My legal rights about an Inspection

[thegypsyking]

Hi all, I am a tenant who s on a Assured Shorthold Tenancy. The agreement is for 6 months, i have already made an upfront payment for 6 months. Its been couple of months since i moved. My landlord wants to inspect to the flat next week by surveyors, but without me being involved. He wrote me that due to COVID they can't have residents in the property at the time estate agent surveyor is onsite. He asked me to confirm the property will be vacant during inspection. I wrote to him and also we have talked on the phone i said okay no problem they can come the time you specified, but i need to be there, he replied on the phone that you can't be there. So basically, he wants to access the flat i rented when only i m not there. I want to be there when they inspect. Is it my legal right to attend to inspection? What are my rights?
I was searching on the web, and i found this place, if you spend time to reply for me i will be appreciated.
Kind Regards,

[theartfullodger]

Just thank him for his kind request, but no. I suggest in writing/email for the avoidance of doubt or confusion of the poor ignorant (literally, of his rights) landlord.



Change locks, keep old ones to change back when you leave.

There's a "sticky" near the top of this sub-forum that covers this question in huge detail. It outlines his rights, and yours, but what he's asking for (surveyors) ain't one of them, IMHO.

[jpkeates]

The landlord has a right, having given 24 hours written notice to enter the property or have someone else enter the property to view [the] “condition and state of repair”. It’s likely that a surveyor would fit that definition.

You have an equal right to refuse anyone access.

A court can rule over the conflicting rights, and, in practice, absent anything else, would probably grant the landlord the right to enter.

However, the landlord doesn’t have any right to add conditions, unless you agree to them, so they can’t insist you vacate the property to allow the access.

There’s not really anything to find about this, because what the landlord wants to do is probably sensible, but there’s no law to support them.

[landlord-man]

Allow the visit or prepare for an S21 to find somewhere else.

I would even state that you are more than happy.

BUT advise you will be there as you are uncomfortable allowing a stranger to have lone access

[royw]

What a cheek. I bet he wouldn't vacate his own home to allow a workman in unaccompanied. I certainly wouldn't.

[jpkeates]

To be honest, I'd open all the windows, let them in and wait outside.
Then wipe down the door handles when they'd gone.
It's Covid safe.

[Lawcruncher]

The landlord has a right, having given 24 hours written notice to enter the property or have someone else enter the property to view [the] “condition and state of repair”. It’s likely that a surveyor would fit that definition.

You have an equal right to refuse anyone access.

A court can rule over the conflicting rights, and, in practice, absent anything else, would probably grant the landlord the right to enter.

There is no conflict of rights here. It has been judicially confirmed that a tenant's right to exclusive possession is not absolute. A landlord has such rights of entry as are provided for in the terms of the tenancy so long as the rights are reasonable and exercised reasonably. Any right implied into the tenancy terms by statute has to be deemed to be reasonable.

As a matter of fact, a tenant can take steps to prevent the landlord from entering to exercise a right he is entitled to exercise, but the tenant has no right to take such steps. A landlord may not enter in circumstances which may lead to damage to property, injury to persons or a breach of the peace.

[QUOTE=jpkeates;n1178755]However, the landlord doesn’t have any right to add conditions, unless you agree to them, so they can’t insist you vacate the property to allow the access.

There’s not really anything to find about this, because what the landlord wants to do is probably sensible, but there’s no law to support them./QUOTE]

Agreed.

[jpkeates]

It has been judicially confirmed that a tenant's right to exclusive possession is not absolute. A landlord has such rights of entry as are provided for in the terms of the tenancy so long as the rights are reasonable and exercised reasonably. Any right implied into the tenancy terms by statute has to be deemed to be reasonable.

I'd be interested to see where that has been "judicially confirmed" - although I know we disagree on this and there's not a lot of merit in simply restating the same points.

I do accept that a right to inspect doesn't erase the tenant's right to exclusive possession - Bruton v London and Quadrant Housing Trust supports that, but the tenant's right to exclusive possession (and the law of trespass) does mean that even if a landlord has served the correct notice and the tenant declines to admit the landlord, the landlord can't enter - without getting a court order to allow that to happen. At the point of attempted entry, at the front door, the rights conflict. The landlord has a right to enter and the tenant has the right to refuse them entry.

[DPT57]

I dont really see the problem here. The landlord may be acting a bit dogmatically, but their request is basically reasonable. Landlords enter tenanted properties for inspection without the tenant present all the time. What are you concerned will happen?

[islandgirl]

I would not want someone in my home without me being there. I do not believe covid is a valid excuse. Wear masks. Distance. Simple.

[Lawcruncher]

I'd be interested to see where that has been "judicially confirmed"

"A tenant armed with exclusive possession can keep out strangers and keep out the landlord unless the landlord is exercising limited rights reserved to him by the tenancy agreement to enter and view and repair."

Street v Mountford

See also the views of Francis Davey (a barrister) in this blog: https://landlordlawblog.co.uk/2011/0...your-landlord/. "What I am keen to get across is that there is no *general* right to change locks and exclude the landlord. That is something one reads all the time and is plain wrong." That just about sums up his views and mine.

Another way to put is is this: The answer to the question "Does a landlord need the tenant's permission to enter and view and repair?" the answer is "Yes". However, and this is the crucial point, if the terms of the tenancy grant such a right of entry the tenant's permission has been given and the landlord does not need to seek it, only comply with the attached conditions.

[thegypsyking]

I dont really see the problem here. The landlord may be acting a bit dogmatically, but their request is basically reasonable. Landlords enter tenanted properties for inspection without the tenant present all the time. What are you concerned will happen?

I don't have any concerns, and i m not refusing any entry, i even say they can come even without notice, my doors are open to them anytime, the problem is they want to block my access to the flat for a specific time period. And this is 3 hours.

[theartfullodger]

Just say no to that specific, in writing/email, but that you'd be happy otherwise.

In your shoes I'd also request a copy of "surveyors" report into the condition of your home.

[thegypsyking]

Dear All,
I kindly thank you for answers, but i m not refusing any access to the flat here, They can even come without notice, my doors are open anytime. The thing is they want to pick a specific time period for the inspection, and this time period should be when i m not in the flat. And also this time period is 3 hours. Isn't being in the flat my legal right during inspection? They want to block my access to the flat s i have already paid. And this is 3 hours.

[theartfullodger]

Exactly, quite. Impasse, sounds like both parties won't agree.

I merely ask... will you ever need a reference from landlord?

Good luck