L's right of access for inspection or viewing?

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    #76
    Originally posted by muz379 View Post
    Basically the issue regarding him saying someone came round without my consent arrose because I made a query regarding why there was a month gap between the old certificate expiring and the new one just being issued . He said someone came round in july to check but forgot to issue a certificate. As for the notice he isnt saying he sent notice and none of us have any record of such
    So he didn't admit to breaching your right to quiet enjoyment then.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #77
      Originally posted by thesaint View Post
      So he didn't admit to breaching your right to quiet enjoyment then.
      im saying he has admitted this .

      he said someone come over in july

      i said i didnt have notice of this nor give my permission to this

      he said do what you wish

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        #78
        Originally posted by muz379 View Post
        im saying he has admitted this .

        he said someone come over in july

        i said i didnt have notice of this nor give my permission to this

        he said do what you wish


        What does the tenancy agreement you signed say regards to him gaining access for repairs etc?
        Allow tenants to protect their own deposits. I want free money when they do it wrong

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          #79
          Originally posted by muz379 View Post
          ok for us to pay late as long as all late payment charges where made
          What late payment charges is he refering to?

          Comment


            #80
            Originally posted by thesaint View Post
            What does the tenancy agreement you signed say regards to him gaining access for repairs etc?
            24hrs notice , unless emergency
            This isnt something I actually want to pursue with him just would like it confirmed that Im right .

            He's the kind of landlord who seems quite happy to remind us of our contractual and statutory obligations yet he has no interest in being reminded of his .
            For instance today he sent in email the The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007

            Duties of occupiers of HMOs

            Listing the duties of an occupier of a HMO .

            This stems my next question . If im in a house with 4 other Tenants all on one joint AST is it a HMO? .And if it is what are his duties in order to keep the details of the HMO licence up to date . Particularly the address and contact details of the manager of the HMO


            Also late payment charges are as per the contract

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              #81
              It is definitely an HMO, but it may or may not be a licensable HMO.

              I think you are on a hiding to nothing with the 'breach of quiet enjoyment' issue for the gas safety certificate. What would concern me more is the continuing lack of the certificate. Have you asked him to get the gas engineer to issue one? It sounds very odd, as the gas engineers fill the certificate in as they do the check.
              '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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                #82
                I know im onto nothihng with the breach of quiet enjoyment issue and even if I had a valid case I wouldnt pursue it anyway due to the time and effort that would be required and the ammount that it would antagonise him for the little to no reward it would bring . However knowing that he has also breached his obligations would go some way to appeasing my mind that he is in fact a bad landlord

                The certificate is now issued but I was naturally concerned about the safety as we had a gas leak about a week ago

                As for the HMO issue could you possibly explain further ?

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                  #83
                  well the contact details for the manger of the HMO are not up to date as per the HMO licence . And what is the difference between licensable and unlicensable HMO

                  This is not anything I want to pursue either but just for future reference id like to know the difference

                  Comment


                    #84
                    Originally posted by muz379 View Post
                    well the contact details for the manger of the HMO are not up to date as per the HMO licence . And what is the difference between licensable and unlicensable HMO
                    Contact details for the manager : complain to the HMO dept of the council. They can contact the LL about it. Or you could, if you know the LL's ddress.

                    A licensable HMO is a rental property of three or more floors which is let to five or more unrelated sharers. There are quite strict regulations about fire safety measures, etc. and the LL must have a CRB check. Failure to have a licence when one's required carries a hefty fine.

                    Otherwise an HMO just means it's a house of multiple occupation, ie two or more unrelated sharers live there. It may or may not need special safety measures installing - it's up to the local council, who have the power to insist on such things if they see fit.
                    '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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                      #85
                      Landlord Access

                      Hi there. I am a new Landlord and wanted to do right by my tenant. However, found out that he had tampered with and stolen money from the coin operated meters. He gave notice to go (which I verbally accepted), packed and went, but a few days later I was served with an injunction saying I had illegally evicted him and I was forced to return the keys to him! Now in the hands of solicitors etc but he is not paying rent and gas and electricity (because he broke meters). My question is, I have given him 24 hours notice as I intend to enter the property tomorrow to add new security tags to the electricity meter and view meter readings on both the gas and electricity meters. I posted the notice through the letter box and stuck one to his door which was independently witnessed. If he doesn't answer the door when I knock tomorrow, can I legally enter? Can he refuse my request?

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                        #86
                        Is your property in England/Wales and does your tenant have an Assured Shorthold Tenancy?
                        '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

                        Comment


                          #87
                          Yes the flat is in England and he has a short tenancy which started on 16th June.

                          Comment


                            #88
                            Who owns the meter, you or the utility company?

                            If the meter is yours, have you reported the criminal damage and the theft, abstraction, of your electricity to the police?

                            If the meter is the property of the utility company, have you informed them?

                            Is he the only person in the property? Is he the only person who could have had or would have had access to the meter, and is he the only person who would benefit from interfering with the meter?

                            pm
                            Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                            Comment


                              #89
                              Originally posted by CHIPPYFLAT View Post
                              If he doesn't answer the door when I knock tomorrow, can I legally enter? Can he refuse my request?
                              Yes, he can refuse access. Inadvisable to enter without his consent when he has already made allegations of illegal eviction.

                              Comment


                                #90
                                Tenant refusing access. Periodic Electrical Inspection not complete.

                                Hi All,

                                Tenant not allowing electrician to complete works.Really paperwork now, maybe a few checks required. Can I enter or am I risking harassment? Tenant made appointment, now all phones not taking messages and didn't keep appointment.

                                Thanks,

                                A.

                                Comment

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