L's right of access for inspection or viewing?

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    #91
    What will happen if it is not done?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #92
      Hi TheSaint,

      Thanks for replying. What will happen, probably nothing. The electrics are safe as far as we are aware, I was asked to ensure they met 2008 regs, so we've done that by a competent person.I'm crossing t's and dotting I's i guess. Tenant is difficult, so I guess I'll forget about getting access and continue to court to have her removed, due to all her other misdemenas.
      A.

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        #93
        Advice on trying to be reasonable about giving access for viewings

        Hello,

        Want some advice of how to manage the letting agents who are letting the flat I am leaving. We are not leaving the flat until 20th Nov so there's no major rush on them to re-let it currently.

        Basically I have had a very nasty call from them because we can only offer them evening viewing slots until Tue 26th Nov as my other half works nights. They got very angry on the phone about this and even hung up. Made me feel really upset actually. I'm trying to help as we've said from 4.30pm and evenings until Tuesday is okay and then they can do pretty much anytime with a bit of notice.

        How do I proceed with them? They don't think his night shift and need to sleep are important e.g. he can wake up at random times for 20 or so minutes just to suit them.

        Thanks!

        Comment


          #94
          Originally posted by hannahx200 View Post
          I'm trying to help as we've said from 4.30pm and evenings until Tuesday is okay and then they can do pretty much anytime with a bit of notice.
          A couple of two hour windows for viewings per week is perfectly reasonable. You can, if you wish, refuse access completely; LL would need to obtain a court order to enforce any provision for access for viewings in the tenancy agreement (you might be liable for his legal costs, though).

          How do I proceed with them?
          Complain about the agent's unprofessional behaviour to the landlord, and if the agent is a member of a professional body such as ARLA, complain to them, too.

          Comment


            #95
            Thanks, as we are only asking them to hold off for 3 working days now guess it would be easier as I only have postal address for landlord to ride out the nasty behaviour and keep fingers crossed it improves when we can help them out.

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              #96
              Do write to the LL. He may be completely unaware of the agent's behaviour and in his shoes I'd definitely want to know about it.

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                #97
                Sounds like you just want peace/time - as Westminster says above, you can refuse all & any visits. You could offer to be more flexible for a reduction in rent..

                Sounds to me that the behaviour you describe might be considered harassment (see...
                http://england.shelter.org.uk/get_ad..._as_harassment
                )

                In your shoes (I'm not, I'm a landlord) if it happened again I'd verbally then formally complain to the agent., LL and trade association. You are also entitled to change the locks as long as you change them back before you vacate.

                Do you already have any references you may need?? (the tricky point sometimes...)

                Best wishes

                Artful
                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...

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                  #98
                  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.

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                    #99
                    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

                    Comment


                      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.
                      '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


                        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

                        Comment


                          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?
                          '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


                            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.
                            I'm not a LA, I'm just some admin person that works for 3 LL who don't get on with each other and never respond to Tenants. All help is gratefully received and very appreciated.

                            Comment


                              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.
                              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                              Comment


                                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.

                                Comment

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