What constitutes a H&S issue?

[pebblepebble]

Neighbours have told me that the people living in my property have moved out. I met the agent there today and we went and did a management inspection.

From the amount of post still on the floor (including the agents letter notifying them of the inspection) they have been gone a while.

The place was as bad as I imagined it would be, an absolute filthy mess. Rotting food was left on plates at the dining table along with dirty cutlery - you get the picture.

Anyway there was a leak in the conservatory roof and the water was starting to lift the laminate floor. The solicitor working on the eviction suggested that in the absence of getting permission to do the repair work, we could give 24 hours notice and then go in under health and safety grounds. Would a leak be a health and safety issue? I really don't want to be accused of anything but to wait until they are actually evicted by the courts will mean the floor will be ruined - if it's not already. I don't have the first hearing until the second week of January.

#fingerscrossedtheyreallyhavegone

[Jon66]

A leaking roof constitutes an emergency. You should give the 24 hours notice and then enter to do the repair. Take photos of the leak as evidence.

No disrespect but it never ceases to amaze me that people pay a legal professional for advice and then ask complete strangers for their opinion. Your solicitor has insurance . . ..

[pebblepebble]

Unfortunately I didn’t get to speak to him as I could have cleared it up then, his email reply made me think it wasn’t 100% positive I could do it. It’s probably the way I’m interpreting it but he’s off for 10 days I can’t phone him to clarify.

[Jon66]

Unfortunately I didn’t get to speak to him as I could have cleared it up then, his email reply made me think it wasn’t 100% positive I could do it. It’s probably the way I’m interpreting it but he’s off for 10 days I can’t phone him to clarify.

Ah, apologies.

[AndrewDod]

No disrespect but it never ceases to amaze me that people pay a legal professional for advice and then ask complete strangers for their opinion. Your solicitor has insurance . . ..

In general correct -- although it depends what that "legal professional advice was". Solicitors who are not specialists and who don't spend all their time on L&T law will know much much less than the bulk of "complete strangers" here.

In any case the advice the solicitor gave seems to have been misleading -- the 24 hours notice and then entry does NOT require a H&S issue (or any urgent issue in rationale). But that helps.

[theartfullodger]

The judge at the hearing will decide if it was a H&S issue or emergency. (eg harrasseemnt ..). Not us lot suspect

[jpkeates]

If the issue is an emergency, a landlord has the right to access the property immediately.
There is nothing definite about what constitutes an emergency.

The implied right to access with 24 hours notice is not to do anything other than inspect the condition of the property.

Any other right of access will depend on the wording of the tenancy agreement.

[Dan_Manchester]

Just crack on. Get it repaired, get it cleaned up and get it relet. They have surrendered their lease, you have accepted it.

Well that’s what I would do but I might well find myself in hot water when Tenant returns are being stuck self isolating in another country! ;-)

[AndrewDod]

Well tenants are currently encouraged to be crooks and criminals. The way this ends up is that landlords do the same. The way civilization and the rule of law ends. So invent a series of surrender correspondences and crack on.................

[Dan_Manchester]

Agreed, there must be some common sense applied IMO. If it’s clear they have gone what is the chance of them returning to a trashed place...

[jpucng62]

Isn't it a sorry state when LLs have to tread so carefully to avoid squishing the rights of people who take no such care of someone else's property?

It really is time for a levelling of the playing field.

[DPT57]

If you are going to assume implied surrender then make sure you gather and keep as much evidence as possible, including photos.

[jpkeates]

Given the circumstances, I would simply repossess the property and start making it safe.
The chances of anyone claiming illegal eviction seem remote, and, as long as you genuinely believe they've gone, you could defend it anyway.