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Longtermrenter

3 Or 4 Monthly Condition Of Property Visits

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I still have various issues with my letting agents as documented in one of my previous posts

I have been composiong an official letter of complaint to send to the letting agents but have not entirely finished it yet.

Meanwhile, the letting agent wants to come and inspect the property. One of my main bug bears is that they don't care about the many small things I have given them advisory notice of (rotting window frames, other small things leading to general deterioration of the property) and also that they have failed to act on some of the things I wanted sorting out (2 windows that do not open, another window, that does not close properly)

The relationship with the member of staff we see has broken down beyond saving now. I have sent an email requesting a valid reason for the visit and asking for a different member of staff to do the visit. This has been granted but no reason has been given for the visit. Why woyuld they want to inspect the condition when they ar enot prepared to even repair the outstanding issues. Do you think i should allow them access?

Tenancy agreement has usual term which says reasonable access with 24 hour notice but their introductory letter mentions regular 3/4 month property inspections with no reasoning behind it .

Additionally, are they legally entitled to take photographs of the interior of our house?

Edited to add last sentence.

Edited by Longtermrenter

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I still have various issues with my letting agents as documented in one of my previous posts

I have been composiong an official letter of complaint to send to the letting agents but have not entirely finished it yet.

Meanwhile, the letting agent wants to come and inspect the property. One of my main bug bears is that they don't care about the many small things I have given them advisory notice of (rotting window frames, other small things leading to general deterioration of the property) and also that they have failed to act on some of the things I wanted sorting out (2 windows that do not open, another window, that does not close properly)

The relationship with the member of staff we see has broken down beyond saving now. I have sent an email requesting a valid reason for the visit and asking for a different member of staff to do the visit. This has been granted but no reason has been given for the visit. Why woyuld they want to inspect the condition when they ar enot prepared to even repair the outstanding issues. Do you think i should allow them access?

Tenancy agreement has usual term which says reasonable access with 24 hour notice but their introductory letter mentions regular 3/4 month property inspections with no reasoning behind it .

Additionally, are they legally entitled to take photographs of the interior of our house?

Edited to add last sentence.

I'm overseas but in a new flat. During first property inspection the agent took photographs of lots of personal stuff. I was a bit gobsmacked to be honest. We've just had the second inspection where I told them they mustn't take photos of any personal items. They didn't (I shadow them all the way round!)

Edited by quine

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I still have various issues with my letting agents as documented in one of my previous posts

I have been composiong an official letter of complaint to send to the letting agents but have not entirely finished it yet.

Meanwhile, the letting agent wants to come and inspect the property. One of my main bug bears is that they don't care about the many small things I have given them advisory notice of (rotting window frames, other small things leading to general deterioration of the property) and also that they have failed to act on some of the things I wanted sorting out (2 windows that do not open, another window, that does not close properly)

The relationship with the member of staff we see has broken down beyond saving now. I have sent an email requesting a valid reason for the visit and asking for a different member of staff to do the visit. This has been granted but no reason has been given for the visit. Why woyuld they want to inspect the condition when they ar enot prepared to even repair the outstanding issues. Do you think i should allow them access?

Tenancy agreement has usual term which says reasonable access with 24 hour notice but their introductory letter mentions regular 3/4 month property inspections with no reasoning behind it .

Additionally, are they legally entitled to take photographs of the interior of our house?

Edited to add last sentence.

They generally have a contract with the LL which will stipulate the inspections to protect the LL interests. They haven't done anything about the issues you've flagged because the LL is a tight ******* and won't pay for them. You can choose if it is reasonable to have the work carried out and set off the cost against rent but be sure the work is necessary or you could end up stuck for the cost. They aren't legally entitled to do anything in your home you do not permit, indeed they aren't legally entitled to enter your home without your permission (that'll cause and argument here).

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Meanwhile, the letting agent wants to come and inspect the property

...Do you think i should allow them access?

That's one of the few reasons for access where tenants can't "unreasonably withhold permission".

A term dealing with rights of entry is unlikely to be challenged if it reflects the

ordinary legal position. This recognises that a landlord who is responsible for

carrying out repairs to the property needs reasonable access for two specific

purposes: firstly, in order to check whether repairs are necessary, and

secondly, to carry them out.

Reasonable access means access at reasonable times, and with at least 24 hours notice in writing, unless there

are exceptional circumstances.

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Trouble is the place was inspected by their workman around mid may, some repairs were done, others were ignored, we complained and were told to stop bring so damn rude etc. See original post in my first here.

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That's one of the few reasons for access where tenants can't "unreasonably withhold permission".

Sort of correct

The visit must be for the purposes of inspecting what repairs need to be carried out, if the agent is doing a "insepect how you are keeping the property" as many of them like to do then actually this is not within the law and access can be refused.

My suggestion to the OP would be as follows, allow them access, highlight the problems, refuse to allow them to inspect general condition (so if they want to snoop) and point out that you expect the issues you have to be rectified.

Also make it very clear they are not to take photos. You are well within your rights to do this

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You can choose if it is reasonable to have the work carried out and set off the cost against rent but be sure the work is necessary or you could end up stuck for the cost. They aren't legally entitled to do anything in your home you do not permit, indeed they aren't legally entitled to enter your home without your permission (that'll cause and argument here).

Whilst there may be some dispute about whether and if so in what circumstances a tenant can refuse access for inspection by prospective tenants, the position with regard to access for inspections to see if repairs are needed and access to carry out repairs is far more clear cut.

Section 11(6) Landlord and Tenant Act 1985:

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.

Section 16 of the Housing Act 1988:

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.

The tenant's right to carry out repairs and deduct the cost from rent can only be exercised after following a recommended procedure. A tenant certainly cannot refuse the landlord access and then carry out the repairs on the grounds that the landlord has failed to carry them out.

Section 11(6) clearly allows inspections to see if repairs are needed. As to the frequency of inspection under that section (or any similar provision in an agreement), obviously the provision cannot be taken absolutely literally so that a landlord can inspect every day. I do not think it is possible to state any hard and fast rule as to what frequency is reasonable for good estate management, but suggest that in most cases every six months would not be unreasonable. Apart from that, a landlord should only inspect if there is a good reason, and good reasons would include damage to the property or the tenant reporting a want of repair.

Edited by Damocles

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Whilst there may be some dispute about whether and if so in what circumstances a tenant can refuse access for inspection by prospective tenants, the position with regard to access for inspections to see if repairs are needed and access to carry out repairs is far more clear cut.

Section 11(6) Landlord and Tenant Act 1985:

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.

Section 16 of the Housing Act 1988:

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.

The definition of reasonable is?, this goes on and on, IMHO a tenant can always claim it is unreasonable-they are having folk round for an orgy at that time.

The tenant's right to carry out repairs and deduct the cost from rent can only be exercised after following a recommended procedure. A tenant certainly cannot refuse the landlord access and then carry out the repairs on the grounds that the landlord has failed to carry them out.

This I never said, the tenant can carry out repairs for which the LL has been notified and failed to act upon.

Section 11(6) clearly allows inspections to see if repairs are needed. As to the frequency of inspection under that section (or any similar provision in an agreement), obviously the provision cannot be taken absolutely literally so that a landlord can inspect every day. I do not think it is possible to state any hard and fast rule as to what frequency is reasonable for good estate management, but suggest that in most cases every six months would not be unreasonable. Apart from that, a landlord should only inspect if there is a good reason, and good reasons would include damage to the property or the tenant reporting a want of repair.

In this instance the tenant has stated that the relationship has irretrievably broken down, I'd hazard in that case the T intends to leave at the end of the term, the LL would have no case of I couldn't gain access to inspect as the T wouldn't let me, he's been made aware of issues and failed to act. The T rightly now wants nothing to do with the LL/LA presumably until the duration of the term upon which they will leave. The LL would have no recourse for damage they failed to take action to remedy in good time-in doing so they have admitted a lack of interest.

Edited by zebbedee

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Can we not start this argument again?

The law is pretty clear. We'll just spend pages and pages discussing what is "reasonable" which frankly is for the courts to determine.

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Can we not start this argument again?

The law is pretty clear. We'll just spend pages and pages discussing what is "reasonable" which frankly is for the courts to determine.

Which is why I left my original post with this'll start and argument, I think one thing and some think another and until a LL or T pursues it there won't be a definitive answer either way. I'm happy to leave it there.

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  • 406 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
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      • Even
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      • up 5%



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