Tenant rights - Not able to enjoy property without disturbance

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenant rights - Not able to enjoy property without disturbance

    Looking for any advice on the following.

    Having handed in notice on the flat I have been renting for the last 5 years and my landlord is now stating that he wants to carry out building/maintenance/ repair work in the property before I vacate.

    The following work has been stipulated, non of which are urgent:
    *Vents installed to living room/bedroom chimney breasts
    *New Loft insulation
    *New fan installation in bathroom/hallway/kitchen
    *Damp proofing in all rooms
    *Redecorating

    I am on a standard tenancy (shorthold assured) and have communicated the need for some of the repairs over the course of the last 5 years, yet there has been little urgency on their part to act.

    He has communicated that he is on holiday for much of this month so needs to get the work done asap. He has also stated that he doesn't want there to be a period where the property is unoccupied so needs to get the work done now in order for new tenants to move in the day after I leave.

    I have communicated the level of disruption and inconvenience this work will cause in the 2 weeks I have left in the property, particular as I have started packing but he is not willing to be reasonable.

    As a tenant, what rights do I have to be able to enjoy the property for the remainder of my time without any disturbances or inconvenience?

    #2
    You have the right to refuse all access if you so choose... You have the right to change the lock (keep the original and change it back on your last day).

    What is in the contract?

    Sounds like the LL has found new tenants, formed an agreement with no void/gap... Dangerous thing to do (for him) as he cannot guarantee you will vacate. I assume you have a new property lined up already?

    Comment


      #3
      Unless the tenancy agreement says that you have to grant access for such work, the landlord has a general right of access to carry out work which is entirely balanced by your right to exclude them any entry at all.
      None of the proposed work affects safety or is an emergency.

      The landlord's holiday is completely their affair and doesn't change the legal position.
      And telling you that you have to be inconvenienced to allow them to have their holiday and reduce the period they're not receiving rent is a bit of a daft move.

      The landlord doesn't have to be reasonable, but they would have to get a court order to compel you to allow them access if you don't want to allow it.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Some of those will not disturb eg loft insulation should be a 1 hour job, but damp proofing and decorating will be onerous.

        Why not offer him access for the ones that are convenient for you if he rebates £xx of the rent?

        ML
        Refer Mad Regulators to Arkell vs Pressdram.

        Comment


          #5
          Thank you all for the advice / feedback.
          No rebate offered or will be offered.
          He has also allowed me to have a dog on premises for the last 2.5 years and understands that I work full time.

          He has given me 4 days notice that work is to go ahead and that I need to put the dog in kennels so not to inconvenience them but again, and not prepared to pay for the inconvenience this is going to cause.

          I would have allowed the more non-intrusive work to go ahead and been flexible but it's the way this has all been approached, demanding that this work go ahead as it interferes otherwise with his plans and finances.

          I have 3 weeks until I move out with only weekends available to pack - he is also asking that I clear much of the space for the work to get done which would require moving a lot of boxes and possessions for only his benefit and not mine.

          The contract only states the following on cause 2.11
          To allow the landlord or anyone with the landlords written permission to enter the property at reasonable times of the day to inspect its conditions and state of repair, carry out any necessary repairs and gas inspections, and during the last month of the term, show the property to prospective new tenants, provided the landlord has given at least 24 hours notice prior written notice (except in emergency).

          It does states as part of the landlords obligations in section 3 of the T&C of contract:

          The landlord agrees that the tenant may live in the property without unreasonable interruption from the landlord or any persons rightfully claiming under the trust for the landlord.

          I think they issue here is what is deemed 'reasonable'.

          Again, much of this work has been outstanding over the period of 5 years. It is only now a pressing matter for his convenience and benefit and at the cost, inconvenience and stress of myself.

          I will speaking to Citizens advice bureau later today to get further advice.

          Comment


            #6
            Originally posted by sam_cat View Post
            Sounds like the LL has found new tenants, formed an agreement with no void/gap... Dangerous thing to do (for him) as he cannot guarantee you will vacate. I assume you have a new property lined up already?
            I don't think he has - he gives the impression that he is rushing everything to find prospective tenants so he isn't burdened with the cost of the mortgage should the property be vacant for a time.

            I don't feel like this is my concern, particularly as he's just come back off holiday and is about to go on another.
            I have paid my rent and have 3 week til tenancy ends and won't benefit from any of the work that is to be undertaken.

            Comment


              #7
              Originally posted by midlandslandlord View Post
              Some of those will not disturb eg loft insulation should be a 1 hour job, but damp proofing and decorating will be onerous.

              Why not offer him access for the ones that are convenient for you if he rebates £xx of the rent?

              ML
              He says he can't fully determine how long the work is going to take as it initially went from 1 day to potentially 4 or more.
              He has no clue and also when queried about how we would monitor the condition of the flat now to after the builders have been, he had no response. Any damages to the property and that would come out of my deposit.

              Also, any potential damage to my possessions, he wouldn't pay for that either.

              Comment


                #8
                Just say no! When notice has been given, all the tenants I have had, have denied access for viewings..... Change the locks and replace on departure.

                Comment


                  #9
                  Landlord Name

                  Having had time to reflect, I have concluded that the work you are proposing is significantly inconvenient to me (particularly because you wish me to kennel my dog) and I therefore wish to confirm that I do not wish you to carry out the work while I am living here. Consequently, I am not prepared to allow you access to carry it out.

                  I am sorry because I appreciate this is inconvenient for you, but this is currently my home and I wish to continue to enjoy my quiet enjoyment of it while I prepare to move out.

                  [Were I not moving out on xx xx xxxx, I would obviously have been more flexible, but as you did not see fit to do the work earlier when I requested it, that is mostly the result of your own choices. - maybe leave this bit out].

                  I hope you have a great holiday

                  Phyristha.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment

                  Latest Activity

                  Collapse

                  • Reply to Smoking tenant
                    by Hudson01
                    I can only echo the above comments, you have done what you need too, although to be honest i would have taken this action years ago, if you have never liked all the smoke then why put up with it for so long...... I would be very unhappy about all the smoke but i would seriously consider selling both...
                    13-05-2021, 19:42 PM
                  • Smoking tenant
                    by renting25
                    Please can you offer us advice as to whether there is any action that can be taken to stop a very serious situation of anti social behaviour.My wife and myself own 2 maisonettes a upstairs owned by me that we both live in and a downstairs that is owned by my wife and she has rented the property out...
                    13-05-2021, 17:17 PM
                  • Reply to Early change of Landlord
                    by theartfullodger
                    Sympathy! Don't forget to advise tenants to pursue the agent's complaints process and when that process fails - (I can foresee the future) - to use the lettings agent redress scheme. See here advice from Mssrs Shelter..
                    https://england.shelter.org.uk/housi...edress_schemes

                    Good luck:...
                    13-05-2021, 19:34 PM
                  • Early change of Landlord
                    by islandgirl
                    Would be grateful for thoughts on this. Daughter signed student tenancy for next academic year on Monday this week. LL shown as an individual with the same name as the letting agency. Yesterday she was told that the LL wishes to self manage and to change her standing order payment to an investment company...
                    13-05-2021, 09:52 AM
                  • Reply to Smoking tenant
                    by Jon66
                    Yes I agree with the above. Make sure you have complied with statutory requirements to ensure any s21 is valid.
                    13-05-2021, 18:59 PM
                  • Unreasonably Withholding Consent on Internal Layout Change
                    by wabdiddly
                    Dear All,

                    Looking for an opinion and some legal views behind what I can do in the following situation.

                    My top floor flat has rather wonky flooring, which the structural engineer's report described as "in poor condition and needs levelling to provide satisfactory living...
                    13-05-2021, 18:28 PM
                  • Reply to Smoking tenant
                    by ash72
                    You have been provided the advice by your legal council, if you want them out seek possession of the property (do it before S21 is removed), you need to now moved to the next stage which is put in an application for possession, then finally bailiffs. I would also stop complaining to the T's it is harassment,...
                    13-05-2021, 17:44 PM
                  • Reply to New landlord needs some advice
                    by DPT57
                    She wouldn't be able to rent it straight away anyway if you carry out referencing, (which you should), as this takes a few days. I get people to complete an application form too. A lot of prospective tenants are flaky on OR. Some promise to call you and you never hear from them again, even if you try...
                    13-05-2021, 17:38 PM
                  • New landlord needs some advice
                    by wenqi
                    Hi, I am just a new landlord who is renting our first property using openrent. I do need some advice from you.

                    We had a very lovely lady to view our house. She looked love our property and wanted to take it straight away. Because she came alone (her partner was working), my husband advised...
                    12-05-2021, 19:56 PM
                  • Reply to 'Replacement tenancy' issue
                    by berliner
                    "If the new tenancy is for a lesser rent, the tenant will remain liable to pay an amount equal to the difference between the original rent and new lower rental figure up to the end of the original fixed term."

                    I read in a similar post that such a clause might not be enforceab...
                    13-05-2021, 17:38 PM
                  Working...
                  X