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Agent falsly stating inspection

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  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    xVenTriSx wrote: »
    As far as im aware, our LL does have his* pw in good order, its why he pays for a LA
    That almost makes it more likely it isn't...

    Gas safety cert, deposit protected and paperwork issued within 30 days of move-in, any s21 issued absolutely i-dotted-t-crossed, etc etc.
  • saajan_12
    saajan_12 Posts: 4,981 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The purpose of inspections should be:
    - LL to state of repair of the property, eg damp, leaks, holes through walls etc so they know what repairs are necessary before they get worse
    - You to report maintenance issues
    - LL to assess any tenant damage / breaches of the lease (eg overcrowding, holes through walls) ahead of any decisions to renew etc.

    That does not include cleanliness, which doesn't affect the LL as long as you sort it before you leave.

    As for practical next steps and since you want to stay long term, I would de-escalate the back-and-forth around the last inspection as its futile.. even with your proof, they could have done a 2 min whip around when you were out or say there was some mistake but you still 'failed' the last inspection. Either way, the important point is that their complaint is irrelevant as you don't have to keep it spotless during the tenancy.

    I would speak / write to the LL:
    Dear LL,

    I hope you are well. I understand there is some misunderstanding with the recent inspections, but I would like to assure you we maintain the property well. Perhaps LA's comments reflect the home the day before hoovering day, but there have been no issues that would affect the condition of the property. We can assure you we will return the property cleaned as per our tenancy agreement.

    However during our tenancy, we don't think this is relevant and would like to enjoy our home wihtout undue interruption. Please could we limit inspections to 2 per year and provide 24 hours written notice of the visit date and time.

    Thanks

    xVenTriSx wrote: »
    Ok, here goes:

    Me and my wife rent a property from our landlord(LL), he uses a letting agent(LA), we usually get inspections every 6 months as per our tenancy agreement. apparently we have had 2 inspections done in six months with another due next week as the last one was a fail. - what are the 'passing' criteria? You can't really fail an inspection and the LL has no recourse if they don't like what they see. apparently we left it untidy and "housework" wasn't done, yard not swept, carpet not hoovered ect. - none of their business, you can keep the cleanliness as you like during the tenancy, you only have to leave it as clean as it was at the start WHEN YOU LEAVE.

    i recieved an email about an impending inspection 3 weeks ago, they never turned up for two weeks since that email. - did they give you notice of the actual date? They can't just have free rein over your home, you only have to allow access for inspection if a) its in your agreement and b) you're given reasonable notice (at least 24 hrs) whats odd about this recent inspection is that they did it when we were out. which is what confuses me, i was in the property ALL day, i have PC records to prove otherwise. (microsoft event viewer for the win!) I left the property at 14:55 to pick up my son from school just around the corner, i was back in ten mins by 15:05. no one had been. the LA are saying it only takes 10-15 mins to do an inspection and we were not at home during the afternoon, ive challenged this by asking the exact time it was done, they cant answer or the one who did it said she had alot to do that day and wasn't sure on the time (i was very tactical on saying i hadnt been out of the property but not stating the time i had to get my son!) and i asked my neighbor if she saw anyone "visiting" an no one came while i was away. (i have a nosey but very nice neighbor!).- all irrelevant, you don't have to prove yourself.

    during other inspections from the LA, the agent has come round (an we do this subtly to see if they actually do anything) and talk to them to raise any issues we have. prime example is a condemned gas fire which is disconnected but the landlord still refuses to remove. anyway, they hadn't even gone round to inspect an just left soon after. - this is half the purpose of inspections.. for you to raise issues.

    our LL is siding with the LA on this, but until i can get an exact time from the LA my hands are tied. - No they're not, you don't have to prove anything. Stop focussing on this. i dont get it, in all the years weve been here (nearly 6) the last year for inspections has gone down the pan, its funny really, might have something to do with us talking to our LL about the LA not doing the inspections correctly. so everyones being really snotty over things. - yes, sounds like everyone is getting unnecessarily passive aggressive and bogged down in detail. i have other concerns to address (one dealing with maintenance, on the walls and another regarding the washing machine) - so report those in writing to the LL at the 'address for serving notices' but i need advice on the inspection thing first, because i have the evidence to prove otherwise, so if they cant explain the exact time, i want to go for the jugular, in a fashion, - you really really don't need to prove anything. as we dont want to be held responsible for abit of an unkempt family home (2 children btw below 5). is it unreasonable after nearly 6 years to expect us to have the house like it was on moving in? - During your tenancy? Yes its unreasonable.. you are allowed to live how you like. At the end of your tenancy? No, not unreasonable to expect it as clean as when you moved in, barring fair wear and tear. However that isn't now.. bearing in mind there's other issues that has us tied up on decor (damp from outside). im perturbed because both me and my wife are expecting the LL not to renew our agreement for another 6 months, an we cant afford the rent of somewhere else locally, let alone the cost of moving outside of our city for cheaper rent (as both of us cant drive). - So this is key.. you need to reduce the animosity and speak to the LL focussing on the key things (good tenants, rent on time, no damage..). IF you keep on the back and forth with the LA like this, it'll look like you're difficult and remember the LA have no vested interest in consistent rent.. they would actually benefit in fees if there's a tenant changeover.

    well anyway, rant over, im just dumbstruck as to why were are getting hammered lately, i need some reassurance i guess, i dont scare easy but im scared for my kids no.... petrified, especially after getting them settled into a good school thats on our doorstep. we have nothing saved, an dont have enough left over to save after bills an living costs, moving would tear us apart, as it means i failed to provide for my family.

    kind regards.
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