L's right of access for inspection or viewing?

[Lawcruncher]

If you take on an obligation in a contract you have to come up with a good reason to satisfy a court that it should not bind you. Good reasons include that doing what is required:

· is a criminal offence

· is contary to public policy

· is impossible

· is made void or unenforceable by statute or some common law rule

· is unenforceable under consumer law

· is such that to comply with the obligation would undermine the basic purpose of the contract

Of the above only the last comes anywhere near applying to an agreement to allow viewings. It is an essential requirement of a tenancy that the tenant has exclusive possession. However, that is not absolute. It comes down to a question of degree. It is implicit in any standard clause requiring the tenant to allow viewings that the right is exercised reasonably. A tenant's right to exclusive possession (and to quiet enjoyment and the like) is not affected by the reasonable exercise of the right.

[bekaykay]

Hello, my family and myself have recently moved in to a 12 month rental with a 6 month break clause, a crown tenancy agreement.
Unfortunately since we received the keys just under 2 weeks ago, we have had a dreadful time with the managing agents failing miserable to deal with various issue's at the property they are obligated and responsible for.
We almost certainly will now give notice at the 4 month stage,... my question is related to allowing the LL access,...... my question is, at what stage of the tenancy do you think it is reasonable to allow the managing agents access to our rental regarding viewings for potential future renters?,.... and at what frequency are we expected to be on hand at the house whilst viewings are taking place? My late Father collected antiques and various other items of high value which we display throughout the house,.. many of these objects are small and could easily be popped in to someones pocket without any notice. So basically we would insist on all viewings only taking place when we are in the house.

[Lawcruncher]

What does the relevant clause in the tenancy agreement say?

[theartfullodger]

bekaykay

As suggested in your thread...
http://www.landlordzone.co.uk/forums...arage-at-house

Think your best bet may be to 'phone Shelter, the housing charity, 0808 800 4444 regarding your rights with such a tenancy: You may need to stress it is a CROWN TENANCY AGREEMENT!
http://england.shelter.org.uk/get_ad...dvice_helpline

Have you, please??

The law on Crown tenancies is very different.. but the answer to lawcruncher's question would be very helpful

[PotatoHead]

Hello. I have read through quite a few pages of this thread, but not seen this question so apologies if it has been discussed.

On an agreed inspection, what is the legality of landlord/agent photographing inside the property? As in damage or where fixtures have been broken by tenant and not reported? Would taking photographs require tenant permission so as not to contravene 'quiet enjoyment'?

[theartfullodger]

Why on earth not politely & calmly ask tenant if it's OK?

And even if you see perceived damage what then? As long as when tenant leaves, as long as the place is returned, as-was, less fair wear 'n tear all is fine. Could be 12 years hence, who cares if a kitchen door knob has gone or not.


And photos of what? Damaged front door panel (can't see objection ..) but could have been damaged by passer-by. Or young lady's undergarment drawer with faulty runner. I, pensioner man, wouldn't dream of even asking to look, let alone photograph it.

[PotatoHead]

Thanks. Photos of an expensive door which is also a fire door but has been damaged to the extent it should be replaced to fulfil it's function.

[jjlandlord]

There is nothing wrong with taking picture of the property or of anything belonging to the landlord.

It is common for good agents to take pictures when carrying out an inspection and to produce a report for both tenant and landlord.

[JamesGreen]

Have a question for anybody who agrees with Lawruncher's view.

If my tenant is explicitly forbidding me entry via written letter and has changed the lock on the door(despite my A.S.T saying lock change not permitted), can I gain entry when they are not present with a locksmith and give them a new key once I have inspected the place?

Would I not be damaging their property when the locksmith drills through their lock?

[JamesGreen]

If it might have affected your decision to rent, the landlord should have made you aware of the possible sale.
She should certainly have made you aware of her wish to show people around.

However, you are under no obligation to let people into your home when it isn't convenient (or at all), unless its specifically mentioned in the tenancy agreement.
You are well within your rights to decline any viewings when you are not there.

What if you was to go on holiday for 2 months, are you also under no obligation to let them enter? seems this thread says otherwise.

[jpkeates]

Have a question for anybody who agrees with Lawruncher's view.

If my tenant is explicitly forbidding me entry via written letter and has changed the lock on the door(despite my A.S.T saying lock change not permitted), can I gain entry when they are not present with a locksmith and give them a new key once I have inspected the place?

Would I not be damaging their property when the locksmith drills through their lock?

If the tenant has explicitly forbidden you from entry, their right to exclude you is matched by your right to enter in certain circumstances.
You both have rights and you can use a court to enforce yours over theirs.
British Gas do it all the time to disconnect gas supplies, for example.

You can't (without possible consequence) take unilateral action, such as breaking in.
It's not possible to predict what would happen in real life if you did.
It's like speeding on a motorway, it's definitely not legal, but people get away with it.

If you change the locks (even if you try and give them a new key) that is a lot more like illegal eviction.

[Berlingogirl]

James Green - I'd serve a S21. I'd also like to say, and might well say, that in the past I have found that Ts who refuse access for inspection, gas cert etc, usually have something to hide such as sharing with those not entitled to live in the UK, drug dealers, cannabis growers etc, and whilst I am almost sure you have nothing to hide I hope you can understand my concerns. I do my best to be a good landlord and as such I would like to inspect the property. My insurance asks if I inspect the property and I would like to confirm that I have. The insurance might increase if I am unable to confirm this and the cost would be passed on to you should there be an increase in the premium. I would like to thank you in advance for your understanding and co-operation in allowing me (or my representative) access for a viewing.

[ram]

I think this thread should be closed, and any one wishing to ask about their individual and unique circumstances, should start a new thread.

NO WAY is a newcomer going to wade through almost 500 posts, with different O.P.'s asking questions relating to THEIR circumstances.
It's much easier to start a new thread that contains unique conditions to the question.
You may read recent answers that are totally different circumstances to the original INFORMATION and myriad of answers and questions started 6 years ago, and continued over 6 years . ( 08-03-2010 )

[jpkeates]

I agree entirely.

[JamesGreen]

jpkeates,

I have read multiple times that its likely that a court wont grant give me access just because I want to see inside.
I cannot use the gas as an excuse as my flat is fully electric.