Quiet Enjoyment in Rented Property

Charlie79

Hi,

We have been in our rented property in England for nearly a year. In that time there have been numerous issues which have been reported to the letting agent. They have ignored our emails, refused our calls and not dealt with the issues. We could have gone to the EHO at the council and got them to insist the repairs were carried out but knowing it was only a 12 month let we decided to save ourselves the grief. We were also worried about annoying the landlord and giving him a reason to try and withhold any of our deposit, despite the place looking better than it did when we moved in.

Now we're moving out next month the LL wants to send workmen in to estimate for work they want to have done once we've left. It's amazing that the LA can contact us when the LL wants something but any time we want to speak to them they're unavailable.

As I understand it tenants have a right to quiet enjoyment and the landlord can only enter to inspect the condition of the property (this is a managed let and at the outset the LA told us, in front of the LL, that they would inspect at 3 and 6 months. They haven't as they obviously don't want to have to see the issues for themselves), or to carry out repairs. This visit they want is for neither - it's just to benefit them once they've moved back in. Do I have to give them access? What could the repercussions be if we don't?

Also, the agent didn't protect our deposit within 30 days. We were constantly chasing and eventually, after just over 2 months, they protected it. So with this in mind is the section 21 even valid? Can they withhold any deposit that wasn't protected within 30 days?

Thanks in advance,
Charlie

Reue

Im my last shared house, the letting agency were particularly useless and never done any repairs.

We complained to their head office and they responded by refusing to do any references for us when we were moving out. We therefore refused them all access to the property (as they were trying to show new people around).

Despite there threats and incorrect interpretation of the law.. there was actually nothing they could do to force us to let them into our home.

So to answer your question: Yes you can refuse all access (unless its for emergency repairs). The worst they can do is refuse to give a reference.

BitterAndTwisted

No, you don't have to grant them access for any reason whatsoever. if you don't want workmen and contractors round then WRITE to the agent and landlord and tell them that as you are moving out they can have all the workmen round they like once you have vacated.

They can't make deductions from your deposit for not granting access, although if there are issues of disrepair which you haven't informed them of in writing you should fully expect them to try and make deductions for them from your deposit.

I;m assuming that there was a detailed, dated and dual-signed inventory done when you moved in.

if you are moving out at the end of next month why are you doubting the validity of the S21 now?

G_M

* you can refuse access. Do this IN WRITING, via a letter addressed to the LL at the addresson the tenancy agreement "for the serving of notices" Be polite, but clear about what access you agree to -whether contractors, prospective tenants etc

If you fear/suspect the LL/agent may ignore you, change the barrel of the lock (see here) keep the old barrel, and replace it when you leave.

* if the deposit was not protected in within 30 days of payment
a) the S21 Notice is invalid, so if you stay, and the LL goes to court, the court will reject his application for possession
b) you can apply to the court for up to 3 times the deposit as penalty

No the LL cannot deduct from the deposit, though he can still sue for damage via the courts

You appear to have not addressed the repair issues properly. Did you ever WRITE to the LL at the correct address to request repairs?

dimbo61

Charlie you have sent emails and called the LA/LL but have you sent any letters with proof of posting ( NOT RECORDED DELIVERY!!).
If there are serious problems them write a letter and make reference to the previous emails already sent ( Maybe print off a copy).
Point out you will not have any workmen around and have a "right to quiet enjoyment" until you leave.
Save the info on the deposit protection until the LA/LL start to say they will not pay the full deposit back.
maybe speak to the deposit protection people now

Charlie79

We have only communicated with the LA via email, although we do have responses from them so they can't deny anything. I had presumed as it was a managed let we were right to contact the agent for any repairs (tells us to in the contract) and this is what we always did in our previous property with no problem. They sent out a specialist to look at the problems. The specialist then sent the LA a quote to rectify which the LA then sent to us! (basically we have damp issues and a hole in the roof!)

I will write to the LL at the address on the contract explaining that whilst we're happy for an inspection by them or for any workmen to enter to fix the outstanding problems we won't grant access for people to measure up and give quotes for improvements they intend to make when they return. I will also make reference to the outstanding issues, enclosing copies of the emails.

I couldn't give a monkey's if they won't give us a reference as we know all the local letting agents personally anyway and were in our previous property for 8 years and I know that LA will be happy to give another reference.

yoyoegg

You could give a blanket refusal to access and the LL can't push past you, that would be harassment.

However, the LL could apply to the Court to show that he was being prevented in carrying out his obligations to maintain the property. Letting it fall into disrepair is also harassment of the tenant!

I'd expect the Court would be perplexed that a tenant would refuse all access, given at least 24hr notice and during reasonable hours.

princeofpounds

G_M has given you a good answer. Swap the lock barrel (swap back later) - it's not expensive and as there is little penalty if they do enter your home (unless it is a repeated course of conduct with intimidation) it's the most effective remedy. Letter also, for good form.

All they can do for that is not give you a reference and be as awkward as possible over deposits.

But then you can also sue for deposit non-protection. You will get the deposit back and 1-3x award. So even if you decide not to do it (and personally I would only do it if the relationship turns actively bad) you have a strong bargaining chip to ensure their good behaviour.

Landlords do have a right to access the property to maintain and inspect it, but that right can only be ultimately enforced by a court order or in a genuine emergency (fire, flood, gas).

Whether the S21 is valid or not will depend, amongst other things, on when it was actually served.

I don't agree with yoyoegg. These issues will never get anywhere near court before the time they want you out..

Charlie79

princeofpounds wrote: »

Landlords do have a right to access the property to maintain and inspect it, but that right can only be ultimately enforced by a court order or in a genuine emergency (fire, flood, gas).

I'm more than happy for the LL to access to inspect and maintain the property. When they were sending a damp specialist we liaised with them and took time off work to let them in. There were a couple of maintenance jobs that were carried out and we were happy to let people in.

My only issue here is that there have been some serious issues that weren't addressed and the LL has the audacity to expect us to let in people to quote for work to be carried out when we've gone. Had he been a better LL I'd have been more accomodating

G_M

Charlie79 wrote: »

My only issue here is that there have been some serious issues that weren't addressed and the LL has the audacity to expect us to let in people to quote for work to be carried out when we've gone. Had he been a better LL I'd have been more accomodating

And yet you have not reported the issues properly.

The law requires the landlord to provide the tenant with a postal address for formal communication.

So the tenant is expected to use it.