Landlord saying I'm responsible for costs due to refusing access

SideB

Hi,

My landlord emailed me yesterday saying that someone would need access to my flat on Friday for a "sound test". They gave me the choice of AM/PM, and at that point I thought I could get out of my work commitments so said it would be fine.

However, there are separate oustanding issues with the landlord, which up till now he was cooperating on. He has now changed his position and in my opinion is being unreasonable. So I have said to him I'm not willing to allow access until the other issues are resolved.

I appreciate that some of you may think it is unreasonable to refuse the landlord access, but without being aware of the other issues, I would ask you don't pass judgement. I don't really want to get into the other issues either, but the landlord is saying that I would be liable for the costs because of having to cancel the sound test tomorrow.

What I'm hoping to find find out is if I am legally liable for these costs because I changed my mind on allowing access? I know I have the right to refuse access (within reason), but I did give permission yesterday obviously, despite the very short notice.

Thank you!

Confusedandneedhelp

Sound test for what? Perhaps I'm missing something ibvious

SideB

The sound test is for a bar below the flat. Could anyone advise me on the legalities of it though? Am I legally responsible? The landlord has made a complete U-turn on previous issues, which is why we're in this situation.

Edit: Just to add, during the sound test I must be "silent" in the house and not make any noise. Surely this would not be in accordance of my right to "quiet enjoyment"?

Thanks

anselld

Legally you do not have to grant access, especially as the test is nothing to do with the conduct of your tenancy or the LLs repairing obligations.
You have notified the LL in good time of your denial of access so the LL has plenty of time to cancel or reschedule without incurring any cost. Hence he has no claim for "loss".

SideB

anselld wrote: »

Legally you do not have to grant access, especially as the test is nothing to do with the conduct of your tenancy or the LLs repairing obligations.
You have notified the LL in good time of your denial of access so the LL has plenty of time to cancel without incurring any cost. Hence he has no claim for "loss".

I let him know in the last 2 hours, and it's meant to happen at 1pm tomorrow. Is that plenty of time?

The other thing is, originally when I agreed, I wasn't really aware of my legal rights as a tenant to refuse access. The landlord told me it had been arranged, he didn't give me a choice. I just replied saying that's ok I'll be present. Now I actually know that I don't have to agree to this stuff.

sulphate

As it's been said, legally you can refuse access. However, this has the obvious side effect of staining relations between you and the landlord.

It doesn't sound unreasonable that the landlord would have to pay for rescheduling this appointment as you gave him less than 24hrs notice - he may not be able to contact the sound company until tomorrow for example. Perhaps you could suggest that he comes round to let the people in for the sound test?

SideB

I don't want to let anyone in unsupervised - there are various valuables in the flat. Furthermore, my flatmate is not in the country at the moment, and his belongings are also there. We don't want anyone in there without us supervising, and right now this is an inconvenience.

Can anyone advise on whether we would be liable for the costs?

I appreciate it is stress, but the thing is the other issues we have outstanding are much bigger to be honest, and the landlord is not being reasonable with them at all. If I allow them in tomorrow, the landlord has nothing to put him off continuing not resolving the other outstanding issues.

G_M

What does your tenancy agreement say? It is likely that provided you receive 24 hours notice the LL can gain access. The TA may stipulate what for eg viewings (perhaps in the final x weeks), routine maintenance, statutory obligations etc.

Without know everything about this 'sound test', I would imagine this is something he either is required to do, or wishes o do to maintain the property in a sutably sound-proofed state (maintenance).

Given that you received ample advance notice, and given that you agreed, it is not unreasonable for the LL to have assumed there is no problem, and booked the test.

Again, not fully understanding the test, IF cancelling it now is going to result in a cost to the LL, then yes, you should pay - certainly morally, and probobly legally (though there is always an element of doubt in cases like this which would ultimately depend on what a judge decided).

Pixie5740

Yes you can refuse access. I'm not sure if the LL can charge you for any costs incurred for you cancelling with less than 24 hours notice.

Since you are no longer able to attend tomorrow do you have a friend or relative that could be there in your place?

Has this bar already opened or about to be opened? Could this sound test also be for your benefit by helping prevent unnecessary noise from coming up into your home?

Pixie5740

What are the other issues? Are they related to repairs that need doing? If so then Shelter or Shelter Scotland depending on where you live have some great advice on what to do when landlords refuse to repair things.

Confusedandneedhelp

Allow access this time and refuse any in the future?

Or refuse this time and see if he can be bothered with court