Mandatory Face Masks

TripleH

We have an inspection next month on our property by the letting agents.

Am I within my rights to insist it is mandatory they wear face masks throughout the entire inspection (no exceptions), we accept that we will have to as well.

Again as we expect to move in the not too distant future, we would want face masks to be mandatory for any viewings on the property (again no exceptions).

Owing to having house cats who aren't allowed out I would want to be at viewings to manage them.

I know many people have different views on whether you should wear them or not, but as this is our home it is what makes us feel comfortable.

Silvertabby

Your home, your rules.  

user1977

Seems fair enough. And if any individuals don't want/can't wear one, the agents can find someone who will.

eddddy

It seems reasonable.

But I'm not sure if you might run into 'disability discrimination' issues. If somebody has a genuine disability which means they can't wear a face mask, it might be argued that you're discriminating against them by refusing to let them view because of their disability.

(And then the problem arises of how do you know if they have genuine disability - or they are just saying they have, to avoid wearing a mask.) 

TripleH

It's a good point, but comes down to where you have parties with impairments, with conflicting requirements, which takes precident?

MaryNB

TripleH said:

It's a good point, but comes down to where you have parties with impairments, with conflicting requirements, which takes precident?

You don't have to let them inspect to begin with. They can only enter the property with your permission so your say is final. It's your home, you need to look after yourself.

user1977

eddddy said:

But I'm not sure if you might run into 'disability discrimination' issues. If somebody has a genuine disability which means they can't wear a face mask, it might be argued that you're discriminating against them by refusing to let them view because of their disability.

There's no relevant obligation on the tenant in relation to that though. If the letting agent demanded that their employees wore a mask, that might be an issue.

eddddy

TripleH said:

It's a good point, but comes down to where you have parties with impairments, with conflicting requirements, which takes precident?

I'm no expert on this - the only part of the legislation I'm (a bit) familiar with is that businesses have to make reasonable adaptions for people with disabilities - I guess that would include viewers with disabilities, and occupiers with disabilities.

So I guess the estate agent would have to make 'reasonable adaptions' to the viewing process.

I suppose 'reasonable adaptions' might include letting people not wear masks but opening all the windows and/or only allowing one person in the property at a time and/or keeping people a set distance apart etc.

Maybe it could be argued that a 'reasonable adaption' is to only allow video viewing - but I suspect a disabled prospective viewer might argue that's not reasonable.

TripleH

Thank you MaryNB. The inspection can work to our advantage hence why we haven't refused it.

I'm not comfortable with other people coming round our house and as we both work from home would prefer to limit when they can come for viewings.

theartfullodger

As above.

Save agency time by sending your list of things needing fixing and when.

Those inspections under s11(6) of landlord and tenant act 1985 are to check that the place is ok for you the tenant, not so landlord can check how you are using it etc.

Amazing how many stupid ignorant agents and landlords don't realise this 

The act also specifies inspection happens at reasonable times, explain to them no time is reasonable if no face mask.

See
https://www.legislation.gov.uk/ukpga/1985/70/section/11
[quote] (6) In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair. [/quote]

So if they've just 'phoned you up about inspection it wasn't in writing so invalid notice.

Point agent at thread to save them effort.

In England letting agents (and landlords) require no training, no qualifications, no criminal records check: You could be dealing with any old prisoner on early release from Pentonville prison from the sentence for fraud & GBH.

Artful, Landlord since 2000

MaryNB

eddddy said:

TripleH said:

It's a good point, but comes down to where you have parties with impairments, with conflicting requirements, which takes precident?

I'm no expert on this - the only part of the legislation I'm (a bit) familiar with is that businesses have to make reasonable adaptions for people with disabilities - I guess that would include viewers with disabilities, and occupiers with disabilities.

So I guess the estate agent would have to make 'reasonable adaptions' to the viewing process.

I suppose 'reasonable adaptions' might include letting people not wear masks but opening all the windows and/or only allowing one person in the property at a time and/or keeping people a set distance apart etc.

Maybe it could be argued that a 'reasonable adaption' is to only allow video viewing - but I suspect a disabled prospective viewer might argue that's not reasonable.

It's not a viewing to sell the property. It's a letting agency carrying out an inspection.