Maintenance access home working tenants

[jpkeates]

I did consider whether it was the right thing to do.
The property is empty.

The solicitor’s advice seems either to be based on things we haven't been told or worthy of query.

[pebblepebble]

You have been told everything. I think solicitors err on the side of caution.

[jpkeates]

As they should.
Ideally, they should advise levels of risk and let their clients make decisions accordingly.

If the original tenants have moved out and the unknown occupants are no longer present, I'd retake possession.

The last set of occupants aren't in a position to do anything (practically not theoretically) and the tenants don't seem to be in the country.
There comes a point where caution is innappropriate.

And I know it's easy to say that from the safety of a keyboard far away!

[pebblepebble]

I would be more tempted to do that if they had not disappeared for 5 weeks last year, got my hopes up then reappeared. And I know they won't have cleared the place, the garden is full of stuff including kids bikes (no children there since June) and other stuff. I expect the house will be the same.

[jpkeates]

I would be more tempted to do that if they had not disappeared for 5 weeks last year, got my hopes up then reappeared.

But they have no right to be there (that you know of).

So they have no right to enforce against you if you, reasonably believing that they're no longer living there,retake possession.
Put their possessions into storage and see what happens.

If they've sublet the place from the previous tenants, they can enforce their right against them as their landlord and the tenants would then have to enforce a right of access for their subtenants, which, if I recall correctly, they don't have, because they're not allowed to sub let.

There's cautious and there's simply not doing anything at all.

[alex1]

I’m a tenant. I had a new consumer unit fitted last week off the back of an EICR inspection. I was asked to not be in the property while the work was carried out (and I wouldn’t have wanted to be anyway, due to COVID, noise, and the general inconvenience of not having electricity, in that order). So I took half a day off work at a mutually agreeable time (a couple of days after the contractor’s original requested timeslot). Of course, it’s illegal to go outside without a good reason so I basically had no choice but to do exercise. I went for a long walk.

But not every tenant is in my situation. I’m fortunate in that I had annual leave and could take it at relatively short notice. I live on my own so I don’t have to worry about anyone apart from myself (no children to homeschool etc.). I’m physically fit enough to walk around London for a few hours. The contractor was able to do other work in my building at the same time, which was felicitous. But not every tenant is going to be as fortunate as me.

[Morleyman]

Thanks for the replies so far so this will be for an electrical safety check EIRC, and also the electrician has suggested the consumer unit is updated. As it so happens he has managed to get this in for a weekend so problem solved now. However my tenant has stated they will be working from home permanently after COVID. I appreciate how may not be the best time for unnecessary work but my question was more of a what is a general attitude problem from the tenants. Going forwards after COVID if their employer has advised them they can work from home permanently that’s fine by me, but it in my view it shouldn’t have an impact on when I can carry out maintenance on my property.
The contract states I only have to give reasonable maintenance which I believe is only 24/48hours?? I would always give at least 2 weeks notice anyway, but I’m just looking to clarify for any future arguments as they can be quite stubborn. Being quite blunt I I am of the opinion that I never agreed to provide them a place of work and if any maintenance work will interfere with that it really shouldn’t be of my concern. Again I always bend over backwards to try and please the tenants and work around them what has rubbed my the wrong way about this is them confusing me asking for dates that work best for them in to thinking that I actually need their permission to do maintenance rather than just give notice.

[jpkeates]

If the tenant declines reasonable access to do work, generally your obligation to do the work is also set aside.

I'd (ideally) talk to the tenant or write to them confirming that you understand that they're working from home, but that doesn't mean that you can guarantee that work that needs doing on the property (and routine inspections and maintenance) won't affect their work day.
They're not being disadvantaged in this matter against any home owner who might be unable to work while there is now power or other people present in their home - other than the additional inspections and maintenance that landlords are legally required to do.

But it's not reasonable to expect work to be done only when it suits the tenant's work patterns and, if that's going to be unacceptable to them, given that neither of you expected you're happy to support them ending the tenancy when they've found somewhere that's more suitable for their new needs.

[DPT57]

the electrician has suggested the consumer unit is updated.

If its only a recommendation, ie a c3 fault, you don't have to comply with this immediately. You could wait until the tenant leaves.