LA asking for another inspection

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    LA asking for another inspection

    We have lived here 2 years and the location is very convenient for us, and quiet. Moving would be a hassle.

    We pay a high rent though, and have noticed the LL/agents are slow on doing repairs, which is annoying. Have had to write letters (recorded delivery) asking for repairs to be done. Major repairs have now been done, minor not (from months and months ago)
    Letting agents are supposed to do six monthly inspections, although we have only had 2, I always spend several hours clearning and tidying first. The staff are pleasant enough when they come, but it doesn't seem to lead to any repairs.

    The house is also looking shabby, needs repainting, carpets over ten years old etc. When I think of the thousands we have paid in rent it makes me mad.

    The landlords live abroad, they made a visit in late July to see the house as they were back in UK visiting family. When the landlord visited they said they would fix some stuff, and about half of it has been done, but we have not heard from them re outstanding matters, eg handle on the oven door is off. They seem to have disappeared again, which is typical. Apparently they own several houses, so should know what they're doing.

    When the letting agents arranged for the LLs visit, they mentioned we were due a 6 month inspection, and I said to them was it really necessary now as we would be seeing the LLs themselves and at the time I thought they accepted this.

    Anyway the agents have just rung asking to come THIS weekend for an inspection! I said it was not very convenient and I would get back to them.

    Why should I put myself out cleaning and tidying over the weekend, just so they can tick a box? It seems pointless. They always get their rent on time and we look after teh place OK, but I don't feel they do their part in return.

    Am I entitled to refuse this inspection visit?

    #2
    Landlord or agent are only entitled to inspect under "Landlord & Tenant Act 1985 Section 8"
    (1)In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary—
    (a)a condition that the house is fit for human habitation at the commencement of the tenancy, and
    (b)an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.
    (2)The landlord, or a person authorised by him in writing, may at reasonable times of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.
    - and as stated only if notice in writing (not 'phone, not txt, not email..).

    So, if there is an inspection present LL or agent when they walk in the door with list of things they need to fix - I'm sure they'll be pleased to have had their time saved. They can comment on condition of the place (curtains drawn all day, rubbish bags strewn all round kitchen, bath full of coal... etc etc..) but that's none of their business & you are entitled to tell 'em to f*** o**.. It's only when you hand the property back that the condition matters... (but getting coal scratches out of a bath is tricky...)

    You are entirely within your rights to decline all visits from anyone (Landlord, Agent, repair-man[careful about that one]) but in doing so may raise suspicions (Cannabis Farm, Brothel, whatever...it does happen, sorry..) . Only need to write (keep copy) to LL & agent saying you decline all visit for any reason with your prior, written agreement which you are not currently giving. However if you can arrive at amicable date & time better all round...

    So, Landlord lives abroad?? Do you have an address in Engerland & Wales for you to "serve notices" on him?? If not the rent is not due (Oh!!) "Landlord & Tenant Act 1987 Section 48" - google it & check..

    As he's non-UK resident unless he has agreement (in writing) from tax man (HMRC) you/the agent should be withholding 22% (I think that's correct %) for tax purposes...

    In your shoes I'd write & tell agent no visit, you will discuss the matter with the landlord (Keep copy of letter) who is coming on inspection visit. Agent may of course be charging LL huge£££ for this inspection...

    Cheers!

    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...

    Comment


      #3
      Originally posted by theartfullodger View Post
      , Brothel, whatever...it does happen,
      I think you should share addresses with us reg'lars, keep yer nose out MTG.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        Originally posted by Marisol View Post
        Have had to write letters (recorded delivery) asking for repairs to be done. Major repairs have now been done, minor not (from months and months ago)
        Can you give some examples of the minor disrepair?

        The house is also looking shabby, needs repainting, carpets over ten years old etc.
        The LL has no statutory obligation to redecorate or recarpet, i.e. there's no basis upon which to demand he makes these improvements.

        eg handle on the oven door is off.
        Unless the tenancy contract specifies that LL is responsible for repairing kitchen appliances, this isn't LL's responsibility to fix. The T has an obligation to behave in a 'tenant-like manner' - this means "he must do the little jobs around the house which a reasonable tenant would do".*

        I suggest you read through the links below. The first one explains the LL's statutory/legal repairing obligations; what he is and isn't responsible for. The second link tells you your options for dealing with a LL who refuses to comply with his obligations. It's possible that the agent isn't doing some of these 'minor repairs' simply because they are not the LL's responsibility - ?

        First link
        Second link

        Anyway the agents have just rung asking to come THIS weekend for an inspection! I said it was not very convenient...

        Why should I put myself out cleaning and tidying over the weekend, just so they can tick a box? ...

        Am I entitled to refuse this inspection visit?
        Yes, you are entitled to refuse and to ask to arrange an inspection at a time more convenient to you. You also don't have to clean and tidy before the visit - as theartfullodger says, it's none of their business and you have no obligation to be clean and tidy during the tenancy, only to deliver back the property in pretty much the same condition at the end of the tenancy, fair wear and tear excepted.


        *Lord Denning, Warren v Keen, 1953

        Comment


          #5
          Originally posted by theartfullodger View Post
          Landlord or agent are only entitled to inspect under Landlord & Tenant Act 1985 Section 8
          ...which hardly ever applies nowadays, due to obsolescently low rent levels in s.8(3)/(4).
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            in response to my
            , Brothel, whatever...it does happen,
            jta remarked,...
            I think you should share addresses with us reg'lars, keep yer nose out MTG.
            Whenever I have to fill in a form/complete a t'Interweb page to get something and the circumstances are not inappropriate ** in the "How did you hear of us" Box I always reply "Bird in Massage parlour".


            Childish I know, but hey, I need to get out more...


            ** e.g. subscribing for the local kids playgroup fundraiser..

            *** But I passed my CRB!! (Yup, I was surprised)
            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


              #7
              Originally posted by jta View Post
              I think you should share addresses with us reg'lars, keep yer nose out MTG.
              Ever the gentleman, jta
              '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


                #8
                Originally posted by mind the gap View Post
                Ever the gentleman, jta
                Don't think I haven't seen those private emails to my wife to add more bromide to my tea!
                I offer no guarantee that anything I say is correct. wysiwyg

                Comment


                  #9
                  Originally posted by jta View Post
                  Don't think I haven't seen those private emails to my wife to add more bromide to my tea!
                  Ask Wayne Rooney to assist.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Originally posted by jta View Post
                    Don't think I haven't seen those private emails to my wife to add more bromide to my tea!
                    It was your manners I was commenting on. (If you want to get excited about sleaze, that's up to you!)
                    '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

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