach of your tenancy, they are not yours to change.

    You do have the right to refuse entry and then they must obtain a court order to do so, or risk you taking actions against them.

    But before you do, can I say this; it is your home but it is not yours; you do have a right to quiet enjoyment and privacy, however you are only using it for a period of time and the landlord has every right to ensure that you are taking care of it so that it returns in good order at the end of the tenancy. A regular inspection on notice is not really a great interference with that is it?

    A few simple precautions with valuables and cash and documents and sometimes a quick tidy up is all you need think about ( or hide away the whips and chains :) )


    Otherwise what is is your real objection to allowing this?

    I'm not at all sure about this post. As far as I understand things, civil law "outweighs" contractual law. So, anything that is in a contract may not necessarily be enforceable.
    "Science is a wonderful thing if one does not have to earn one's living at it" Einstein 1951
  • johnbusby
    johnbusby Posts: 181 Forumite
    edited 5 October 2011 at 11:27AM
    it is your home but it is not yours; you do have a right to quiet enjoyment and privacy, however you are only using it for a period of time and the landlord has every right to ensure that you are taking care of it so that it returns in good order at the end of the tenancy.

    But surely the landlord can make sure that you are going to look after the property through the many hoops that tenants are made to jump through prior to the tennancy. Failing that, a months deposit and the court system will allow them to claim back for any damages. Furthermore, it doesn't matter what state the place is in during the tenancy, only that it is returned in the same state than at the start of the tennancy

    I think what gets tenants backs up is people dictating when they will enter your home. I have thousands of pounds worth of tech gear (im a bit of geek ;)) and I would not fancy my chances of claiming off the landlord / agent if I returned to find this damaged...

    Tennants pay often extortionate rents so should be allowed to enjoy the property that they are paying for without harassment from agents or landlords
  • propertyman
    propertyman Posts: 2,922 Forumite
    Grimbal wrote: »
    I'm not at all sure about this post. As far as I understand things, civil law "outweighs" contractual law. So, anything that is in a contract may not necessarily be enforceable.
    I dont want to engage in troll like behaviour so I will be kind. Your broad comment shows that your understanding is very limited as is my post that you haven't understood.

    Her right is a civil right and that where they conflict and are reconciled against a contractual right and or a statutory right is via court action -either the landlord seeking an order to enter or the tenants claim for breach of quiet enjoyment for harassment, even repudiation.

    My user name is propertyman for a reason.....
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Changing locks is a breach of your tenancy, they are not yours to change.

    Only if tenancy agreement says so. Otherwise T is free to change locks.
  • jjlandlord wrote: »
    Only if tenancy agreement says so. Otherwise T is free to change locks.

    even if it does, if the tenant has requested that they don't enter without being there, how would the LL/agent find out..... unless they tried, and then you'd have to ask them why they tried to enter without permission
    Nonny mouse and Proud!!
    Never argue with an idiot. They drag you down to their level then beat you with experience
    !!
    Debtfightingdivaextraordinaire!!!!
    Amor et metus. Lac? Sugar? Quisque massa vel duo? (stolen from a lovely forumite!)

  • Grimbal
    Grimbal Posts: 2,334 Forumite
    Part of the Furniture Combo Breaker
    I dont want to engage in troll like behaviour so I will be kind. Your broad comment shows that your understanding is very limited as is my post that you haven't understood.

    Her right is a civil right and that where they conflict and are reconciled against a contractual right and or a statutory right is via court action -either the landlord seeking an order to enter or the tenants claim for breach of quiet enjoyment for harassment, even repudiation.

    My user name is propertyman for a reason.....

    I stand by my comments, and choose to ignore your rather inflammatory ones.
    "Science is a wonderful thing if one does not have to earn one's living at it" Einstein 1951
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    even if it does, if the tenant has requested that they don't enter without being there, how would the LL/agent find out..... unless they tried, and then you'd have to ask them why they tried to enter without permission

    T should always be careful before breaching contract.
  • and yet i repeat, how will the landlord/agent find out unless they try to enter without permission? and if having been refused permission, they attempt entry, then complain that the locks were changed they'll have shot themselves in the foot,
    Nonny mouse and Proud!!
    Never argue with an idiot. They drag you down to their level then beat you with experience
    !!
    Debtfightingdivaextraordinaire!!!!
    Amor et metus. Lac? Sugar? Quisque massa vel duo? (stolen from a lovely forumite!)

  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    if having been refused permission, they attempt entry, then complain that the locks were changed they'll have shot themselves in the foot,

    I fail to see how...
  • propertyman
    propertyman Posts: 2,922 Forumite
    johnbusby wrote: »
    But surely the landlord can make sure that you are going to look after the property through the many hoops that tenants are made to jump through prior to the tennancy. Failing that, a months deposit and the court system will allow them to claim back for any damages. Furthermore, it doesn't matter what state the place is in during the tenancy, only that it is returned in the same state than at the start of the tennancy

    I think what gets tenants backs up is people dictating when they will enter your home. I have thousands of pounds worth of tech gear (im a bit of geek ;)) and I would not fancy my chances of claiming off the landlord / agent if I returned to find this damaged...

    Tenants pay often extortionate rents so should be allowed to enjoy the property that they are paying for without harassment from agents or landlords

    Then you have to read the forum and see how ineffective this procedure is from both sides. One months deposit is noting if their is extensive damage or alterations.

    It is not their home they are renting it and periodic inspections are not an interference if they are on notice and provided for in the contract, and infrequent and in duration.

    An inspection should take no more than 5 to 15 minutes in the average flat or house and in this case an entire day is unreasonable.

    The civil right is there to prevent excesses, the landlord who rifles through possession or calls in and as and when with no notice or reason. A normal quarterly or 6 monthly inspection will in virtually all cases be accepted by a court as a reasonable basis to enter and award it to the landlord.

    Unfortunately that is life in rented accommodation the landlord has right to protect their investment and home.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
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