Problems with letting agent over inspections (tenant POV)

chickadee13

Hi there, hope everyone had a great Christmas if you celebrated it.

I've perused the forums regarding letting agent/landlord queries and I know there are many knowledgable people here, so I was hoping for some advice. I have to have quarterly inspections (privately rented flat) from the letting agent. I've lived here 10 years, always pay rent on time, never disturb others, etc. I've also never refused an inspection, but I do usually have to rearrange them, as they tend to be at inconvenient times (I used to work in an office and now although I WFH I also do freelance work in my evenings, have meetings, also have an elderly mother to help out who doesn't live nearby). Sometimes I rearrange for a couple of weeks later for that reason, but I always let them in on our rearranged date.

The last one was in October, and I had just got back from holiday so I again asked if it could happen a couple of weeks later, which ended up being end of October. Before Christmas, I received an email that the next inspection will be 4 Jan. I informed them that this would be less than three months after the previous one, and they told me it's according to their set spreadsheet, so three months from the intended date, not the actual one. 

I do understand this! However, 4 Jan is no use to me, as I'm at my mum's. I need time to tidy up because the last time the (unpleasant) guy commented on my 'organised chaos' and made other comments about tidiness, which I did point out was not any of their business. So I've suggested a couple of weeks later when I'll be able to organise things, and they've come back to say they will knock on the door on 4 Jan and if they don't get access they will be applying for Right of Access at a tribunal!

I suppose they can do this, but I would appreciate advice on whether I am being unreasonable. I feel that inspections, especially ones as frequent as I have, should surely be at both parties' convenience and for both of our benefits. At the moment, I get no benefit from them and end up feeling completely fed up.

Thanks in advance.

Voyager2002

Hello, former landlord here.

In terms of the legalities you are absolutely right: inspections and other non-urgent visits should take place at mutually convenient times. In practice if the agent applied to a tribunal the process would take a while; the inspection would happen before the hearing date and the agent would be left looking stupid.

In terms of your situation and the relationships, clearly there are problems. Your last inspection was delayed and it seems that problems were reported; probably the landlord was concerned and now wants the agent to make sure as soon as possible that everything is now satisfactory. It was really not helpful telling the agent that your tidiness was none of his business: chaos within the property makes it more difficult to see possible problems such as the kind of poor hygiene that attracts vermin and generally makes the inspection unsatisfactory. Ideally you would get the flat spick and span before going away, and arrange for a friend to supervise the agent on the proposed inspection date or even let them come in alone. If that is not an option then make it a priority to get your home really clean and tidy as soon as you get back, and arrange for the inspection to happen as soon as possible.

chickadee13

Thanks for your response and appreciate the comments. Any untidiness is on my own furniture (flat was unfurnished when I moved in). I clean the bathroom and kitchen every week and tidy/pick up as and when I have time. I did have to tell him it was none of his business, unfortunately, as the comments he was making were not OK (and nothing to do with damage or other more serious issues). The letting agent has historically been difficult to work with, so I probably have become fed up at this stage!

GrumpyDil

I'm sorry but I have to point out that the general tidyness or otherwise of the property during the tenancy really is none of the agent's business. They are there to carry out a general inspection and threatening to go for enforced access after one failed appointment that op has already discussed with them, particularly in relation to a tenancy that has continued for over 10 years is ridiculous.

Indeed I have tenants who have been in place for 10 years now and I check in on them once a year. They have made the property their home and are looking after it appropriately. 

MultiFuelBurner

Sounds like a letting agent with too much time on their hands.

Quite them this

Tenants do have the right to refuse your request to access the property. They may do this simply because they are ill or are not available at the proposed time and would prefer to be present during the inspection. In this case, simply request access at a different date and time, ensuring to still give sufficient notice. 

Source

https://www.nrla.org.uk/news/rentguard-a-guide-to-periodic-inspections/

theartfullodger

An inspection (possible under landlord and tenant act 1985 s11 - read it ! ) is to check the place is OK FOR THE TENANT - not so landlord/agent can moan about how tenant is living.

So if bath is full of coal, dirty washing strewn about & there is a leak in one window the only relevant issue from inspection is the leak in the window.

Yes, it is entirely up to tenant to agree such date & time that they are happy with (or flatly refuse any date/time). If one is agreed save the overworked confused agent time and effort by preparing a helpful list of issues or repairs required, plus how long since you 1st informed poor overworked and ill-informed agent about each issue.: In your shoes I'd send it to agent and landlord. 

But remember thanks to Thatcher's 1988 Housing Act a landlord may evict a tenant for NO REASON AT ALL (s21..). And do you need a reference at some point in future.

Cheeky agent: He's probably charging landlord for doing it.

Good luck & best wishes to all.

Artful: Landlord since 2000.

la531983

Right of access at a tribunal? How long do they think it would actually take them to do that, if it's even a thing? 

sew_what

Just give them a date when it's convenient for you - if they can't come then, then that's their problem!

chickadee13

Thanks, all, for your comments. It's been resolved for the time being, but not before some slightly odd back-and-forth.

I suggested 'w/c 28th January' would be suitable, deliberately leaving the whole week open for them to choose a day they could manage. The admin woman came back and gave me a long spiel about how inspections had to be during working hours and as I hadn't rearranged it they'd go ahead and try to knock on the door on 4th Jan as planned. I was extremely confused, until after some more emails she said '28th is a Sunday and we're closed'. Well, I did enjoy (pettily, I know) pointing out that I said 'w/c 28th' and that actually I'd been more flexible, not less, as this meant 'week commencing'... (Probably would've been easier had I used the Monday as the start day, but still, I thought it was obvious I didn't mean Sunday itself.)

Anyway, now that's sorted it's been rearranged and so I suppose I won't have to face whatever tribunal they were talking about!

chickadee13

GrumpyDil said:

I'm sorry but I have to point out that the general tidyness or otherwise of the property during the tenancy really is none of the agent's business. They are there to carry out a general inspection and threatening to go for enforced access after one failed appointment that op has already discussed with them, particularly in relation to a tenancy that has continued for over 10 years is ridiculous.

Yes, it's this I find so stressful every time. They know I'm reliable and responsive and other than needing to rearrange appointments I don't make any trouble for them. I do understand what's needed on their side, but it becomes intrusive, especially with a stranger going into my bedroom and telling me my clean clothes aren't neatly enough put away. I'm a bit old for that!

YoungBlueEyes

I'm not a tenant/landlady/expert but - 

If someone said to me my clothes weren't put away tidily enough I'd be making a comment like - "shows what you know, big piles of soft clean clothes are perfect for having raucous sex on! Big grin. Wink" 

Whether being gobby would hasten a S21 is another matter though.