Tenancy inspection - more than one inspector?

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  • DPT57
    replied
    OK, yes, good point about exclusive possession which I hadn't considered.

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  • jpkeates
    replied
    They have a specific right to refuse - not based on quiet enjoyment, but on exclusive use and right to exclude anyone, which is another implicit element of a tenancy.

    But the tenant's right to refuse doesn't overcome the landlord's right to inspect.
    It's just that there's no practical way outside a court to resolve the conflicting rights.

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  • DPT57
    replied
    Originally posted by theartfullodger View Post

    Yes tenant does: See this VERY long discussion on the matter on a usually helpful site...
    I don't believe they have any general right to refuse. They can prevent or decline access and it would be unwise for the landlord to press ahead under these circumstances. They also have a right to quiet enjoyment, but a landlords right to inspection won't conflict with this in normal circumstances. There will no doubt be exceptions from time to time, but its not a right the tenant has.

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  • theartfullodger
    replied
    Originally posted by DPT57 View Post
    Incidentally, you don't have a right to refuse the inspection. ....................
    Yes tenant does: See this VERY long discussion on the matter on a usually helpful site...


    https://forums.landlordzone.co.uk/fo...ion-or-viewing

    One simple example: Tenant works night shift, sleep 10:00am to 18:00. Landlord gives notice of inspection at 13:30 (usually Ok for most people..). Tenant has a perfect right to refuse. (See the act granting the right to inspection..)

    see also
    https://england.shelter.org.uk/housi...ur_rented_home

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  • DPT57
    replied
    Or any leak you hadn't noticed that ends up causing damage.... As jpkeates implies, you don't need to specify in a contract that you can sue for your losses if its breached. This is inherent to contract law.

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  • jpkeates
    replied
    Originally posted by templar018080 View Post
    Indeed, the contact makes a provision to allow inspections, however, does not specify that the landlord may sue for financial compensation in the event that I refuse one. Would a landlord be brave enough to even insert a clause for monetary compensation or even attempt to sue given the Tenant Fee Act 2019 and prohibited payments?
    The Tenant Fees Act doesn't impact a landlord (or tenant) being able to sue for compensation for a loss.

    I'm not sure what loss the landlord might incur if the tenant did decline an inspection, but, for example, if the landlord had paid for someone to inspect the property and the tenant didn't allow it, any fee from the person or company for that inspection would be a loss.

    The right to inspect isn't just part of your tenancy agreement, where there is a maintenance obligation in a tenancy it's a right created by Section 11 of the Landlord and Tenant Act 1985.

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  • templar018080
    replied
    Indeed, the contact makes a provision to allow inspections, however, does not specify that the landlord may sue for financial compensation in the event that I refuse one. Would a landlord be brave enough to even insert a clause for monetary compensation or even attempt to sue given the Tenant Fee Act 2019 and prohibited payments?

    Leave a comment:


  • DPT57
    replied
    Incidentally, you don't have a right to refuse the inspection. It a landlords legal right under s11 HA1985 and probably a contractual right under the tenancy agreement you signed. If you refuse or prevent access a landlord could sue you for compensation.

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  • templar018080
    replied
    Thanks,
    I'll allow the inspection to proceed with both agent and landlord and request that they take COVID precautions, masks etc.

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  • boletus
    replied
    Originally posted by mokka View Post

    Won’t care if buying property
    The OP isn't buying a property and doesn't sound like a tw*t.

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  • jpucng62
    replied
    As a LL who uses a letting agent, I like to look around my properties occasionally in order to ascertain whether I need to be doing anything - I find my views and the agent's often differ! There is no reason to be particularly alarmed by this - I would see it as an opportunity to raise any issues with the LL & show him how well you keep the property.

    I would ask them to wear masks and to avoid touching surfaces where possible if you are concerned about covid.

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  • mokka
    replied
    Originally posted by boletus View Post

    Say goodbye to your amicable relationship...
    Won’t care if buying property as I did

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  • ash72
    replied
    It may be that the LL is making sure the LA is doing their job with their property, rather than checking up on you. Is there any reason you don't want both of them looking at the same time, I would have thought it was more efficient then each come separately.

    You just need to ensure you have your precautions, ventilate the rooms, wipe surfaces down, and ensure they wear marks and sanitize hands.

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  • templar018080
    replied
    Thanks very much.
    Relevant country is England.

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  • boletus
    replied
    Originally posted by theartfullodger View Post
    https://www.legislation.gov.uk/ukpga/1985/70/section/11

    Make it easy for agent/landlord by providing a list of issues needing fixing when they walk through the door. I'm sure they'll appreciate the help..

    Anything other than inspection (eg survey, valuation, photos, complaints about you keeping coal in bath..) are to be refused...
    Say goodbye to your amicable relationship...

    Leave a comment:

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