The first Mid-term inspection is coming up for my friend, what will the agent do? What is he allowed to do? Exactly what are they looking for? Her property has no damage, but is not the cleanest or particularly tidy. Can the agent make her clean more or tidy up. She works very long hours and is shattered when she gets home. I have offered to clean before the agent comes but she says, as long as the property is clean when she leaves, they cant do anything? Who is right? Is there any web site references for her?
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I am here because I am inexperienced and want to learn. -
Your friend is correct. The agent should only be checking the physical aspects of the place, he might ask her if there are any problems with maintenance that the LL should address before they get worse. The state of the place does not come into it until it's time to hand it back.I offer no guarantee that anything I say is correct. wysiwyg -
The agent will be checking to make sure there has been no damage done and that the T is treating the property in a 'tenant-like manner' (e.g. reporting repairs and not running a business from it if this is not permitted). This should not extend to the agent/LL complaining about the state of cleanliness or tidiness of the place since (as jta says), that can easily be remedied by the T before she returns the property at the end of the tenancy. Some LLs write a clause into their contracts stating that the property must be kept clean and tidy, but it is unenforceable in practice. If the place were such a pigsty that it threatened public health, agent may be required to act!
If it is an HMO (multiple occupancy) and she shares the kitchen/bathroom with others, then the LL has a limited duty of care to the other Ts in that if one T is leaving mouldy meat in the fridge, smoking in a non-smoking property, or leaving the bathroom in an insanitary state, he may wish to challenge the offending T about it. But if your friend has sole occupancy (or shares with a partner/relative), her LL (or his agent) cannot in practice dictate how clean the property should be during the fixed term.
If your friend is happy in the property and wishes to stay for the foreseeable future (ie not be asked to leave at the end of the term), it is in her interests to co-operate with the agent when he comes to inspect (it doesn't usually take long at all), although she has a statutory right to quiet enjoyment, too. One mide-term inspection seems reasonable to me. Some Ts just refuse to admit the LL/agent for an inspection and if they are determined to conduct one, they have to seek a court order for access. But that usually means the relationship has broken down to the point where either the tenant wants to leave or the LL wants them to, or both'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 ExpectationsComment
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Perhaps T could help the agent & save time by presenting agent on their arrival with a list of defects requiring action?? (And a cup-of-tea.. natch!)
Cheers!
LodgerI 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
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Or perhaps the agent could turn up with a bunch of flowers for the T to say sorry for the inconvenience?Originally posted by theartfullodger View Post
'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 ExpectationsComment
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