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

Johnandabby

SideB wrote: »

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

Sounds like it's a new bar below, and the sound test would be to test the sound reduction performance of the floor between the bar and your flat above for Building Regulations sign-off.


Actually the test will help toward you being able to achieve your right to quiet enjoyment (albeit not the same legal definition!), as it would identify any issues with noise transfer between the bar and your flat - it's not nice living above a noisy bar... The test itself is quick, not really a long time to be silent.

silvercar

At what point does your right to deny previously given access outweigh the fact you gave permission? And at what point would you expect to be liable for costs? 24 hours before, an hour before, 5 minutes, when they are knocking on the door?

[Deleted User]

It all comes down to if the landlord incurred a cost due to you first giving permission and then withdrawing it the day before the appointment. If the landlord was charged for a cancelled appointment (some places charge for last minute cancellations because they can't get another client on that short notice so the time is effectively wasted, much like hotels charging if you try to cancel right at the last moment) then you would potentially be liable. Your actions caused him to incur that cost, and presumably he will have to re-arrange another sound test at some later date.

dancingfairy

Does the landlord have to pay for the test? Would he have to pay if he cancelled with less than 24 hours notice? I would assume that this is entirely possible, so yes I feel that you should pay. Do not get in a game of tit for tat and keep your nose clean.
If you want help on getting your repairs done or asserting your legal rights then I'm sure people can advise on this.
df

PasturesNew

The main issue here is a common renter issue.... things are done to you; you're just told when, not part of the appointment making process. That's annoying......

DevCoder

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"?

"quiet enjoyment" can be vastly overhyped, and in this case you are doing so. This "being quiet" during a sound test would in no way be construed as a violation of that "right".

You can get involved in a tit for tat argument if you want, but Id expect a S21 fairly quickly, the landlord will want to get a tenant in who is less of a nuisance, whether that is right or not is up for discussion.

sacha28

SideB wrote: »

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

:rotfl::rotfl::rotfl: this really tickled me!! Clearly you have no real concept of what 'quiet enjoyment' really means! Also, how the hell would they be able to conduct an accurate test with you walking around making noise? Kind of defeats the object.

IMHO I think you are being completely unreasonable. It's not like he wants to come in and measure up for a curtain pole is it, he needs to do a sound test to ensure the soundproofing meets legal requirements by allowing next to no noise through your floors. Surely this is for your benefit as well as his?

Say you gave permission, took the day off work to accommodate the test and then he cancelled the evening before (like you have). From the sounds of things you would be the 1st to bleat about compo for the lost wages from the late cancellation, why should it be any different for him??

Whatever the issues, that you refuse to discuss, I think your behaviour is going to find you on the receiving end of an S21.

lynz68

Do you like living in your flat and intend to remain there? If so look at the bigger picture.

If your going to come across as an awkward tenant the LL may well decide enough is enough and start the s21 process when a sound test will be the least of your problems.

Why not just let him in for the test and ask about other issues while he is there.

SideB

It ended up working out ok. Landlord agreed to resolve the other outstanding issues, which he had refused to previously, if I allowed access for the sound test.

mgarl10024

Quizzical_Squirrel wrote: »

So the landlord asks the tenant 'when is it convenient for me to do X?'
Tenant: let me get back to you on that one
Landlord : a week has passed, any idea when? Maybe next week?
Tenant : I'm on holiday that week
Landlord : how about the week after?
Tenant : my elderly mother/disabled relative/other vulnerable and emotionally fragile imaginary person is coming to stay that week.

There comes a point where the landlord just has to make an appointment and tell the tenant.

As a new landlord, I've been learning the same thing. I needed to book in a Gas Safety check, so I had to ask the tenant for his free days, then the Gas Engineer, then try to find something that meets both sets of dates. Then one side asks "Can they do such and such a date?" which isn't on the other's list. Then one side has something crop up (it happens). I think I actually spent longer on the phone negotiating than the actual appointment took!
Fortunately, both sides are very accommodating - but there were times when I was tempted to just ask the Gas Engineer to phone the tenant and agree it themselves!

SideB wrote: »

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"?

I'd argue that during the test is the ideal time to quietly enjoy the property.