Inspection after S21 Notice and prior to Possession Order

DevilDamo

My friend’s landlord has served them with a Section 21 Notice. Two months have now passed and unfortunately, they have not been able to secure alternative accommodation. They have therefore written to the landlord stating they will be exercising their rights to remain in the property and that they will need a Possession Order to take back the property.

Their landlord has not yet served them with any paperwork but has given 48 hours notice to carry out an inspection. Normally, my friend would be ok with it but as they are currently exercising their rights to remain, they would rather not have them enter the property which could cause them issues.

Are they right to deny access until a Possession Order has been served? The Council are aware of my friend’s situation and will be looking to step in if/when he is formally evicted.

Myci85

Why would an inspection cause problems? Until a court orders them to leave, the tenancy continues as it has always done, so if they would normally have allowed inspections, why change that now?

Ms_Chocaholic

What is your friend worried about? Will they be there during the inspection? Are they concerned the landlord will try to remove them by force?

DevilDamo

Thank you both.

The landlord obviously assumed they’d have the property back after the S21 expires. Now that isn’t the case, it’s going to cost the landlord time and money in order to obtain and serve a Possession Order. So that in itself is something worrying my friend, in so much they could become difficult and even threatening while in the property.

There is no reason for the landlord to inspect. There are no health or safety issues. The landlord is looking to gut the property, refurb and sell it and only once they have possession. 

Myci85

If your friend is worried about the landlord being threatening during an inspection, it might make sense for them to not be present for the inspection. Or ask a friend to be there with them for moral support. 

Yes the landlord may have naively assumed the S21 would be enough to get vacant possession, but that's not your friend's issue. It may be that the landlord just wants to get an up to date idea of the condition of the property so they can start planning what work will need doing once your friend leaves. Providing they're giving the required notice before the inspection, I can't see your friend has a valid reason to refuse. 

_Penny_Dreadful

DevilDamo said:

Thank you both.

The landlord obviously assumed they’d have the property back after the S21 expires. Now that isn’t the case, it’s going to cost the landlord time and money in order to obtain and serve a Possession Order. So that in itself is something worrying my friend, in so much they could become difficult and even threatening while in the property.

There is no reason for the landlord to inspect. There are no health or safety issues. The landlord is looking to gut the property, refurb and sell it and only once they have possession. 

It’s going to cost your friend money as the landlord can have the court costs passed on to your friend. 

Presumably there’s a clause in the tenancy agreement allowing access for inspections. There doesn’t need to be a health or safety issue for the landlord to conduct a routine inspection. When did the landlord last inspect the property? 

Ref44

If the landlord is naive, has your friend checked to see that all the requirements needed to issue a valid S21 notice have been met?

owls1867

The inspection and possession are two completely separate issues - so should be treated as such. 

The landlord has indeed the right to inspect the property within 24 hours (possibly 48 (check tenancy agreement) notice being given and access should not be duly withheld. An inspection is not necessarily just about H&S - it will be about lifestyle / damages and anything that needs attention.

pinkshoes

DevilDamo said:

Thank you both.
The landlord obviously assumed they’d have the property back after the S21 expires. Now that isn’t the case, it’s going to cost the landlord time and money in order to obtain and serve a Possession Order. So that in itself is something worrying my friend, in so much they could become difficult and even threatening while in the property.

There is no reason for the landlord to inspect. There are no health or safety issues. The landlord is looking to gut the property, refurb and sell it and only once they have possession. 

It won't cost the landlord. The tenant will be responsible and billed for all eviction court/bailiff costs.

Just let them inspect and have a friend there too. Have a camera running if you think they might be threatening.

As your friend wants a court eviction then I assume they're after social housing?

Why don't they just speak nicely to the LL and explain their predicament? Tea and cake...

noitsnotme

How long have they been there?  Would not getting a decent reference from the landlord make it harder for them to rent the next property?