Letting agent, interim inspection comments

gardenpath

I have just had another interim inspection (we've lived here 2.5yrs) and have since received a letter to say they found the property cluttered and untidy and they want to do another inspection in a month's time. Are they allowed to do this on this basis? I thought provided the property was well looked after and kept clean (which it is) then how we choose to live is none of their business, and to be honest I thought untidy was unfair? We are cluttered because we have 2 households living in 1 house and unless the letting agent can magic us an extra bedroom and more storage cupboards before their proposed re-inspection date then it will remain this way until we move on. They have carried out previous inspections and the house was as cluttered then as it is now (if anything more so!) Regarding the state of the property the only repair that needs doing they were aware of before the inspection and is merely cosmetic anyway.

Any advise as to how I should approach this? My partner rang up and complained but I wish to put something in writing.

Werdnal

Basically, when you rent a property it becomes your home, to live in as you see fit. It is how the property is returned at the end of the tenancy that is the issue, not whether you have toys on the floor, dishes in the sink and unmade beds etc (not suggesting you have but you get my drift!).

I would write a polite letter to the agents, and copy to the LL if you can, stating that 'you appreciate their comments, but you would like to point out that enforcing additional inspections is a breach of your rights to "quiet enjoyment" which you automatically receive as part of your tenancy agreement. You would therefore appreciate inspections to be no more frequent than a 6 month basis'.

Infact, you have a right to refuse any and all inspections, but if the LA/LL get shirty, they may decide to issue you notice! You could therefore accept the further visit, but you do not have to take any notice of anything the LA says!

dizziblonde

When my old letting agent pulled this trick (I mark exams and the place was clean, tidy but had packets of exam papers I was working through piled up in a corner) I challenged it with them to no avail. The LL then started panicking that the tenants he'd had for 2 years with good inspection reports had suddenly gone rogue and was querying it with his repair man who'd been around a lot (since the LL refused to repair things thoroughly in favour of the bodge it for a month or so approach) and it was his defence of us that made the difference.

Let rip with the LAs when we'd handed in our notice - funnily got our deposit back the same day as checkout inspection - so we can't have been that untidy... just objected to this idiot taking a bad day, and the fact I'd pointed out "look there's water damage there, that's from the leak the landlord refused to repair so not our fault but can you document it please - I've already taken photos" and deciding to stir the pot a bit.

G_M

Dear Mr agent,

Thank you for your letter of xx/xx/11 and the personal comments contained within.

I was pleased to see that you found no issues with the structure of the building, and that you agree there has been no damage.

As responsible tenants, we are careful not to cause any damage, and can reassure you that should the property require any repairs we will report the issue at once in writing.

You mention 'clutter' and 'untidiness'. I do not need to remind you that our lifestyle in our home is a matter of personal choice. I can, however, further reassure you that the property will be returned to the landlord at the end of the tenancy in the condition in which it was at the start, less normal wear and tear.

In view of this, I see no need for a further inspection at this time. Inspections are by their nature a nuisance, and an infringement of our right to 'quiet enjoyment' of the property as tenants. However, we welcome occassional inspections as they provide an oportunity for us to point out any defects that have developed in the property, and an an opportunity for the landlord to assess/arrange repairs.

We therefore lookk forward to hearing from you in 6 months time, in writing, at which time we can agree a further inspection appointment at a mutually convenient time.

Your sincerely

A Tenant

edit: if there ARE any repairs that need doing, include them in the letter!

RAS

And send a copy to the LL.

theartfullodger

The only legal right LL (or his agent) has to do inspection (other than saying "can i come round 'n have a look??) is from LL&T Act 1985 S8..

http://www.legislation.gov.uk/ukpga/1985/70/section/8

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.
.....

Note not "to write snotty arrogant letter to tenant.."

Whenever they next come round save them time & money by presenting them with a list of defects with your home, your property, that they should be fixing (drafts, heating, water, lights, safety certificates, repairs required, security issues. ... etc etc etc etc..)

Keep copy. I'm sure they will value your help..

Yes, write to LL. If you are a good tenant (pay in full on time, place OK, no damage, no complaints from neighbours..) then he'll want to hold on to you & be mighty p***ed off with Agent for upsetting his valuable source of income..

Cheers!

Artful (Landlord since 2000)

Out,_Vile_Jelly

As long as the "clutter" is untidily strewn personal posessions rather than bags of rubbish piled up (which could be argued attracts vermin and the LA would be right to be concerned about), then you should politely but firmly tell them to f-off (as in G_M's nicely worded letter above). They have no contractual right to comment on how you order your DVD collection or how neatly folded your socks are.

gardenpath

Thank you everyone for your replies. We received the letter on Tuesday and I've been stewing on it since then wondering what to do so your advise is very much appreciated. I was fairly certain that I was right when I said they had no right to comment on how we kept the property providing it was clean and we weren't knocking holes in the wall etc. I shall get the letter in the post to them this evening!

gardenpath

Out,_Vile_Jelly wrote: »

As long as the "clutter" is untidily strewn personal posessions rather than bags of rubbish piled up (which could be argued attracts vermin and the LA would be right to be concerned about), then you should politely but firmly tell them to f-off (as in G_M's nicely worded letter above).QUOTE]

No, of course it isn't, I could understand if that was the case or if any of the "clutter" was preventing access to places that needed regular cleaning, ventilation or maintenance, but that's not the case. We simply have alot of stuff fitted in to this house that realistically is too small for us!