Landlord wants to inspect my flat with surveyor.

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    #31
    Let him have the times when you ARE available - saturday mornings, evenings after a certain time and make it clear you are not refusing the inspection but you wish to be there when it is carried out. I would do this in writing. Then sit back and see what happens (probably a section 21, but you never know)
    Unshackled by the chains of idle vanity, A modest manatee, that's me

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      #32
      Hi guys,

      I just want to let you know my problem is kind of resolved...

      I called LL yesterday and politely explained my point of view. He asked if I changed the lock. I said that I did and we agreed I will give him a key or I'll change the lock back.

      He wasn't screaming this time and the whole conversation was quite nice. We agreed that our past was totally fine. He proposed to forget everything what happened recently. He arranged the inspection at 10am on Wednesday so it's convenient for me.

      So... it looks like this was probably his bad day....

      Thank you for your advices.

      ps. excuse me my poor English

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        #33
        Originally posted by InBrainFaith View Post
        Hi guys,

        I just want to let you know my problem is kind of resolved...

        I called LL yesterday and politely explained my point of view. He asked if I changed the lock. I said that I did and we agreed I will give him a key or I'll change the lock back.

        He wasn't screaming this time and the whole conversation was quite nice. We agreed that our past was totally fine. He proposed to forget everything what happened recently. He arranged the inspection at 10am on Wednesday so it's convenient for me.

        So... it looks like this was probably his bad day....

        Thank you for your advices.

        ps. excuse me my poor English
        I am glad it is all sorted out and that you have made a fresh start with your LL.

        Your English is very good, by the way!
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #34
          I hope you will both continue to keep communications open and friendly.

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            #35
            well done - good news
            Unshackled by the chains of idle vanity, A modest manatee, that's me

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              #36
              The next few threads of this thread have been copied or moved to a new 'Take A Break' thread: http://www.landlordzone.co.uk/forums...ad.php?t=19177.

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                #37
                Yes you can refuse entry to the surveyor & landlord, but please bear in mind when suggesting a suitable alternative time to the landlord, that most surveyors will also be working 9-5 mon-friday so they will need a daytime appointment... This doesnt make it acceptable though to the landlord threatening to come in the property regardless.

                As for the protection of your deposit, this will depend on when your tenancy started - you mention that you have been living there for 2 years, so if your tenancy started before 6th April 2007 (i think thats the right date!), your landlord has no obligation to register and protect your bond deposit. If it is registered though, and he tries to charge you for the flooring you can raise a dispute. The landlord will need to provide evidence to whichever scheme is being used that you have caused damage - this is usually through an inventory signed by both parties at the start of the tenancy, and it is then used at the final exit inspection. If the landlord doesnt have an inventory, he is pretty much stuffed as 91% of tenancy depost disputes have so far been ruled in the favour of the tenant.

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                  #38
                  Originally posted by InBrainFaith View Post
                  OK I'm at home and I have agreement in front of me.

                  2.10 allow the Landlord or anyone with the Landlord's written permission to enter the Property at reasonable times of the day to inspect its condition and state of repair, carry out any necessary repairs and gas inspections, or during the last month of the Term, show the property to prospective new tenants, provided the Landlord has given reasonable prior notice (except in emergency).
                  Can someone explain to me why a court order is needed to enforce this clause? If T refuses to allow LL to carry out a necessary repair or gas inspection it could then put LL in breach of contract or T in danger if gas appliance malfunctions as a result of neglect (assuming no actual 'emergency'). Yes, LL could argue T refused access but if T was dead as a result then would court say, well, LL should have got a court order to get access?

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                    #39
                    Originally posted by westminster View Post
                    Can someone explain to me why a court order is needed to enforce this clause? If T refuses to allow LL to carry out a necessary repair or gas inspection it could then put LL in breach of contract or T in danger if gas appliance malfunctions as a result of neglect. Yes, LL could argue T refused access but if T was dead as a result then would court say, well, LL should have got a court order to get access?
                    T has statutory right to quiet enjoyment. If LL includes clauses in lease which require T to grant him access, T can refuse to comply unless LL applies for a court order.

                    Exceptions are when LL needs access in an emergency - i.e. when life or limb are at risk : fire, flood, gas leak, serious structural defect, etc. In such cases LL should try to contact T to gain permission to enter, but may enter if necessary to save life or property from serious damage.
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                      #40
                      Originally posted by mind the gap View Post
                      T has statutory right to quiet enjoyment. If LL includes clauses in lease which require T to grant him access, T can refuse to comply unless LL applies for a court order.

                      Exceptions are when LL needs access in an emergency - i.e. when life or limb are at risk : fire, flood, gas leak, serious structural defect, etc. In such cases LL should try to contact T to gain permission to enter, but may enter if necessary to save life or property from serious damage.
                      Okay but sometimes a situation can develop over time, then suddenly become an emergency.

                      I ask because I once had a radiator burst at a rental flat which completely flooded two rooms (fortunately during a void period). Turns out that it was caused by a small unnoticed patch of corrosion on the rad, which suddenly gave way. Let's say I'd had a tenant in occupation for several years who had not allowed me to make a proper inspection, and the flood had destroyed their expensive uninsured stereo and/or made the flat uninhabitable for a month - who, then, is responsible for cost of alternative accommodation and replacing stereo? Could T argue that LL was negligent or vice versa (i.e. T failed to notify LL of necessary repair?)

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                        #41
                        Originally posted by westminster View Post
                        Okay but sometimes a situation can develop over time, then suddenly become an emergency.

                        I ask because I once had a radiator burst at a rental flat which completely flooded two rooms (fortunately during a void period). Turns out that it was caused by a small unnoticed patch of corrosion on the rad, which suddenly gave way. Let's say I'd had a tenant in occupation for several years who had not allowed me to make a proper inspection, and the flood had destroyed their expensive uninsured stereo and/or made the flat uninhabitable for a month - who, then, is responsible for cost of alternative accommodation and replacing stereo? Could T argue that LL was negligent or vice versa (i.e. T failed to notify LL of necessary repair?)
                        In that situation, if LL can demonstrate that T refused access for inspections/maintenance/repairs, then L cannot be held liable. To do this LL needs to keep a written record of attempts made to gain consent for access and T's refusal to allow.

                        Presumably LL's building insurance would cover cost of any damage to LL's property.

                        To be honest, I doubt the average LL would notice a small corroded patch on a radiator before it started to leak, anyway, but I know what you mean.
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                          #42
                          Originally posted by mind the gap View Post
                          T

                          Exceptions are when LL needs access in an emergency - i.e. when life or limb are at risk : fire,
                          I could never understand why a landlord would need access during a fire
                          Dial 999 For a Landlord

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                            #43
                            Originally posted by Krispy View Post
                            I could never understand why a landlord would need access during a fire
                            There are fires and fires!
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                              #44
                              Originally posted by mind the gap View Post
                              In that situation, if LL can demonstrate that T refused access for inspections/maintenance/repairs, then L cannot be held liable. To do this LL needs to keep a written record of attempts made to gain consent for access and T's refusal to allow.

                              Presumably LL's building insurance would cover cost of any damage to LL's property.

                              To be honest, I doubt the average LL would notice a small corroded patch on a radiator before it started to leak, anyway, but I know what you mean.
                              Thanks for that. I've never actually had anyone refuse access and hardly ever asked to inspect anyway, but always thought that such a clause in the TA meant I could insist if I wanted. Helpful to know that's not the case.

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                                #45
                                Originally posted by Krispy View Post
                                I could never understand why a landlord would need access during a fire
                                yes, they might well end up, er....................Krispy.

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