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Inspections and photos every 12 weeks?

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Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    change the locks
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Well then, time to put that in a nice letter to them and landlord that should conclude that this was their first and last inspection.

    You should make sure to clearly include that the guy entered against your will while you were undressed and that he also took pictures of your personal belongings against your will.
    From what you said, it seems that he was smoking, so I would point that out as well (as your tenancy agreement may state that no smoking is allowed inside).

    Note: Obviously you should check who's behind the door before opening...
  • RAS
    RAS Posts: 35,913 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Firstly this agent does not even know his basic tenancy law - he has no legal right because it is a furnished property! He is breaking the law by failing to provide a Gas certificate


    Change the locks.

    Write a letter requesting the Gas Certificate. Given them two weeks to supply it

    Write a careful letter objecting to his insistance on entering the property early whilst you were not properly dressed and to him leaving the house stinking of cigarettes.

    Next time they demand an inspection, refuse.
    If you've have not made a mistake, you've made nothing
  • You don't have to allow them access.

    It is your house for the duration of the contract unless the landlord can prove you have broken the contract which he or she can only do in a court of law.

    You have a right "quiet enjoyment" under the housing act so refusing viewings would be insufficient to turf you out.

    The problem is, if you upset them they'll give you a poor reference and that will make it difficult to rent another place (unless you're still in situ and they want you to go).

    As the letting agent sounds like a complete tool, as most of them are, I would get the address of the owner and write to him or her.

    Explain calmly in neutral language that you find these intrusions by their agent unreasonable, and why, and ask that they be waived.

    If you are a good tenant who pays on time, in all probability they will just want to keep you happy so you don't leave.

    If you look at it from their point of view, the agent has sold them a service, one aspect of which is 'guaranteeing' their property is looked after by making regular inspections. They will have no idea that the agent is a tactless bullying imbecile who is upsetting their tenants, and if they do; then you're better off moving out anyway.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    You don't have to allow them access.

    It is your house for the duration of the contract unless the landlord can prove you have broken the contract which he or she can only do in a court of law.

    You have a right "quiet enjoyment" under the housing act so refusing viewings would be insufficient to turf you out.

    I might be repeating myself, but if tenancy agreement states that T allows viewings for inspection, then T has an obligation to comply as long as it is reasonably enforced.
    In addition statutes explicitly grant LL right of access for e.g. repairs.
  • OMG :eek: that sounds awful. I'd definitely write to the letting agent and the landlord -a bit of common sense and common curtesy wouldn't have gone amiss.
    What difference does it make to him that you haven't hoovered the carpet? As long as you are not doing any long term damage to it (ie stains etc) then it shouldn't matter - it's what state it's in and the begining and end that matter. Grrr.
    I think despite having a bad experience that you probably want to stay clam and polite in the letters though as the above posters have said.
    I hope that you get things sorted and can come up with a compromise between you and the landlord re inspections.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • jjlandlord wrote: »
    I might be repeating myself, but if tenancy agreement states that T allows viewings for inspection, then T has an obligation to comply as long as it is reasonably enforced.
    In addition statutes explicitly grant LL right of access for e.g. repairs.

    You are repeating yourself, and you're still wrong.

    The landlord has no legal right to enter the tenants home without permission.

    If you are denied such you will need to go to court to attempt to gain access or to cite breach of tenancy, which won't be given, because statute, which trumps your contract, says that the tenant doesn't have to let you in.

    I think it's pretty simple to understand but you should probably gain a better understanding of it considering your username.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Agree with jjlandlord - as previously stated it's an implied covenant to your AST, tied to the LLs s11 repairing obligations, that a LL can inspect the condition of the property. LL can pursue a court order for access.

    However, LA here is clearly not being "reasonable" so a firm letter, copy kept is in order. OP there is a tenancy relations officer at most Councils, who deals with private sector tenancy issues. Seek his /her help if this LA does not back off. Do sort out obtaining that gas safety cert.
  • jjlandlord wrote: »
    I might be repeating myself, but if tenancy agreement states that T allows viewings for inspection, then T has an obligation to comply as long as it is reasonably enforced.
    In addition statutes explicitly grant LL right of access for e.g. repairs.

    I'm absolutely fine with inspections, it's just the frequency and method. And like most tenants, I'd be DELIGHTED if they wanted to do some repairs!
  • tbs624
    tbs624 Posts: 10,816 Forumite
    You are repeating yourself, and you're still wrong.

    The landlord has no legal right to enter the tenants home without permission.

    If you are denied such you will need to go to court to attempt to gain access or to cite breach of tenancy, which won't be given, because statute, which trumps your contract, says that the tenant doesn't have to let you in.

    I think it's pretty simple to understand but you should probably gain a better understanding of it considering your username.
    My bolding.

    Check out LL&TA1985, s11(6)
    (6)In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.
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