L's right of access for inspection or viewing?

Collapse
This topic is closed.
X
This is a sticky topic.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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


                                Originally posted by Lawcruncher View Post
                                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
                                On the contrary, if the works are not an absolute emergency, there is no reason why the tenant can't insist they should be there. Indeed, most reasonable landlords would welcome it! Here's why:

                                Landlord took it upon himself to do an unannounced property check and let himself in without notice. Tenant was in but in a state of undress/sexual congress with partner. The tenant refused to pay 3 months rent by way of penalty for loss of privacy and told the landlord to get stuffed for his rent because of that breach of the tenancy. Now, granted that's an aggravating factor not applicable to what you have said, but the landlord then went on to do what you suggest is okay:

                                Several months later, the landlord let himself in with workman to check/replace the electricity meter. They did the necessary work and left. The tenant contended that PC parts that had been left on desk had ceased to work due to electro-static discharge, and refused to pay an additional 3 months rent so those parts could be replaced (at the landlords expense).

                                The landlord took exception, and took the tenant to court for eviction/rent arrears. Landlord lost, and the court said the tenant had reasonably withheld 3 months worth of rent in damages (albeit that the tenant should have claimed those damages differently in county court) and then agreed with the additional 3 months for PC damages, and then went on to award an additional £1,500 to cover tenants removal costs/court fees etc. as the tenant no longer wanted to live there regardless. Total cost to the landlord was well over £4,000 and that was 20 years ago!

                                And all because the landlord felt he had a right to do what he liked to his property. What he failed to realise, and what the judge explained; the landlord gives up all and any the right to access the property for the duration of the rental agreement (save for absolute emergencies), and gains an income. The tenant loses an equal sum of his income but gains the property. If either party breaks that arrangement without consent, penalties are due.

                                That landlord learned an expensive lesson! Don't be like him! If the tenant is absent, and has requested that they be there when someone else is in their home, you only have yourself to blame when they allege that their property ceased working whilst you were there and they weren't, and you were there against their explicit wishes!

                                Comment

                                Latest Activity

                                Collapse

                                • Reply to Can I claim rent reduction due to building noise and landlord’s misrepresentation ??
                                  by jpkeates
                                  You have rights under consumer law if there were things that would have led you (or any reasonable person) to make a different purchasing decision that you were not advised of.
                                  It's called a misleading omission.
                                  The legislation that covers it is Consumer Protection from Unfair Trading Regulations...
                                  07-07-2022, 13:52 PM
                                • Can I claim rent reduction due to building noise and landlord’s misrepresentation ??
                                  by A.Renter
                                  I started renting a ‘studio apartment’ (i.e. a bedsit) in January this year in a three-storey 1930s block – residents are a mix of renters and leaseholders. I am considering asking for rent reduction due to two main issues:
                                  1. Upon moving in I noticed that there is no way to turn off the radiator, as
                                  ...
                                  06-07-2022, 16:41 PM
                                • Reply to Choosing tenants
                                  by ash72
                                  Based on the information, I would pick the one with the highest salary, as they will be able to afford the property and the costs of running the property. If you haven't already I would ask them why they are leaving the property they are currently renting - this provides good insight.

                                  And...
                                  07-07-2022, 13:51 PM
                                • Choosing tenants
                                  by annam222
                                  Hi all,
                                  I advertised my flat on OpenRent (for the first time) and received 90 viewing requests in a few days (I have removed the advert now).
                                  I set up an automated reply to all enquires with a list of 10 questions, then picked five potential tenants that ticked all the boxes. I called all...
                                  07-07-2022, 13:09 PM
                                • Reply to Evicted and left a few bits
                                  by jpkeates
                                  Not unless there's a right of offset in the tenancy agreement.
                                  There's no general right to offset in English law.

                                  In reality, if the landlord did sell the belongings and claim the proceeds were to recover the cost of disposal (which the bailee is entitled to do), the tenant would...
                                  07-07-2022, 13:45 PM
                                • Evicted and left a few bits
                                  by betsy2040
                                  I been evicted today and I’ve left a few bits of stuff ,

                                  marble table and dining chairs , mattress 2 sofas ect ect boxes of stuff , curtains , few boxes of clothes and shoes , and sideboards and all my garden stuff

                                  How long have I got to remove all this?...
                                  06-07-2022, 18:56 PM
                                • Reply to Renters reform bill
                                  by jpkeates
                                  Magna Carta doesn't apply to us common people.

                                  Your right to private property is in the Human Rights Act, though.
                                  And, ironically, our best protection is likely to be the amount of property that is owned by non-UK citizens, particularly companies.
                                  07-07-2022, 13:42 PM
                                • Renters reform bill
                                  by flyingfreehold
                                  i have just read an interesting summary of all that is proposed in the EG (Estates Gazette). As drafted it effectively brings back a form of rent control as tenants will have the right to go to First Tier Tribunal to challenge any rent increases which must be proposed by section 13 notices.
                                  ...
                                  04-07-2022, 16:29 PM
                                • Reply to Choosing tenants
                                  by AndrewDod
                                  Can't see any problem with asking for bank statements and landlord references from all of them right now. Also visit them in their current homes if possible. Don't be unfair and lead them on however - explain clearly that they are one of three possible candidates out of 90. Ask for copies of their current...
                                  07-07-2022, 13:42 PM
                                • Reply to Choosing tenants
                                  by AndrewDod
                                  It depends. I have been picking people who I know (99.9%) will NOT want to stay in the UK for very long. Long term UK-based renters - way too much risk (of later imposed very low rates of rent, enforced property sales from some later lunatic government...).

                                  Length of stay is a relatively...
                                  07-07-2022, 13:39 PM
                                Working...
                                X