Landlord demanding inspection every 2 weeks,

davidmcn

SpartanLK wrote: »

even using unmade beds as a reason.

What remedy are they proposing? Are they going to send round a professional bed-maker every morning?

G_M

SpartanLK wrote: »

T....It does state however The Landlord may apply to the court to end this tenancy and repossess the Property if: (b) the Tenant does not comply with the obligations set out in this Agreement. So would they have an argument if we refuse inspections when given 24hrs notice?

That clause is unecessary as it applies to all tenancies.

As I pointed out earlier, the process would be that the landlord serve you a S8 Notice, using one of 12 'grounds'. in this case ground 12, and then apply to court for possession.

But as I also pointed out earlier

No court would grant such an order in circumstances such as these here.

m0bov

Just tell the agent you will allow access no more than twice yearly

Owain_Moneysaver

3.32 We would object to a provision giving the landlord an excessive right to
enter the rented property. Under any kind of lease or tenancy, a landlord is
required by common law to allow his tenants 'exclusive possession' and
'quiet enjoyment' of the premises during the tenancy. In other words, tenants
must be free from unwarranted intrusion by anyone, including the landlord.
Landlords are unfairly disregarding that basic obligation if they reserve a
right to enter the property without giving reasonable notice or getting the
tenant's consent, except for good reason.

Misleading eviction clauses
3.71 Legal protection for tenants against eviction ensures that most tenancy
agreements cannot normally be terminated, for whatever reason, without
notice. We would challenge a term suggesting that the tenant could be
evicted without notice or without the landlord needing to obtain a court order
beforehand, on the basis that it is seriously misleading.

This is from the Office of Fair Trading document OFT356 Guidance on unfair terms in
tenancy agreements

That document has been superseded by legislative changes but is still useful guidance for what may be considered unreasonable. See also

https://www.landlordlaw.co.uk/member/unfair-terms-tenancy-agreements#2

The landlord does have a right of access for the purposes of maintaining the property. So if there's been a leak, and the plumber's fixed it, the landlord can probably give 24 hours notice to inspect the work done and make sure the leak actually is fixed. Right of access for maintaining the property does not mean he can pop in every day to see whether the tenants have made the beds. It's clearly intrusive.

G_M

Owain_Moneysaver wrote: »

The landlord does have a right of access for the purposes of maintaining the property. So if there's been a leak, and the plumber's fixed it, the landlord can probably give 24 hours notice to inspect the work done and make sure the leak actually is fixed. Right of access for maintaining the property does not mean he can pop in every day to see whether the tenants have made the beds. It's clearly intrusive.

The landlord does also have other access rights, subject to advance notice, and of reasonable frequency eg


* to show prospective new tenants or a letting agent, round in the final weeks of the tenancy, if the contract says so
* inspect the property for defects (eg leaking pipes, missing roof tiles, damage caused by tenants etc (but NOT the tenants' way of life eg making beds, vacuuming the floor)
* to obtain a Valuation by a surveyor eg if re-mortgaging


The access rights of the landlord and the privacy rights of the tenant are a balance. Ultimately (in case of dispute) a court would decide where that fair balance lay. But 2 weekly inspections would NOT be considered fair.

silvercar

It is a single and joint tenancy contract. That’s the other thing I wanted to check, if were 5 unrelated individuals shouldn’t we be on a HMO contract?

No. it's fine for you to be on a joint tenancy. That means you all leave together. If you were all on individual tenancies, you could each leave individually and have tenancies that ended at different times.

It means that you all as a group are responsible for the common parts. With individual tenancies, the landlord can come and go in the common parts.

The property is still an HMO as there are 5 of you. The landlord should ensure that the property complies; loosely better safety measures.