House inspection for rented property

G_M

Dazi wrote: »

And is that true then? They can just let themselves in?

You agreed to a contract that says

My contract states that they can inspect the property (quarterly?),

so yes, if they inform you properly in advance, in writing, and you do not reply they can. You have already consented by signing the contract.

Of course, if you respond to their advance notice withdrawing your consent, (eg "that day/time is inconvenient. Please come on xxxx instead/please call me to re-schedule" etc) then an element of legal doubt arises: you have a right to 'quiet enjoyment' and they have a right to inspect.

The 2 rights must be balanced and ultimately only a judge can decide which takes precedence /which is more reasonable.

As dancing fairy says

You could always write a letter to the landlord saying that you enjoy living in the property, that you've lived there for x years but that you feel quarterly inspections are overkill and would they be able to accommodate 6 monthly/yearly?

this is a reasonable request and a reasonable LL would agree.

jjlandlord

G_M wrote: »

Of course, if you respond to their advance notice withdrawing your consent

Of course we then fall back to the usual debate: What says that the tenant is entitled to withdraw from a lease covenant?

I could also repeat that quiet enjoyment is not absolute and case law confirms that reasonable rights of access do not interfere with quiet enjoyment.


To get back to OP:
You do not have to be present for inspections.

Creating trouble will only make your dealings with the agent more difficult.
I would therefore re-iterate the suggestion that you contact them and politely suggest that perhaps one inspection every 6 months would do considering that you are a long term, reliable tenant.
If they refuse, either live with it or consider moving.

Guest101

As usual JJ ur attitude towards tenants is tainted.

As we know, not all clauses are enforceable. So yes a tenant can withdraw from those that are not. Unilaterally.

The LL ultimately has powers to evict, which is the trump card. But can a tenant prevent an inspection, or remove all access. Of course they can. Will the get a s21. Probably.

jjlandlord

This is not about an attitude towards tenants or landlords but simply looking at the law.

Guest101 wrote: »

As we know, not all clauses are enforceable. So yes a tenant can withdraw from those that are not. Unilaterally.

You're showing your lack of understanding again.

1. A tenant (or landlord) cannot 'withdraw' from a clause that is not enforceable because he is not the judge of that. He can breach the clause and bet that he will not suffer any adverse consequence.

2. The clause under discussion is added by statute, which gives a rather strong indication that it is to be reckoned with.


OP has already been advised.

kinger101

Guest101 wrote: »

As usual JJ ur attitude towards tenants is tainted.

As we know, not all clauses are enforceable. So yes a tenant can withdraw from those that are not. Unilaterally.

The LL ultimately has powers to evict, which is the trump card. But can a tenant prevent an inspection, or remove all access. Of course they can. Will the get a s21. Probably.

But the LL is granted the right to enter the property for the purpose of ensuring is is adequately maintained by statute (with 24 hours written notice)

While there is debate about frequency, and what action should be taken where the tenant refuses, I don't see how one can argue a clause would be unfair when it forms part of the LL's obligations.

We don't know what periods are specified by the clause in OP's contract (I suspect none). Weekly would obviously be unfair, but I think it would be difficult to argue quarterly was; although I do agree this unusual once the LL/agent is happy with the tenants.

Perhaps it's just a LA trying to justify their fee by box-ticking.

Fen1

Thank you for all the advice.

May I ask a few more questions? I apologise if this has been covered elsewhere.

When the agent arranges an inspection must I have notification in a paper letter? What happens if I am only informed by telephone or email? Does email have the same legal brevity as a written letter? Must they then wait for me to agree to the inspection by letter, or can they just descend? I despise the idea that they can just descend and let themselves into my home.

How much notice should I be given? The new regime at the agent's gives me less than a week's notice.

I am a very private person and intensly dislike the idea of a stranger in my home without my being present. I even draw the curtains when the window cleaner comes round.:o

Thank you for the idea of writing to the LL. We know each other socially, so could I just mention to him that the quarterly inspections are a bit overkill. "Gosh, it must be costing you to have all these inspection.You'd save a good few bob going annually...."

Callie22

theartfullodger wrote: »

Were it me (retired, somewhat forceful of opinion, a landlord - sorry) think I'd get a bag of coal & put it in the bath: It;s your home, your property (oh yes, see...
http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/
) for you to chose what to do with (within agreed clauses...).

Cheers!

My last rental contract actually had a clause that I was not to use any part of the property 'for the storage of coal'. I think the LAs are reading these boards ...

More seriously, it seems to have become common in rentals to have quarterly inspections. When my partner and I started renting you'd perhaps get one inspection shortly after you'd moved in, and then nothing. We noticed that gradually six monthly inspections were becoming more common, and in our last couple of places the inspections have been quarterly. It just seems so intrusive and excessive, especially if you've shown that you're a 'good' tenant. I think a lot of is a way for LAs to show their LLs that they're actually doing something for their management fees.

Kynthia

A lot of letting agents now put quarterly inspections as part of their management package and obviously charge the LL a fee for them every time. So many landlord get this service without particularly choosing the frequency themselves and probably don't give it a thought, plus it is a good money earner for the LA. Once you've been there more than a year I think many LLs would be happy to reduce the frequency if there's been no problems or concerns, they've just not had anything to prompt them to do so. Therefore it's definitely worth asking, especially if you've been there years and have a good relationship.

kinger101

Fen1 wrote: »

Thank you for all the advice.

May I ask a few more questions? I apologise if this has been covered elsewhere.

When the agent arranges an inspection must I have notification in a paper letter?

You should, yes

What happens if I am only informed by telephone or email? Does email have the same legal brevity as a written letter?

In that case, they've not given sufficient notice. But given these are more convenient forms of communication, think about whether you really want to object to these.

Must they then wait for me to agree to the inspection by letter, or can they just descend? I despise the idea that they can just descend and let themselves into my home.

They don't require your agreement, but if for some reason it's inconvenient on a particular day, or you want to be there, try to negotiate this.

How much notice should I be given? The new regime at the agent's gives me less than a week's notice.

24 hours written notice.

I am a very private person and intensly dislike the idea of a stranger in my home without my being present. I even draw the curtains when the window cleaner comes round.:o

Understandable. See if the LA can be accommodating and arrange a time when you can be present.

Thank you for the idea of writing to the LL. We know each other socially, so could I just mention to him that the quarterly inspections are a bit overkill. "Gosh, it must be costing you to have all these inspection.You'd save a good few bob going annually...."

,,,,,,,,,,,,,,,,,

jjlandlord

They must give notice in writing. An email is in writing.
You seem to be receiving their emails, so as long as they send them 24 hours before visiting I don't see that this is an issue.