Environmental Health Inspection. Can LA insist on being here?

jayms1

Hi there,

I posted some weeks ago about problems with a leaking utility room and water draining into light fittings etc, which the landlord blankly refused to address. We decided to pay for an electrician to look at the electrics for us and he was so horrified that he let out an expletive when he saw the state of the room. Amongst other things, he said there are bare, live wires touching the metal roof and the whole roof could become live. He also said that the gas/water supplies weren't grounded.

We contacted the council and when discussing the issue, I asked if we had to have the Landlord present and the response was, 'not if you don't want to', which we don't. However, a letter was hand delivered through our door this evening, from the letting agent, advising us that they will be attending the inspection, which is on Friday. I really, really don't want them here. They are aggressive, hand in glove with the landlord (he works for them) and are decidedly not on our side. This is all stressful enough without having the LA here.

If the situation is as drastic as the electrician thought, what would happen if the council put a prohibition notice on the house. We'd have nowhere to go - we're private not council tenants. So stressful right before Christmas.

Werdnal

You are quite at liberty to refuse the LA entry to your home. Bear in mind, that getting the EHO involved will already had upset the LL, so you may receive notice at the earliest opportunity.

If there is a prohibition order put on the property, the council will rehouse you and charge the LL, or they will tell the LL they have to find you alternative accommodation at their expense.

Mr_Pitiful

It will be difficult to refuse them access as the landlord or someone acting on behalf of the landlord has a right to inspect the property for disrepair after giving 24hrs notice in writing.

http://www.legislation.gov.uk/ukpga/1985/70/section/11

jayms1

Thanks for that, Werndal. The LA didn't even ask if they could be present, just told us. I realise we'll probably get our notice now but I don't feel safe here anymore anyway and the electrician's advice was the straw that broke the camel's back. I was nervous about getting the council involved but I'm even more nervous about electrocution or fire.

jayms1

Mr Pitiful, they aren't coming to address the disrepair though. Plus, I'm assuming the Environmental Health might ask personal questions about health issues and whatnot. I'd rather the LA wasn't privy to that kind of information.

Werdnal

Mr_Pitiful wrote: »

It will be difficult to refuse them access as the landlord or someone acting on behalf of the landlord has a right to inspect the property for disrepair after giving 24hrs notice in writing.

http://www.legislation.gov.uk/ukpga/1985/70/section/11

The only way the LA can enforce entry, is by a court order. The 24 hour notice has been given, but does not necessarily have to be accepted by the tenant.

TBH, I cannot see any problem in allowing the LA to be present - the EHO with conduct the meeting in a totally impartial way, and is probably quite used to a LL or their representative trying to bluff their way through any problems or issues they uncover during their inspection, but if tenant does not want them there, they can politely refuse access and the LA cannot force their way in, or use their own key to enter the property if the tenant specifically forbids it!

Mr_Pitiful

jayms1 wrote: »

Mr Pitiful, they aren't coming to address the disrepair though. Plus, I'm assuming the Environmental Health might ask personal questions about health issues and whatnot. I'd rather the LA wasn't privy to that kind of information.

They don't have to be coming to address the repair, just to view the state of repair.

From the link in the post above:

(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.

jayms1

The landlord has already been to view the state of disrepair and doesn't want to know.

anselld

You are probably correct that the LA are hand in glove the LL, but actually the LA works for the LL, not the other way round.

Whilst I agree that you could legally deny access, I think you would be better to allow them to attend. The EHO will be perfectly able to deal with them and it makes sense for them to witness the poor state of repair and the EHO views first hand.

The EHO will serve enforcement notices against any unsafe findings and it will be up to the LA acting for the LL to rectify. No amount of fast talking by the LA is going to make a difference.

I would advise that you juststand back and watch if you are nervous about it.

propertyman

Mr Pitiful and Werndal

Whether there is a contractual and or statutory right to enter, the tenant can refuse entry.

For the landlord or the agent to then enter is a breach of quiet enjoyment and harassment, which carry criminal and civil penalties.

Unless they are prepared to take the consequences of that then they can only resolve that by discussion or a court order.

The point is that the right to enter and the right to refuse are competing rights, and if the parties cannot agree, then only a court can decide, or a court can remedy which party was in the wrong.

You can refer him to section 3a http://www.legislation.gov.uk/ukpga/1977/43 as a starter.

G_M

Personally I would advise you to allow the agent to be there. The EH Officer will not be intimidated - indeed, if the agent is aggessive the EH Officer is likely to take an even stronger position! And by being there, the LL/agent will see that these issues cannot be ignored.

However, if you do NOT want the LL/agent there, then put that in writing to the landlord at the address provided for the serving of notices. For speed, send an email copy as well, or leave a message on their answer-phone - but still put it in a letter.

You can then deny them entry if they turn up, and the LL would need to get a court order to enforce entry hence the importance of the letter.

However, if you do NOT put your objection in writing, and the LL/agent HAS given you 24 hours notice, then they have a right of entry.

There are (often conflicting) rights on both sides.