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AIBU?

To wish I had said no to this house inspection.

59 replies

lollilou · 16/07/2013 11:08

We have been given notice to quit from our lovely rented home. It belongs to the church and they want it back for a new vicar.
My agent has rung and asked if I will allow some church members to visit tomorrow to see what repairs/redecoration will need to be done after we move.
I felt put on the spot and said yes but now I'm not feeling happy about it. We still have six weeks so we have not packed a thing so they won't be able to see everything behind our furniture, pictures ect,the windows need a wash which we will do before we move, there is a spot of hairdye in the bathroom that I will sort out and many more little bits and bobs.
They have already been in once to show the new vicar his new home.
I just feel fed up we haven't found another place either and my stress levels are rising!
AIBU to ring the agents and say actually no they can wait till we've moved out?

OP posts:

Report

ballinacup · 16/07/2013 11:11

Kicking you out to move a new vicar in? Doesn't seem particularly Christian...

I'd be inclined to tell them to wait if I were you, you have a right to quiet enjoyment of your home until your tenancy is up.

Vickibee · 16/07/2013 11:11

not at all, it is your home and you are entitled to privacy.

Oldraver · 16/07/2013 11:12

I would tell them it would be better after you have left when you have packed a few things. Tell them it is in their best interest and they will be able to get a better view.

TeamEdward · 16/07/2013 11:12

This reply has been deleted

Message withdrawn at poster's request.

Bunraku · 16/07/2013 11:14

Just say no. It's not as if they can force you to let them in. I'd feel uncomfortable too.

HystericalParoxysm · 16/07/2013 11:19

If the church is the landlord they can send someone in to inspect as long as you have been given 24 hours notice. However, you might want to contact them and say that as you are preparing to move they might get a better idea of what needs doing if they came another time.

gintastic · 16/07/2013 11:26

If its a standard AST, that's not quite true. The 24 hours is with mutual agreement, they can't just give you 24 hours notice and turn up if you don't want them there. There are conflicting rights in an AST - right of the landlords to inspect conflicts with the right of quiet enjoyment. A court would have to decide whose rights took priority in any given situation. Obviously none of this affect the emergency right of access for the landlord. However, a routine inspection is not an emergency.

LadyBryan · 16/07/2013 11:29

You cannot withhold consent if the request is reasonable - I suspect you will find this is a condition of your lease.

If the church is the landlord and gives you 24 hours notice or greater they are within their rights to ask for an inspection

gintastic · 16/07/2013 11:38

You can withhold consent. They may not like it, but you have an absolute right to quiet enjoyment. Just as they have an absolute right to inspect. These rights conflict, and if it comes down to it, a court must decide. My Mum had a tenant who refused access for the gas safety check and she had to get a court order to gain access.

JudgeJodie · 16/07/2013 11:40

You CAN withhold consent. The only right of access the ll has is for an emergency. You could put a clause in an ast to say you must wear blue knickers on a Wednesday if you want but it won't be enforceable! Your right to quiet enjoyment trumps their request. Always surprises me how many people rent but don't know what rights they have, and that people come on and comment when they don't know what they are talking about. Google it and you will find a plethora of information.

minniemagoo · 16/07/2013 11:45

Why not let it go ahead, if the house is to be refurbished for a new vicar rather than a tenant they may decide to replace some flooring/curtains etc meaning you dont have to worry about cleaning them/paying for a clean. Dont worry about not having windows cleaned etc tomorrow, chatting to them may give you an indication of the standard they expect when you move out.

HystericalParoxysm · 16/07/2013 12:06

So what happens if a landlord needs to show potential new tenants around before the old ones have left? Can the current tenants refuse, therefore forcing the LL to have a gap between tenants?

FoofFighter · 16/07/2013 12:10

yes, basically HP

Mintyy · 16/07/2013 12:10

Just get it over and done with. There is nothing to be gained from being obstructive, it will still stress you because they will ask again and you'll have to say no again ...

FredFredGeorge · 16/07/2013 12:12

Withhold consent, they've kicked you out, muck them about as much as possible!

Yes HystericalParoxysm It's why landlords should be very wary about kicking out tenants... Or doing anything to annoy them.

Mintyy · 16/07/2013 12:14

They are kicking you out, op.

Mintyy · 16/07/2013 12:15

Grrrrrr, they aren't kicking you out!

Obviously.

LadyBryan · 16/07/2013 12:15

You need to be careful - you can withhold consent if it is REASONABLE. I don't get the point of being obstructive for the sake of it.

FredFredGeorge - they haven't "kicked them out", they have served notice to quit, which is quite reasonable and completely legal and the risk of renting a home.

gintastic · 16/07/2013 12:21

As said before, you can withhold consent for any reason you see fit. It is for the courts to decide what is reasonable, not the landlord. Practically speaking, if they are leaving in 6 weeks, it will not get to court as the process takes longer than this.

Yes a tenant can force a void period if they persistently refuse access for viewings.

If they have been served with a s21 notice, this does NOT mean they have to leave on that day - it is merely the earliest date at which the landlord can apply to court for an eviction order. Only the court can evict, a landlord cannot.

Landlord / tenant law is a massively fraught area, I never ever want to be a landlord...

LadyBryan · 16/07/2013 12:24

Gintastic. No you don't. Because I can tell you absolutely that no matter how badly the tenant behaves, they have ALL the rights.

No, you don't have to leave - but I just don't see the point of being difficult over what is a business relationship. And if it does get nasty and go to court, the withholding consent could bite you!

LRDYaDumayuIThink · 16/07/2013 12:28

What could be unreasonable about refusing an inspection, though?

Sure, if the OP were demanding something be repaired, or perhaps if she'd been there ages and the LL had never been able to see the place ... but she's going anyway, and they're the ones who asked to come around. It's perfectly fine to say no.

If it were me I'd ring up and say sorry, unfortunately you're unable to let them in after all. There's nothing wrong with doing that.

gintastic · 16/07/2013 12:36

LadyBryan - I know they have the majority of the rights! That's why I don't want to be one

Yes, withholding consent could bite you. I doubt most people would do it. But I think a lot don't realise that they have the right to ask for it to be mutually convenient, and don't just have to accept whatever the landlord wants. It should be a 2 way relationship, but very unfortunately it often isn't. And the landlord does have the right to issue a s21, which (as long as properly issued) the court will enforce.

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Maryann1975 · 16/07/2013 12:41

In the military, when you are leaving a married quarter (a military house for families) you have to have a pre march out visit. Basically this visit is for them to check if any work needs doing on the property and to let you know which bits need cleaning and to what standard before you leave. It's no big deal. It sounds as if this is what your landlord is wanting to do in your property. I don't get why you are trying to be difficult about it. If the timing is inconvenient, phone and arrange a more suitable time. I doubt they will care that the windows are a bit grubby, they should be able to see past that kind of thing.
I don't have any idea about the law in this area, I'm just more grateful that when we rented out a property for a few years a while ago the tenants were never a problem to us.

LadyBryan · 16/07/2013 12:45

LRDY - I just don't get why you would refuse? If it were your property and you were selling, there'd be viewings.

OP - in your position, I would just suck it up. Look at it the other way, if you discover that finding another property is really hard, if you've been completely reasonable, you may find that the landlord is willing to be flexible. If you don't, you will probably find they won't be!

LadyBryan · 16/07/2013 12:46

gintastic - oh of course it all has to be done properly.

I was a fab landlord. Now I don't give an inch I'm afraid. I'm reasonable, I do everything by the book but that is it. I've been badly bitten in the past, so now I protect myself!

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