My buy to let property is being used as a cannabis growing factory

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    #46
    Originally posted by Godffrey View Post
    >>Are there any landlords who have made inspections (while occupied) a condition of the tenancy? Is this even possible?
    It's a standard clause in every tenancy agreement I've ever seen. I'd be amazed if its not in yours. What model are you using?

    As well as being a contractual right in most cases, it's also a statutory right under S11 of the Housing Act 1985.

    How else would you meet all your statutory obligations?

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      #47
      DPT57 That is very interesting. So, the right to inspect is enshrined in an act. Thank heavens for that.

      In that case, the agreement with my estate agent looks to be a light regarding their responsibilities. That sounds about right. I've asked them for clarification. Thank you DPT57



      Edit: I take it you're referring to the following covenant, which I was aware of:

      "the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair."

      I thought their might be a more specific reference to inspections, but exercising the right to enter (with notice) can be employed for inspectons.

      Comment


        #48
        You only get a right to inspect for condition/repairs/renewals, not improvements and not viewings or valuations. You can include these in the contract, but they're probably unenforceable if the tenant declines access.

        Comment


          #49
          The right to inspect may be unenforcable but it sounds as if the criminals will look elsewhere if you keep on mentioning it in your advertsing. I will now put in messages that will deter such people.

          Comment


            #50
            Hi 👋
            Does anyone have experience or advise to share on renting to a diplomat?

            Many thanks

            Comment


              #51
              Originally posted by DPT57 View Post
              You only get a right to inspect for condition/repairs/renewals, not improvements and not viewings or valuations. You can include these in the contract, but they're probably unenforceable if the tenant declines access.
              The right to access for inspection doesn't actually extend to repairs and renewals.
              That there's no right to access for repairs is implicitly acknowledged in legislation because being unable to get access to do a repair is a defence to failing to meet a repair obligation.

              It probably does extend to valuations (because they are, generally speaking, a visit to "view[...] the[..] condition and state of repair" of a property.
              A viewing for a relet is more of a grey area, although it has, arguably, much the same purpose.
              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


                #52
                Originally posted by jpkeates View Post
                The right to access for inspection doesn't actually extend to repairs and renewals.
                Thanks for the correction
                Originally posted by jpkeates View Post
                It probably does extend to valuations (because they are, generally speaking, a visit to "view[...] the[..] condition and state of repair" of a property.
                A viewing for a relet is more of a grey area, although it has, arguably, much the same purpose.
                I thought there had been binding court cases rejecting those arguments?

                Comment


                  #53
                  Originally posted by DPT57 View Post
                  I thought there had been binding court cases rejecting those arguments?
                  If there have been, I am wrong.
                  I'm (clearly) not aware of them - and would be happy to be corrected.
                  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

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