Tenancy inspection query

Comms69

crispy_duck wrote: »

Or a stubborn tenant...

who allowed inspection just 1 month ago?...

Annabee

How did it go, OP?

saajan_12

crispy_duck wrote: »

It's nothing to do with the tenancy agreement. It's the law. Specifically, section 11 of the Landlord and Tenant Act 1985.

Have you actually read the Act? Section 11 doesn't mention anything about rights to refuse access.

And every heard of contract law? The tenancy agreement also forms 'law' for the parties involved.

MoneySavingUser

Norman_Castle wrote: »

Do the landlords own numerous properties in the block which they are planning to inspect on the same day?

They do own multiple properties, not sure where the other ones are I don't think they are in the same block.

crispy_duck wrote: »

It's legal, in the sense that it isn't a criminal offence, yes. If the tenancy agreement states that no unauthorised alterations may be made to the premises (and every tenancy agreement I've ever had has stated that) then it would be a breach of that agreement, and potentially render the tenant liable to a s.8 eviction. The landlord has a legal right of access to their property either way - changing the locks is not a clever ploy to get round that.

My understanding is that case law has ruled that you need to leave the property in the same state as it was originally - so changing the locks and putting the old ones back in when you leave is OK.

This article says it is ok to refuse access and change the locks: https://www.simplybusiness.co.uk/knowledge/articles/2016/12/landlord-access-rights/ but I can't vouch for its accuracy.

There is some interesting discussion here: http://www.landlordlawblog.co.uk/2014/09/09/all-about-landlords-rights-to-go-into-their-tenants-property/

http://www.privatehousinginformation.co.uk/site/148.asp seems to be a council run website

It is the tenant’s right to refuse access if the tenant wishes. If access is refused the landlord cannot enter - this is because the tenant’s right to exclude people from the property overrides the landlord’s right of access if the two are in conflict. However, refusal to let the landlord inspect at all, will put the tenant in breach of the tenancy agreement.
Normally a tenant will refuse access because they wish to be present at the inspection visit and the suggested appointment date is not convenient. This is entirely reasonable and is indeed in the landlord’s favour to have the tenant present as it will then be less difficult for the tenant to raise any accusations of theft against the landlord if items go missing in the property.

https://www.rla.org.uk/landlord/guides/guidance-to-access-to-properties.shtml

Section 11 of the Landlord & Tenant Act 1985.
This allows access to carry our repairs on at least 24 hours notice. It also permits access to carry out inspections to see if repairs are needed again on at least 24 hours notice. Note however that the statutory power of access will only authorise access if this is genuinely needed to carry out repairs or inspect to see if repairs are needed.

Annabee wrote: »

How did it go, OP?

I wasn't able to be here, but I was able to arrange for a relative to be here.

My relative had to wait around until after 4pm for the agent + LL to turn up (I'm annoyed at this). Apparently, they had not visited as many houses as they planned to, so presumably I am lucky they turned up at all! I have actually had an agent call up once at 6pm and say they didn't manage to get to me, can they come tomorrow!

The inspection was uneventful, they said the house was in much better condition than the others they had seen.

I emailed the agent this morning to say that my relative would be here and I would respond more fully to him later.

I think I am just going to say that I have the right to refuse him access and to be present, in future he needs to agree a specific date and time with me.

Annabee

Hmm, yes that is annoying. Hope your relative wasn't too inconvenienced.

The stiff letter yes, a good idea (a lawyer's letter maybe - or is that overkill, would cost you obviously). They can't say you are being obstructive, as you are perfectly fine with letting them come in FOR AN AGREED APPPOINTMENT. They would obviously prefer to just let themselves in, though, but you need to try and squash that. Unfortunately they caught you on the hop this time, due to not much notice (probably deliberate).

Norman_Castle

I would change the locks. The new agent only seems interested in their rights and convenience and clearly expects tenants to accommodate them. They will only find out if they try to gain access.
If access is needed in an emergency presumably they have your number. Can you leave a key with anyone local?

martindow

Norman_Castle wrote: »

If access is needed in an emergency

The fire brigade or gas company are not going to fiddle around getting a key from the landlord, an agent or someone living nearby for an emergency - they will just break in.

The agent's enthusiasm for repeated inspections is probably because they are charging the landlord a fee each time.

Norman_Castle

martindow wrote: »

The fire brigade or gas company are not going to fiddle around getting a key from the landlord, an agent or someone living nearby for an emergency - they will just break in.

Clearly, but non life threatening emergencies such as a water leak allow time. Access to a key is better than a bill for damage.