Landlords Right to Access to property.

Blooper

Hi and this is my first post, so I hope I am getting it right.

It's a simple question. Our landlord posted a note through our door saying that he will be carrying out inspections and gas tests in the next few.

The letter reads.

"Your annual gas test is due shortly and we propose to undertake this work over the next couple of weeks. The landlord will be present with the engineer, therefore you do not need to be in.

We will undertake this opportunity to inspect your property also to see that it is being maintained to the same standard as when you took possession."

Now although I have no problems with this. Does the landlord have to give us a day that he intends to carry this out. I know that he has to give us a min of 24 Hours notice. But 'next couple of weeks' with no idea of when he will come. He may turn up at a time that is not convenient. We have asked but he said it can be anytime.

Does he have to give us a day?

I can't seem to find an answer anywhere.... Any help would be appreciated.

sandsni

The LL has to give you a minimum 24 hours notice, but you are under no obligation to let him in if it doesn't suit. Also, the LL cannot let himself in unless it's an emergency. It's in your own interest to get the inspections and gas tests done, so the best thing is to contact the LL and tell him what days and times would suit you and ask him to make the arrangements for one of those times. Generally we would ask the T to tell us what days/times in the next week or so would suit them, then arrange with the inspector or whoever to visit on one of those days, then let the T know what has been arranged. It can take a bit of to-ing-and-fro-ing but it is doable.

I know with some tradesmen it can be quite hard to pin them down to a specific day or time, so try to be reasonably flexible, but the LL shouldn't expect you to hang around the house for a week on the off-chance he will call.

princeofpounds

Whilst the landlord is meant to give 24hrs notice, it is quite possible that there is a clause in your tenancy that effectively acts as standing permission for the LL to enter the premises. This can be withdrawn (because no contract can override the law), but would need to be done so actively.

Furthermore, even if the LL enters without permission, this is not a crime. Whilst it is unlawful, this is different to being criminal. And so there is no penalty for the LL if there is no loss or damage caused (which would allow a civil action to sue), or as long as it does not amount to harrassment (which requires repeated actions and an element of threat or intimidation).

Therefore in many ways it's more important to rely on practical measures to control access, changing lock barrels and the like.

casperlarue

Agree with 2 posters above, also it's none of the landlords business how you choose to live in your home..... I think it was Artful Lodger who said something along the lines of "you could keep coal in your bath and leave all your washing up to dry and its none of the landlords business"

So don't allow the landlord to come back at you after his inspection recommending how you are to improve your standard of living!

G_M

The LL has rights - indeed obligations - to come in.

You have rights ('quiet enjoyment') - to deny him access.

These conflict.

But rather than quoting rights, and the law, and forcing him to go to court .... discuss!

These inspections are for YOUR benefit and safety, as well as to help the LL look after his property.

Ring up and have a friendly chat. Thank him for arranging this. Explain that you would prefer to be there at the time (if that is what you want), and ask him to agree a date/time when it is convenient to both.

Most LLs are reasonable people (it is only the unreasonable ones we usually hear about here when things go wrong!).

Once you have agreed this, write him a friendly letter confirming what was agreed.

Of course, if he IS unreasonable, and just insists on coming at a time you are unhappy with, THEN come back here for further advice.

Meanwhile if you are interested, read this explanation of the rights of access.

theGrinch

G_M hits the nail on the head. Discuss. Its all about common sense and coming to a mutually beneficial arrangement

tbs624

OP - as sandsni has suggested, write to the LL and offer some specific times and dates on which you would be able to offer access and ask that you reach agreement on a mutually convenient timeslot. Keep a copy of your letter.

Do view any proposed property inspection as a two way process - the legal pupose of these is so that the LL can meet his own S11 (of the LL&T Act 1985) repairing obligations. Have a list ready of anything which ought to be drawn to the LL's attention.

Don't feel that you have to tidy the place especially for the LL - it is your home and provided you are not doing anything which is causing the property or its furnishings to deteriorate there should be no issue.

Norman_Castle

http://england.shelter.org.uk/get_advice/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities

Yorkie1

Quick point to make, is that LL doesn't actually have a right to inspect how you are maintaining the property; his right to inspect is limited only to his repairing responsibilities under statute.

I'm not suggesting you should therefore take umbrage and refuse access, but it's worth knowing the specific situation sometimes.

Blooper

I think I may be misunderstood. I would expect him to give me a specific day that he comes round to do the test and inspection.

I have no problem the LL coming in, but I would prefer a day to be given, not just sometime over the next few weeks. That is my point, can he just say that and then come in when ever he wants....

dimbo61

Your LL has a legal responsibility to have a gas safety certificate done on the property every year by a gas safe engineer.
This will cost him money and he needs to have it done before the old one expires!
Have you got a copy of the GSC ?
He needs to arrange a time when the engineer can do the safety checks which should only take 30 minutes.