L's right of access for inspection or viewing?

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    Originally posted by CWattana View Post
    Could I have insisted on the inspection. The Agent just accepted the tenants excuses.
    On a practical level, no agent in their right mind is going to enter a property over the refusal of a tenant to let them in.

    What someone could do is tactically not get the tenant's cancellation and knock on the door.
    The tenant might be there and refuse entry, but if someone completely different answered, there might be something that could be done.

    But I wouldn't expect an agent to bend the rules like that.

    And was there any issue as a result of the subletting?
    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


      Our agents inspected yesterday and weren't happy. The landlord has now issued an s21 (we kind of felt this was coming at the end of the tenancy in two months) so not disputing it. However yesterdays inspection we were informed if via email but the landlord couldn't attend so the agent rearranged via email for 18th. As we were under the impression that yesterday wasnt happening is it worth a complaint? Technically they breached the 24hr rules as far as I am concerned. Would we gain anything as the new date agreed would have not left them enough time to serve s21 before new tenancy agreement

      Comment


        Hi,

        Newbie here. This may be an entirely silly question and apologies if so: if I ask my tenant when might be a good time to view the property and they respond back with saying the same day is fine (i.e. less than 24 hours), am I still allowed to go and visit the property or can they hold it against me/is it illegal? All the correspondence was by email and touchwood I seem to have a good working relationship with this tenant.

        TIA!

        Comment


          Yes, that's fine.

          The law in this area is there to provide a framework if you and your tenant are unable to agree.
          You can agree things outside the legal minimums.
          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


            Indeed: There's nothing unlawful about knocking politely on the front door at a reasonable time & asking calmly if you can come in & have a picnic in the sitting room, right away (or whatever else reason..). But not recommended.
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              Lol. Thanks both. He himself suggested I come and view the property the same evening (I emailed in the morning), but I went down the safe route and viewed the property the following evening. But good to know for the future. :-)

              Comment


                Hi. I tried to read the entire post for an answer, but please could someone advise (probably again) on whether all tenants in a joint AST tenancy have to given permission for landlord to access? What if 3 do and 1 doesn't? Or if one person gives permission and copies all others on the email or whatsapp group chat - can that be assumed permission from all? thanks in advance.
                assume everything I write is preceded by IMHO...

                Comment


                  My basic point is that if the terms of the tenancy include an obligation to allow entry consent has already been given. If the landlord turns up and one of the tenants lets him in he does not need any other tenants, whether present or not, to confirm they are happy for him to be there. If one strongly objects the landlord is wise to withdraw to avoid a breach of the peace.

                  Comment


                    Thank you.

                    On another note, I live far away from my property and there are parking restrictions during weekdays, plus I work/have school runs etc so difficult for me to attend repair appts during the week. I have service contracts on the boiler, plumbing & electrics but engineers will only come on weekdays and must have someone present. Is it legal to specifiy in a contract that tenants would need to be present for such service contract visits and indeed other repairs? Can I also specify that if landlord is required to attend, such repairs will need to take place on a weekend?

                    I ask because my current tenants would not stay home from work and did not want any unsupervised visits. This might be different for future tenants given the "new normal" of working from home, but I just wanted to get it into contract so that there are no misunderstandings later. They could decline the tenancy if this didn't work for them.
                    assume everything I write is preceded by IMHO...

                    Comment


                      You want to be thinking about such additional clauses.

                      I think you have to put it to the tenant that if he wants work done he has a choice of the workmen being unsupervised or supervising the work himself or getting someone he trusts to. If he was an owner-occupier that would be his choice and there is no good reason why it should be different for a tenant.

                      Comment


                        Originally posted by Lawcruncher View Post
                        You want to be thinking about such additional clauses.
                        sorry do you mean I should put suitable clauses into contract?
                        assume everything I write is preceded by IMHO...

                        Comment


                          Originally posted by shoobydoo View Post

                          sorry do you mean I should put suitable clauses into contract?
                          Oops! Mental aberration. Sometimes my fingers rush ahead of my brain. I meant:

                          You do not want to be thinking about such additional clauses.

                          Comment


                            Any reason why? Would such clauses be unlawful or unreasonable? I did take your suggested approach before but generally got "you are the landlord, it is your responsibility to fix it." and "No we do not want anyone else to have a key" or "please provide a company profile and references for the company you are planning to give key to and then we will decide if they can have a key" and of course, "You (landlord) will be liable for any damage or loss to tenant's items if workmen are left unsupervised".
                            assume everything I write is preceded by IMHO...

                            Comment


                              Originally posted by shoobydoo View Post
                              Any reason why? Would such clauses be unlawful or unreasonable?
                              I just thing they would be unworkable.

                              You have to be firm with the tenants. If works are required over a few days it is quite unreasonable for the tenants to insist that you supervise them. Within reason tenants need to be treated as owner-occupiers and that extends to having to do things like being around to let workmen in or arranging for someone else to.

                              I have never heard of an owner-occupier asking a plumber to provide references before they let him in.

                              Comment


                                A landlord cannot enter a property without the tenant’s consent. If the tenant refuses to allow access then the landlord has recourse through the proper channels to apply for a right to enter. It’s as simple as that.

                                Comment

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