inspection without my presence can they do this?

FTBFun

propertyman wrote: »

It is not their home they are renting it

Actually it is their home.

Seriously, !!!!!! do you do in property that has led you come up with completely inaccurate statements like this and the rest of your posts?

ifonlyitwaseasier

jjlandlord wrote: »

I fail to see how...

because after having been refused permission, trying to enter then bleating about it would be admitting they try to break in

if you really are a LL then you should surely know more about this then you seem to

propertyman

when_will_it_end wrote: »

my objection is that on other occasions where i have not been in i left a note with repairs or things i thought should be noted, they did not make a note of any of them i ask them to look at particular things an they dont which has lead to me waiting months for repairs or for them to come back out to look, there are quite a few issues this time and i need to make sure every one of them is pointed out, they have also lied in the past about doing an inspection, they told me they entered the property but they did not as they did not have a key but then sent me an inspection report, i do not trust them, i have been broken in to also and the thought of someone i do not know entering my house, and my bedroom, well it makes me feel sick

yes i may be a bit paranoid but its the way i feel and to ask for a set date and time every 3 months i dont think is to much for them to give

thanks

I am afraid that this is life with rented accommodation the right to refuse is there to protect your from abuses of the access to the home.

If there are issues which they are not taking care of then are they agents members of NALS or ARLA, if so you can complain to them about their action.

In your situation I would write to the agent via email and fax and say that you are refusing the entry to the property, as you insist on being present, bearing in mind the forced entry, and expect a reasonable time frame and not all day.

If they do enter without your consent you reserve your right to take action as harassment is breach under the Protection of Eviction Act 1977.

You should also ask for the name and address of the landlord under section 3 of the landlrod and tenant act 1985 to report a breach of the tenancy t for failure to attend to items through the non response of the agent.

GDB2222

propertyman wrote: »

I am afraid that this is life with rented accommodation the right to refuse is there to protect your from abuses of the access to the home.

If there are issues which they are not taking care of then are they agents members of NALS or ARLA, if so you can complain to them about their action.

In your situation I would write to the agent via email and fax and say that you are refusing the entry to the property, as you insist on being present, bearing in mind the forced entry, and expect a reasonable time frame and not all day.

If they do enter without your consent you reserve your right to take action as harassment is breach under the Protection of Eviction Act 1977.

You should also ask for the name and address of the landlord under section 3 of the landlrod and tenant act 1985 to report a breach of the tenancy t for failure to attend to items through the non response of the agent.

All very well and good, but the OP may like the flat and not want to get a S21 notice served.

Really, the tenant is being perfectly reasonable saying to only come in the morning, but some sort of negotiation is needed to sort this out amicably. Maybe ring back the agency and find out why they want an all-day slot, etc? Maybe rearrange to a different day? Speak to the manager?

ruggedtoast

propertyman wrote: »

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?

They do not have a contractual right. They have a contract that has a clause agreed in it.

These are two totally different things.

You can insist on the tenant signing an AST with a clause that there has to be a vase of fresh flowers in every room at all times but it is neither fair nor enforceable, nor would its oversight cause a court consider it to be reason to terminate an AST.

You have no less right to change the locks on exterior doors than you do to change the door knobs on interior ones if it suits you. As long as the property is returned in good order.

Sorry, but this is completely misleading.

As far as the inspection, how would you like it if someone you neither knew nor wanted to do know insisted they had an imaginary right to traipse around your home every few months poking around things. I imagine you wouldnt like it.

propertyman

FTBFun wrote: »

Actually it is their home.

Seriously, !!!!!! do you do in property that has led you come up with completely inaccurate statements like this and the rest of your posts?

If you cannot read and understand a post you are not in a position to say a post is inaccurate or not, not when you state that civil law trumps outweighs contract law, when I have explained that it doesn't, they are reconciled at court.

The OP is very concerned and looking for an explanation of their rights not generalisations that are not going to help them.

I am not going to spew out a lot of case law but give them the link to shelter.
http://england.shelter.org.uk/__data/assets/pdf_file/0015/30651/Advice_booklet_illegal_eviction.pdf
A home that you rent is different to a home that you own; many place the expectations of privacy and exclusivity to extend to the former, and it does not.

propertyman

ruggedtoast wrote: »

They do not have a contractual right. They have a contract that has a clause agreed in it.

These are two totally different things.

You can insist on the tenant signing an AST with a clause that there has to be a vase of fresh flowers in every room at all times but it is neither fair nor enforceable, nor would its oversight cause a court consider it to be reason to terminate an AST.

You have no less right to change the locks on exterior doors than you do to change the door knobs on interior ones if it suits you. As long as the property is returned in good order.

Sorry, but this is completely misleading.

As far as the inspection, how would you like it if someone you neither knew nor wanted to do know insisted they had an imaginary right to traipse around your home every few months poking around things. I imagine you wouldn't like it.

No actually it isn't misleading, again due to a poor understanding. No one can contract into something that is illegal or if the law sets as being unreasonable.

Clauses for access are legal; the right may be denied by a tenant and the court decides if the landord is granted the right to access after the denial. The guidance from that bunch of case law makes it clear that contractual provisions give the right to access for emergencies, or for other purposes on notice. If the landlord does so without a reasonable or proper basis then they may be liable for civil and criminal penalites for harrassment and breach of quiet enjoyment , even frustration in extreme cases, as already explained...

Feel free to google away, my intent in posting is to help and teach so if you can't accept it at face value I invite you to expand your understanding.... Having direct the member to ARLA I will offer this link

http://www.arla.co.uk/information/tenants/rights-of-access/

Grimbal

quite certain of yourself aren't you propertyman, even in the face of alternative viewpoints I wish I could be so self-assured at times!

Loretta

I think the tone of the email that OP is thinking is good, do not refuse, politely say that you are pleased there is going to be an inspection because there are several things, repairs etc, that you want to discuss and point out to them (because you are concerned that the LL property is well taken care of) and you feel it would help THEM so much if you were there to help, you will be available on that morning, (EA really need to organise themselves for am or pm) but if they can't do am that day perhaps they could another day, this way you would be helpful in wanting the best for the property but you are actually refusing but very politely being EA they may not notice, and the change the locks!

johnbusby

propertyman wrote: »

Unfortunately that is life in rented accommodation the landlord has right to protect their investment and home.

Unfortunately that is life when renting out your property. The tenant has a right to live in it undisturbed, and in a very small proportion of occasions you will get it trashed by rouge tenants (I fail to see how an inspection helps in this case anyway)

You bear those risks (or insure against them) in the same way that any other business would do.

I can tell that I would not like to be your tenant for very long