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Two Questions

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Could someone please give me advice on two things:

1. There is and old shed in the garden which is falling apart - rotting wood, no door, exposed nails, etc.

We have a small toddler and it is likely that there will be several children coming to visit us, too. This shed is likely to be a kid magnet!!

When I came to view the house the LA's words were "Yes, that is likely to be a safety hazard, in which case the Landlord will probably have it removed for you". We have sent a request for this to be done. We have had a reply about our request to repaint one or two rooms in neutral colours and someone has been along to mend the broken gate, a rotting wooden door and a leaking storeroom roof, but silence with regard to the shed.

If there was an accident in the shed, who would be responsible for this?

2. For the first time, our tenancy agreement states that we are subject to quarterly inspections.

We have received a letter notifying us of our first inspection, which is compulsory. They have given us a date and a time and have said that should we be out, we must leave a key for them. We may change the time but not the date and if we fail to leave a key we will be charged for the wasted journey. Are they allowed to do this? I would like someone to be home when they "inspect" and this will be impossible on the given day.

Any replies appreciated.

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Could someone please give me advice on two things:

1. There is and old shed in the garden which is falling apart - rotting wood, no door, exposed nails, etc.

We have a small toddler and it is likely that there will be several children coming to visit us, too. This shed is likely to be a kid magnet!!

When I came to view the house the LA's words were "Yes, that is likely to be a safety hazard, in which case the Landlord will probably have it removed for you". We have sent a request for this to be done. We have had a reply about our request to repaint one or two rooms in neutral colours and someone has been along to mend the broken gate, a rotting wooden door and a leaking storeroom roof, but silence with regard to the shed.

If there was an accident in the shed, who would be responsible for this?

2. For the first time, our tenancy agreement states that we are subject to quarterly inspections.

We have received a letter notifying us of our first inspection, which is compulsory. They have given us a date and a time and have said that should we be out, we must leave a key for them. We may change the time but not the date and if we fail to leave a key we will be charged for the wasted journey. Are they allowed to do this? I would like someone to be home when they "inspect" and this will be impossible on the given day.

Any replies appreciated.

No idea about the first part but would imagine the second is very iffy indeed, not so much the inspections but the fact you have to be out. I'd contact shelter about the issue if I were you.

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No idea about the first part but would imagine the second is very iffy indeed, not so much the inspections but the fact you have to be out. I'd contact shelter about the issue if I were you.

Sorry, perhaps I didn't make myself clear - we are not required to be out, but we will both be at work all day on the day they have specified and i would like someone to be home when they are there. Are they allowed to say that we may not change the day?

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Could someone please give me advice on two things:

1. There is and old shed in the garden which is falling apart - rotting wood, no door, exposed nails, etc.

We have a small toddler and it is likely that there will be several children coming to visit us, too. This shed is likely to be a kid magnet!!

When I came to view the house the LA's words were "Yes, that is likely to be a safety hazard, in which case the Landlord will probably have it removed for you". We have sent a request for this to be done. We have had a reply about our request to repaint one or two rooms in neutral colours and someone has been along to mend the broken gate, a rotting wooden door and a leaking storeroom roof, but silence with regard to the shed.

If there was an accident in the shed, who would be responsible for this?

2. For the first time, our tenancy agreement states that we are subject to quarterly inspections.

We have received a letter notifying us of our first inspection, which is compulsory. They have given us a date and a time and have said that should we be out, we must leave a key for them. We may change the time but not the date and if we fail to leave a key we will be charged for the wasted journey. Are they allowed to do this? I would like someone to be home when they "inspect" and this will be impossible on the given day.

Any replies appreciated.

If the landlord wont remove the shed then common sense dictates you should keep your kid and visiting kids away from it. If anything happens then I unfortunatley think it would be your responsibility.

In terms of the second point. They are having a laugh. You have no contract with the letting agents, therefore you have no need to give them any money. Your contract is with the landlord, who in term has a contract with the agents. I would simply write to them saying that the time proposed is unsuitable, and give a list of other suitable times and dates when you are in. Make it clear that they are not to come around on the date they have chosen and no key will be left. Then it will be their fault if there is a wasted journey. Ask them to confirm in writing which one of your times and dates they would like to come around on. Of course the alternative is that you dont have to let them around at all, however if you are hoping to stay passed the initial fixed term of your contract, you probably wont to be reasonably accomodating.

Edited by Planner

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If the landlord wont remove the shed then common sense dictates you should keep your kid and visiting kids away from it. If anything happens then I unfortunatley think it would be your responsibility.

In terms of the second point. They are having a laugh. You have no contract with the letting agents, therefore you have no need to give them any money. Your contract is with the landlord, who in term has a contract with the agents. I would simply write to them saying that the time proposed is unsuitable, and give a list of other suitable times and dates when you are in. Make it clear that they are not to come around on the date they have chosen and no key will be left. Then it will be their fault if there is a wasted journey. Ask them to confirm in writing which one of your times and dates they would like to come around on. Of course the alternative is that you dont have to let them around at all, however if you are hoping to stay passed the initial fixed term of your contract, you probably wont to be reasonably accomodating.

I have personal experience of the inspection issue, my landlord came round and inspected the house for 1 hours 20 minutes making many false accusations of damage to the property. This was an unreasonable breach of my quiet enjoyment and I made a formal complaint of harassment (use that word) to the agent, it has not happened again.

The law is a little vague on inspections but the 1985 L&T act states that a LL is allowed access with 24 hours at reasonable times of the day except in an emergency. If the inspection is a pop round quick look see then there should be no issue but the moment and I mean the moment there is a negative attitude or you feel uncomfortable or intimidated then you are technically being harassed. If this happens politely ask them the leave or you will call the police, if they refuse they are trespassing and you should call the police or use reasonable force to remove them. Remember the law also states that you are entitled to "Quiet and Enjoyment" which means being left alone as if it was your home (your home, their property remember)

An inspection is useful for a LL to check nothing is leaking or that damage may occur to the house because say the lagging has slipped off the tank in the roof and also to make sure you really are not trashing the place, but picking at things like dust or the way you live is absolutely nothing to do with them if it does not cause damage above and beyond fair wear and tear.

I call harassment every time my landlord even comes near the house following that episode so they don't anymore. Also send all communication by post and refuse to accept anything hand delivered. Its quite funny, the agent tried to dispute this and I had to remind him that only a judge could determine whether it is legally harrasment or not

Planner is right though if the inspection process is quick and easy and they are happy you will have a stress free time any more and you would not want to extend the lease anyway.

Edited by Matt Henson

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Could someone please give me advice on two things:

1. There is and old shed in the garden which is falling apart - rotting wood, no door, exposed nails, etc.

We have a small toddler and it is likely that there will be several children coming to visit us, too. This shed is likely to be a kid magnet!!

When I came to view the house the LA's words were "Yes, that is likely to be a safety hazard, in which case the Landlord will probably have it removed for you". We have sent a request for this to be done. We have had a reply about our request to repaint one or two rooms in neutral colours and someone has been along to mend the broken gate, a rotting wooden door and a leaking storeroom roof, but silence with regard to the shed.

If there was an accident in the shed, who would be responsible for this?

2. For the first time, our tenancy agreement states that we are subject to quarterly inspections.

We have received a letter notifying us of our first inspection, which is compulsory. They have given us a date and a time and have said that should we be out, we must leave a key for them. We may change the time but not the date and if we fail to leave a key we will be charged for the wasted journey. Are they allowed to do this? I would like someone to be home when they "inspect" and this will be impossible on the given day.

Any replies appreciated.

1) Re: The Shed - Although a shed probably does not come under Landlord and Tenant Act 1985 s.11, the landlord obviously retains the right to enter in order to inspect and repair the property, therefore he is under a duty of care towards you with respect to dangerous parts of the premises. I can't for the life of me remember whether it is a duty under the Occupiers Liability Act 1957, the Defective Premises Act 1972 or just at common law. Anyway, it doesn't really matter how or why he becomes liable, just that he is.

2) Re: Inspections - You have contracted to allow quarterly inspections, but on what terms? That depends on the terms of the tenancy (which you haven't quoted) and not on the letters that they have written you after the tenancy has already begun......

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Thank you for the constructive replies.

A second letter arrived from the LA today - they have decided to change the time at which they "will" be coming to inspect the property. Coincidentally, this new time does actually suit me, although it is annoying that they feel they can dictate the date and time at which they will be inspecting. The inspection will be carried out by the LA on behalf of the landlord.

I will make an effort to use this inspection to our advantage in reminding them of the shed issue, and a couple of others, and to put it in writing for them to take away and hopefully deal with.

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Thank you for the constructive replies.

A second letter arrived from the LA today - they have decided to change the time at which they "will" be coming to inspect the property. Coincidentally, this new time does actually suit me, although it is annoying that they feel they can dictate the date and time at which they will be inspecting. The inspection will be carried out by the LA on behalf of the landlord.

I will make an effort to use this inspection to our advantage in reminding them of the shed issue, and a couple of others, and to put it in writing for them to take away and hopefully deal with.

Get the agents email address and use that to communicate but always follow up important issues with letters, everything will be logged and all replies kept.

I have a siimilar issue with an old smashed up greenhouse in my garden and the LL was reluctant to remove, I offered to smash down myself and remove at my expense and they agreed. It was obviously a cost issue.

If you like where you live and want to stay and more importantly concerned for the kids try that option, If they agree, take pictures before you do anything and keep any receipts for any future issues you may have. You never know they may come in handy.

Good luck

Bosh

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Thank you for the constructive replies.

A second letter arrived from the LA today - they have decided to change the time at which they "will" be coming to inspect the property. Coincidentally, this new time does actually suit me, although it is annoying that they feel they can dictate the date and time at which they will be inspecting. The inspection will be carried out by the LA on behalf of the landlord.

I will make an effort to use this inspection to our advantage in reminding them of the shed issue, and a couple of others, and to put it in writing for them to take away and hopefully deal with.

I am glad the outcome sounds good. LA don't have a personal attachment to the house so tend to be objective in their view on inspections

Some LL's are just so painfully attached they should simply live in the damn house

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  • 296 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
      • up 2.5%
      • up 5%



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