Notifying Tenants of Inspections

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    Notifying Tenants of Inspections

    Hi,

    In regards to notifying tenants of inspections, is it ok to notify them by text?

    #2
    Maybe, but perhaps unwise...

    The only legal backing for an inspection (other than an almost-certainly-unenforceable clause in a tenanct agreement) is (6) of S11 of LL&T 1985 see..
    http://www.legislation.gov.uk/ukpga/1985/70/section/11
    (6) In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.
    Note "in writing" means just that: If a tenant wished to be "difficult" then email/voicemail/txt could be igrnored & they might start arguing harassment (can't see them getting anywhere btw..).

    Note that is only to view
    their condition and state of repair
    - ie make sure the place is OK for the tenant (not for the landlord) and it's purpose is not to permit remarks about their slovenly living arrangements, coal in bath, sink full of mouldly dishes which are all the tenant's priviledges... (well,, yes, as is S21..).

    Cheers!

    Artful (Currently 500+ miles away frae Mrs Artful & have yet to remember where hoover is & definitely living like a pig....: Mrs Artful wanted a holiday so I went to Scotland, she stayed home... )
    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 AALandlord View Post
      Hi,

      In regards to notifying tenants of inspections, is it ok to notify them by text?
      If your agreement with them states it is. Otherwise, no.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        There is also s.16 Housing Act 1988 http://www.legislation.gov.uk/ukpga/1988/50/section/16

        16 Access for repairs.

        It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

        Comment


          #5
          Originally posted by theartfullodger View Post

          The only legal backing for an inspection (other than an almost-certainly-unenforceable clause in a tenanct agreement) is (6) of S11 of LL&T 1985
          A contractual provision giving the LL the right to inspect is enforceable - i.e. LL could apply for a court order to obtain access - however, it would generally be impractical to do so (costly, lengthy).

          Comment


            #6
            Why do some people assume that "in writing" means on a piece of paper?

            Comment


              #7
              Originally posted by jjlandlord View Post
              Why do some people assume that "in writing" means on a piece of paper?
              Probably because not that long ago it was effectively the only way.

              Comment


                #8
                I put (things that matter) on paper to avoid later arguements were things ever to get to court.. Tend to have emailed earlier as well...
                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


                  #9
                  Do both if you feel the T might be difficult. It doesn't take long to make up a letter that you can use again and again. Stick a stamp on and walk the dog to the PO.

                  Comment


                    #10
                    Unless there is a good reason to proceed differently, it is surely better to contact the tenant and agree a time rather than simply announce you are coming.

                    Comment

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