L's right of access for inspection or viewing?

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  • jta
    replied
    Originally posted by Docspaff View Post
    My tenant is 5 months in arrears, refusing access for me to inspect the house and has moved out of the area but refusing to give up his tenancy saying he still lives in my property.He has visited the property a few times in the last few months. He has informed the city council that the house is unoccupied for the purposes of council tax If he has done that then he has told the council he no longer lives there.

    and a recorded letter I sent him was returned after 1 month. Bad move to use recorded delivery, send letters by ordinary 1st class post and get a certificate of posting from two different post offices I have served section 8 and 21 notices upon him. Last week I visited the property and found water flowing from the attached garage. I tried to contact the tenant tell him that I needed to enter the garage to sort the problem but was unsuccessful. I entered with a witness and turned the water off. The tenant now says he is returning to the property next week and wants the leak repairing but refuses me access to any area other than the garage.he has also changed the house locks. What would you do about the repair? Is there anything else I can do to get rid of him other than the section 8 and 21
    If he is living elsewhere, and is paying CT there, then I think it's good evidence he has abandoned the property. Do a search on abandonment procedures on the site and follow those. You should also start a money claim online, that might encourage him to surrender the keys to you.

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  • mk1fan
    replied
    Write a letter stating that in order to arrange for any repairs you'll need access to the property to assess the required repairs. This is in accordance with you obligations under the L&TA. Refusing entry to assess the required repairs prevents you from complying with your obligations.

    Post one through the door and fix one to the front door.

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  • Docspaff
    replied
    Tenant moved,in arrears,refusing access and now with burst pipe. What do I do?

    My tenant is 5 months in arrears, refusing access for me to inspect the house and has moved out of the area but refusing to give up his tenancy saying he still lives in my property.He has visited the property a few times in the last few months. He has informed the city council that the house is unoccupied for the purposes of council tax and a recorded letter I sent him was returned after 1 month. I have served section 8 and 21 notices upon him. Last week I visited the property and found water flowing from the attached garage. I tried to contact the tenant tell him that I needed to enter the garage to sort the problem but was unsuccessful. I entered with a witness and turned the water off. The tenant now says he is returning to the property next week and wants the leak repairing but refuses me access to any area other than the garage.he has also changed the house locks. What would you do about the repair? Is there anything else I can do to get rid of him other than the section 8 and 21

    Leave a comment:


  • Scrungy
    replied
    Originally posted by Springfields View Post
    If the ceiling is as TT says coming down its an emergency repair situation. Send a letter with date and time a contractor will be attending and go with them to allow access.
    I think the ceiling coming down could be an urgent/important situation that is desirable to be fixed, but I don't think its an emergency, like a fire or serious water ingress.

    Also, to the OP, did the tenant tell you what is happening exactly, as the ceiling cannot keep coming down. Is it bits and pieces keep falling?

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  • PaulF
    replied
    Originally posted by Snorkerz View Post
    Paul, this seems to contradict the majority view on here that non-contact by the tenant can not be taken as giving express permission to enter.
    If you have written to the tenant on at least two occasions with a reasonable interval in between, to make an appointment, and both have failed to elicit a reply then it's perfectly acceptable to use the method I have suggested. The landlord is entitled by implication to inspect in order to carry out essential repairs and this is what this is all about here, as he is trying to maintain his property which he is lawfully obliged to do. I feel that most if not all judges would support the landlord in such cases. This method of entry by the way was consided to be a reasonable solution by Pain Smith solicitors as a result of non-contact from a tenant.

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  • Springfields
    replied
    If the ceiling is as TT says coming down its an emergency repair situation. Send a letter with date and time a contractor will be attending and go with them to allow access.

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  • mind the gap
    replied
    Originally posted by Snorkerz View Post
    Paul, this seems to contradict the majority view on here that non-contact by the tenant can not be taken as giving express permission to enter.
    I was just thinking that. Although in practice, on this one occasion, I doubt LL would be likely to be sued - harassment is by definition repeated annoyance/unauthorised access. Breach of contract, maybe.

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  • Snorkerz
    replied
    Originally posted by Paul_f View Post
    I've given advice on this a few times. You can state that despite previous attempts to arrange a mutually convenient appointment that there are issues that you need to resolve by entering the premises using your own key. State this in writing and go on to say that you will be coming at such a time on such a day, and that unless you hear to the contrary you will be.......(whatever it is you want to inspect). Remember you cannot enter the premises if the tenant contacts you and tells you not to, for whatever reason. Your only other way if this fails is to apply to the court possibly under S.8.
    Paul, this seems to contradict the majority view on here that non-contact by the tenant can not be taken as giving express permission to enter.

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  • PaulF
    replied
    I've given advice on this a few times. You can state that despite previous attempts to arrange a mutually convenient appointment that there are issues that you need to resolve by entering the premises using your own key. State this in writing and go on to say that you will be coming at such a time on such a day, and that unless you hear to the contrary you will be.......(whatever it is you want to inspect). Remember you cannot enter the premises if the tenant contacts you and tells you not to, for whatever reason. Your only other way if this fails is to apply to the court possibly under S.8.

    Leave a comment:


  • swan2010
    replied
    Gaining access to carry out inspection

    I hope this is an easy one to answer.

    We have a tenant who we have contacted on several occassions to gain access to the property to carry out some maintenance issues (ceiling in bathroom mouldy and falling down), but the tenant is never there when the LL calls. The issues was informed to us by the tenant themselves.

    The LL has some concerns about the state of the property, when he arrived to inspect what works needed to be done he said that the blinds and curtains were black with mould and that from what he could see from looking in through the window the property was disgusting (I know that we can't judge how other people live, but the LL has been told by the LA that is trying to let the LL flat above they can't do so because of the smell that is coming from the property downstairs). I was just wondering if, giving fair warning and notice along the lines of 'You may wish to be present during this visit, but should you have a prior commitment, I will use my keys to the property', if the LL could let themselves into the property to carry out an inspection and also to allow them to look at the bathroom ceiling and the works that need to be carried out?

    Any advice would be greatly appreciated.

    Leave a comment:


  • mind the gap
    replied
    Originally posted by kissirani View Post
    There is nothing in the agreement at all about the brother in law having access to the garage. It does however say I have use of the driveway. I wasn't aware of the situation until after signing contracts.
    I'm more than happy to move the car for when he comes if he lets me know about it. Its more that he turns up when he feels like it and if I'm not there I get an ear bashing from LL's wife.
    Thought I'd probably just have to put up with it. 2 prospective tenants have been shown round so far and both have been put off when I've mentioned the situation with the garage and gardens
    That changes things! If no provision for access is allowed for in the agreement, then I do not think you are obliged to allow it and you would be within your rights to refuse it. Does your LL know his B-i-L is being so unreasonable?

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  • kissirani
    replied
    There is nothing in the agreement at all about the brother in law having access to the garage. It does however say I have use of the driveway. I wasn't aware of the situation until after signing contracts.
    I'm more than happy to move the car for when he comes if he lets me know about it. Its more that he turns up when he feels like it and if I'm not there I get an ear bashing from LL's wife.
    Thought I'd probably just have to put up with it. 2 prospective tenants have been shown round so far and both have been put off when I've mentioned the situation with the garage and gardens

    Leave a comment:


  • mind the gap
    replied
    Originally posted by kissirani View Post
    Hi, just after a little advice...
    I rent a property via a letting agent whom I pay my rent to and contact for any problems etc. When I agreed to rent the property the garden and off road parking were included but the garage wasn't as it was used for storage by the landlord's brother-in-law.
    Shortly after moving in the landlord came round (without prior warning) to check everything was ok and to ask to keep access to the garage clear as his brother in law runs a buisness from there and would need access once a fortnight. I explained I'd rented the property with off road parking and if I'd known that wasn't included I wouldn't have agreed to rent it. We came to a compromise and I gave the brother in law my number so he could let me know when he needed access to the garage.
    Things worked well for a number of months but now the brother in law comes round 3-4 times a week without letting me know. he often arrives at 6-7am and will hammer on the door until I get up to move the car. He will then be at the property for 3-4 hours. If I'm out I get nasty phone calls from the landlord's wife (his sister).
    The landlord also comes round 3-4 times a week to tend to the garden which I wasn't aware of when I signed the agreement. This is also at random times without notice. There have been incidences where I've been sunbathing or having a bbq with friends in the garden and he's turned up.
    My AST is up in a month and I've already given notice to quit.
    I'm really at the end of my tether with it all.
    Just want to know if there is anything i can do to make it a little easier? or if I just have to put up with it?

    Thanks
    Probably not at this stage, I'm afraid. If the tenancy agreement makes provision for B-i-L to access the garage (what's the exact wording?) then I suppose you have to allow it, although it sounds highly inconvenient and it wasn't acceptable (in my view) for the B-i-L to demand access at 6 a.m.

    I would be tempted to park my car on the roadside for the last month, to be honest - Make sure you make it clear to your LL what's happening, though, and that it's the reason why you're leaving. If he ends up with a void period or a succession of Ts who leave as early as they can, he will have to ask himself if his brother-in-law's business is worth more to him than the income from his own tenants.

    Leave a comment:


  • kissirani
    replied
    Landlord and access to property?

    Hi, just after a little advice...
    I rent a property via a letting agent whom I pay my rent to and contact for any problems etc. When I agreed to rent the property the garden and off road parking were included but the garage wasn't as it was used for storage by the landlord's brother-in-law.
    Shortly after moving in the landlord came round (without prior warning) to check everything was ok and to ask to keep access to the garage clear as his brother in law runs a buisness from there and would need access once a fortnight. I explained I'd rented the property with off road parking and if I'd known that wasn't included I wouldn't have agreed to rent it. We came to a compromise and I gave the brother in law my number so he could let me know when he needed access to the garage.
    Things worked well for a number of months but now the brother in law comes round 3-4 times a week without letting me know. he often arrives at 6-7am and will hammer on the door until I get up to move the car. He will then be at the property for 3-4 hours. If I'm out I get nasty phone calls from the landlord's wife (his sister).
    The landlord also comes round 3-4 times a week to tend to the garden which I wasn't aware of when I signed the agreement. This is also at random times without notice. There have been incidences where I've been sunbathing or having a bbq with friends in the garden and he's turned up.
    My AST is up in a month and I've already given notice to quit.
    I'm really at the end of my tether with it all.
    Just want to know if there is anything i can do to make it a little easier? or if I just have to put up with it?

    Thanks

    Leave a comment:


  • hannahx200
    replied
    Originally posted by theartfullodger View Post
    Do you already have any references you may need?? (the tricky point sometimes...)

    Best wishes

    Artful
    Really good point, I'll phone my new landlord and find out. As you say I don't want to cause problems. But if it's all gone through I'll know I'm okay to be a bit more stroppy.

    Leave a comment:

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