Access rights - regulated tenancy

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    Access rights - regulated tenancy

    This is kind of a theoretical question, but based on a real working example I came across today.

    I have a handful of Regulated Tenancies on my books; they were part of the portfolio of managed properties I bought when I took this business over.

    A tenant in one of them is refusing access for us to carry out a property inspection, her words were "you don't need to do inspections here, I've lived here for 80 years and everything's fine. I'm not going to let you or the landlord in. I'll report promptly anything which you need to be aware of but my family have always taken care of most of the maintenance."

    There is no written tenancy but it is established that she has been the tenant of the property since the 1940s (she was born in the house some 80 years ago) so she has a Regulated Tenancy.

    The landlord is pretty relaxed about it, the (low) rent is paid consistently and he has had virtually no expenditure on maintenance in the last 10 years. My predecessor in this business says he did manage to get in a bout 5 years ago and the house was fine. Dated, but clean and tidy.

    So it's kind of moot, because the landlord isn't bothered about us going in, but what if he was?

    I can't imply the threat of notice if she doesn't cooperate and she knows it. There's no written tenancy but there's an implied right to quiet enjoyment on the tenant's part. Is there an implied right for the landlord to enter the premises for inspections? I appreciate that he'd probably going to have to go to court to get some kind of order allowing him in, but would this work?

    Like I said, moot at the moment, although with mandatory electrical inspections looking likely to get rubber-stamped for later this year this may become an actual problem (if she refused to let an electrician in).

    #2
    I think the provisions of the Rent Act still apply, so "It shall be a condition of a protected tenancy of a dwelling-house that the tenant shall afford to the landlord access to the dwelling-house and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute."

    And on that basis, you should be able to get a court order.

    And even if it doesn't, if the law requires that a landlord carries out an electrical inspection, a court should give an order to enable them to do that, on the basis that it's necessary and doesn't disadvantage the tenant to a degree that it wouldn't be equitable to grant the order.

    A practical issue is that its likely that a property that's been maintained by family for 80 years is unlikely to meet the 2018 electrical regulations - a number of my much newer properties won't, so access is going to be an issue, because the electrical certificate will be needed for this tenancy after 1st April 2021.
    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).

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      #3
      Thanks for the information on access rights and potentially getting a court order if we needed to.

      Originally posted by jpkeates View Post
      A practical issue is that its likely that a property that's been maintained by family for 80 years is unlikely to meet the 2018 electrical regulations - a number of my much newer properties won't, so access is going to be an issue, because the electrical certificate will be needed for this tenancy after 1st April 2021.
      Tell me about it!

      I have a few Rent Act tenancies where this is going to be a problem. Not so much the access with most of them, but how practical it's going to be to re-wire a house with an elderly tenant living there.

      Who'd be an agent, or a landlord for that matter?

      Comment

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