New Landlord Requires Monthly Inspections

Ennui_2

We've lived in our rented house for a few years. A few months ago the landlord died and the property was sold at auction by his family "for investment". The people that bought it seemed very nice and wanted us to stay. Even the auctioneers who showed everyone around said that we were obviously ideal tenants and they doubted we would be asked to move.

Anyhow, the transaction has completed and there are new owners and we have a new contract sent to us to sign. This stipulates monthly inspections by the new landlords. Is this normal ? Monthly is excessive, surely. We have letters from the agent for the previous (deceased) landlord thanking us for being such good tenants so it's not like there are outstanding issues.

What concerns me, as much as the stipulation for monthly inspections is "the shape of things to come". They have already acted rather unnecessarily control-freaky in a few other matters. Is it normal to demand on a contract that they are allowed monthly access ? Obviously we are re-thinking our tenancy if they feel it necessary to inspect our home once a month, especially as it's a 12 month contract.

Hump

There is no need to sign a new contract, your existing contract remains in place including any deposit you have paid. I would ask the new landlord to confirm they have your deposit and it has been protected in a government backed scheme (assuming you're in England).

Only sign a new contract if you want to - monthly inspections are an invasion of your privacy - negotiate that clause out of the contract. 6 monthly is more than adequate

Ennui_2

Yes the deposit has been forwarded to us and we are going to forward it to the new landlords. We're just unhappy with this monthly inspection thing. The new owners have bought it with the intention of it being their retirement home in a few years. It's immaculate and we've improved the property in many ways at our own expense (and they know this) and I can't see any reason to demand this.

I'm going to take your advice. I've already asked the Google and found the same sort of opinion (ie it's excessive and against the "quiet enjoyment" thing. Even the landlords' forums say this. I just wanted to ask a real person so thank you for responding. I now have to phrase this tactfully; I've no wish to alienate them. Nor do I want them on the doorstep once a month.

Werdnal

I can understand your wish to want to get on with your new LLs, but also completely agree that monthly visits are unnecessary and a total invasion of your privacy and quiet enjoyment. Do you know if they are new to the letting game - sounds like they are very naive and a little nervous about the whole LL thing!

Write back a polite letter, thanking them for their new contract (and by the way you are under no obligation what so ever to sign a new agreement with them - but refusing could prompt them to give you notice!), but point out the quiet enjoyment and that you consider monthly inspections would be an invasion of your privacy. Perhaps you could suggest that they inspect at the end of the first month - just to convince them that you are as good as you say, but thereafter you would prefer 6 monthly.

Ennui_2

Yes ! They are new to this - funny you should say that as I've just used the term noob landlords to describe them when emailing my son ;-). I gather they led the agents, seller and all legal parties involved in the sale a merry dance with nitpicking and relentless pursuit of every minor detail. It's this knowledge, combined with the one month inspection thing that is setting off my "danger" antennae. You know, like the noob eBayers who dish out negs right, left and centre ?

We've already decided to change the contract to a 6 month, from the 12 month they sent us, regardless of whether the one month inspection thing is forced or not. I don't want to get into any confrontational situation. So if they force the 1 month inspection thing on us at least we only have to put up with it for 6 months. I know we don't have to sign a new contract but it will be pretty unpleasant and easier to move if things go that way.

I wouldn't mind, but when the Auctioneers were showing people around (and there were many) more or less everyone they showed around was asking "Will you stay ... I'd be interested in the property if you were to stay as tenants". I guess it's not as easy as all that to get good tenants.

G_M

What contract do you currently have (ie with the 'old' landlord)?

A fixed term? ending when?
Or has it ended and you are now on a (monthly) periodic contract?

I ask, because this contract is still perfectly valid - no need for a new one. The 'new' LL has simply taken over the existing contract fom the 'old' LL.

If you have a fixed term, then no need to sign a new one.

the problem might be if you are on a periodic tenancy contract, and the new LL is unhappy that you don't want to sign a new contract - he can then give you (2 months roughly) notice.

But of course then he loses a good tenant, has a void with no rent, and the costs and uncertainty of finding a replacement tenant.

Also relevant, if you are on a periodic tenancy, is the question of whether you want to commit to a new fixed term? 6 months? 12? What are your plans? Do you want the flexibility to leave, or would you prefer the security of a fixed term?

all these factors are relevant to how you handle this, as well, of course, with not wanting to 'rock the boat' with your new LL!

But I agree, monthly inspections are an unacceptable imposition, and if the LL is already appearing 'controlling', then you need to respond firmly, but in a friendly way!

If you do want to sign a new contract, just politely but firmly suggest that the clause is altered to read 'after 3 months, and thereafter 6 monthly' or similar.

marliepanda

Ennui wrote: »

We've already decided to change the contract to a 6 month, from the 12 month they sent us, regardless of whether the one month inspection thing is forced or not. I don't want to get into any confrontational situation. So if they force the 1 month inspection thing on us at least we only have to put up with it for 6 months. I know we don't have to sign a new contract but it will be pretty unpleasant and easier to move if things go that way.

They cannot 'force' you to let them in at all. (they can of course simply evict you at the end of your fixed term, but thats another story.) if you don't want them in, they cannot come in. Change lcoks if you feel they will carry on with 1 monthly inspections regardless of your wishes.

You don't have to let them in every month. Every 3 months is more than enough, every 6 months is more than enough.

Seems like you are gonna have landlords which will see it as their house, not your home. Can be problematic but hopefully once they pull their heads out they will realise they have purchased an investment and need to treat it as a business. Know your rights!

Kynthia

OP, I'm still not convinced you should sign any contract at all unless you prefer their terms and the security of a fixed term. Also I'm a landlord and I think monthly inspections is beyond unreasonable. I think quarterly inspections are a bit excessive but perhaps advisable in the first year of a tenancy, until the LL is sure they have good tenants and not someone wrecking the place to make it a cannabis farm.

I agree with writing a polite letter explaining about quiet enjoyment and your proven track record. Then to show you are reasonable maybe you could suggest quarterly or six-monthly, and enclose the cheque for your deposit?

G_M

Ennui wrote: »

...
We've already decided to change the contract to a 6 month, from the 12 month they sent us,

or 12 months with a 6 month break clause (to let you out after 6 months)
regardless of whether the one month inspection thing is forced or not.
The other option is to postpone the problem. Sign the contract, but then later write saying you are not happy with monthly inspections. The LL could only enforce the inspection clause by going to court - not likely, and few judges would agree monthly was reasonable. However this approach might be even more confrontational down the line...
I don't want to get into any confrontational situation. So if they force the 1 month inspection thing on us at least we only have to put up with it for 6 months. I know we don't have to sign a new contract but it will be pretty unpleasant and easier to move if things go that way.

Given your concerns, I would not sign a new tenancy agreement at all.

* Avoid the inspection clause and
* keep your flexibility to leave if things turn sour

Ennui_2

I've read all your advice, for which thank you so much. I'm not sure what agreement we were on. We signed the initial tenancy agreement when we moved in and haven't signed one since. Is this bad ? (Sorry if I sound ridiculously uninformed but it never really occurred to us that a new one needed to be signed as everything went swimmingly with the last landlord). I'm going to look into it now and post back, probably in the morning, or at least refer to the specific advice given above.

My main concern has been addressed though; the one monthly visits. From all your reactions I'm correct in thinking this isn't normal, so thanks for that. I can at least go forward with some confidence.

marliepanda

Ennui wrote: »

I've read all your advice, for which thank you so much. I'm not sure what agreement we were on. We signed the initial tenancy agreement when we moved in and haven't signed one since. Is this bad ? (Sorry if I sound ridiculously uninformed but it never really occurred to us that a new one needed to be signed as everything went swimmingly with the last landlord)

Nope its totally fine, once you stay past your original fixed term, it simply becomes a rolling tenancy, month to month. I think I've been on one for 2 years now!