Can i demand access to my rental property?

[verybadhairdoo]

Our fixed rate mortgage is coming to an end. We want to remortgage with a different lender hence bank will need surveyor to do a valuation survey. Tenant is a bit if a pain. Asks for stuff to be fixed then isnt very flexible when we arrange for tradesmen to visit, complains how long repairs will.take etc. Fully expect tenant to either refuse our request for survey or make the scheduling difficult. What are my rights as a landlord? Given the tenant is a right pain at times, can i just tell him the surveyor is booked on x day or do i need to ask, and what if he refuses??

[lastqueenofscotland]

There are people on MN who will tell you if you give notice they have to allow access, which is a load of shit I’m afraid. If the tenant refuses to allow access you cannot just go round. To demand access it would need to go to court.
Could you speak to them nicely and see if there is a convenient time and try and generally butter them up a bit.?

[missbipolar]

Could you maybe suggest that if this doesn't happen then rent will also have to increase to cover the rising mortgage so its also in their benefit? But ultimately they can deny entry for everything including repairs

[BathTangle]

The tenancy agreement you have with your tenant should lay out the circumstances in which you can get access. Normally only for emergencies as tenants have a right to "Quiet Enjoyment" of the property which means the landlord cannot just walk in.
You will need to reach an agreement with your tenant I suspect.

[verybadhairdoo]

Thanks all, thought as much. He is just so unpleasant, i am dreading the call. He can be very rude and condescending. Sigh.

[LOVELYDOVEY05]

The best thing may just be to give notice under Section 21.
You need to give 3 months notice for this currently.
Sometimes you just have to accept that these tenants are not
going to ever be any good.
You do not need to give a reason with Section 21.
This is nothing in the scale of things.
What if they refuse the annual gas check? You could be in
trouble over this and they may know this

[YinuCeatleAyru]

your tenant has the right to quiet enjoyment of their home, which includes not disrupting their daily life for your benefit and profit.

why not try making it worth his while. presumably you stand to gain financially from this mortgage rearrangement in terms of lower ongoing costs compared to staying with the current provider. So, use some of that money to offer him a financial incentive to cooperate. Say £50 to acknowledge the inconvenience to him. Make it clear that the offer is only because he is not going to benefit from this intrusion in any other way so you won't be making any similar offer for intrusions which he will benefit from (eg repairs and maintenance)

[LOVELYDOVEY05]

Telling the tenant the surveyor is coming on a certain day may only
get their backs up. These tradespeople can be a pain.
A polite letter asking them for a few dates that will suit them may be
more considerate and asking would they prefer you to be there or
just do it themselves

[Arrowcat]

Your tenant has right to quiet enjoyment.
However it is a business and if a business is not financially viable it goes bust.
I would not offer a financial incentive. This sets you up for problems in the future.
Presumably they want to stay in the house. If you cannot get the report done you cannot remortgage.
Therefore the business becomes less profitable and there is a risk of you being forced to sell or up his rent to cover the cost.
Ultimately if he gives you too many problems about access you can section 21 (you can do this atm but will take 3 months and if he refuses to go will take at least 6 months to evict. )

Presumably he allows access for gas /electrical and the newer (and enforced ) environmental checks?

You imply you don't have a agent - it's worth considering the 10% fee just so you don't have to deal with him.

[Hellbentwellwent]

Just ask him, if he makes it difficult let him know there’s two options, 1 is notice to terminate his contract or 2 you’ll get an agent and put the rent up by 10% to cover the increase in costs to you if he continues being such a pain in the arse.

[PineconeOfDoom]

If he’s rude, condescending and difficult about access for tradespeople I would just serve notice and get him out. Life is too short to be messed around by such people.

[ThereIsNoSuchThingAsRoadTax]

As others have said, he can refuse access. You can't just put the rent up as has been suggested without his agreement unless there is specific provision in the contract (which would be much lower than 10%). Just giving a date would be the worst thing to do and might annoy even the most compromising tennant.
But, before you worry to much, will the surveyor even need access for valuation? Over many remortgages I've never once had a surveyor enter a house to value it.

[Lazypuppy]

Don't offer money!

I would ask, if he refuses then make it clear the rent will have to increase due to the increase in your mortgage which will need to be covered.

Or serve section 21 and he'll be gone in 3 months.

Yes tenants are allowed quiet enjoyment, but stuff needs to get done, and if he owned the property this visit would have to happen. I don't know why tenants are so against maintenance visits

[Smallgoon]

@verybadhairdoo

Thanks all, thought as much. He is just so unpleasant, i am dreading the call. He can be very rude and condescending. Sigh.

Baffling that a tenant would speak to their landlord like this. I'd always had a very amicable relationship with my landlords when I'd rented.

[Charlieiscool]

Try the nice way and if that doesn’t work then move towards getting him out. It is your house.

[EssentialHummus]

I've had five surveys done on various properties over the past 7/8 years; not one surveyor has entered the property. So this may be a non-problem.

More generally I'd either offer a few dates or ask the tenant to suggest a date within a certain window and hope the surveyor could accommodate. But beyond that if no survey = no remortgage = increased monthly cost I'd look to pass that onto the tenant.

[BlueJag]

I'm a landlord please join the NLA they give advice and you can have many other benefits like forms etc.
Do you keep keys for your property? We always do.
Normally you give at least 24 hours for the visit if it's maintenance or inspection.
You can meet the valuer at the property and inspect at the same time.
Your tenant can't hold you at ransom with his bad temper.
Is he at least a good tenant?

[BlueJag]

@YinuCeatleAyru why should she? As a landlord we have the right to inspect or have access to the property if necessary.
If you are a good responsable landlord you will minimise any access to a strict minimum.
Keeping a lower mortgage means the landlord can keep the current rent level.

[EL8888]

Why offer him money?! I definitely would not be doing that. Instead try to find some dates he can do. But yeah if he’s a pain then maybe it’s time for him to be given notice

[roarfeckingroarr]

Get rid of him anyway OP. No one needs a difficult tenant.

[ShellsandSand]

I hate tenants like this and I'm seeing more threads about 'tenants rights' It's what making it difficult for decent non problematic tenants to rent. My landlady calls ahead to arrange visiting or if something needs doing at the property. Honestly can't understand why it's a problem for people. Its just like having any other visit and you can just go about your business. Unless you live like a dosser then what have you got to hide? This 'quiet enjoyment of the property' shit is getting out of hand. If the request is reasonable like a repair or the like then I find it totally disrespectful to refuse the property owner access.

[EssentialHummus]

And fwiw there are lots of cases about what breach of quiet enjoyment looks like. Arranging a survey/gas inspection/similar isn’t it.

[WoolyMammoth55]

We changed mortgage provider recently and had to have an in-person survey. Initially the tenant refused access due to covid (!?) but then after we'd lost a few weeks the lenders sent us a letter saying that remote valuation wasn't possible and they'd have to attend or couldn't proceed with our application. When we sent him that letter he agreed and it all went fine and we are now sorted, about a month later than we'd have liked but hey ho!

I agree that gaining access for something necessary like this, especially when a reasonable amount of notice is given, really shouldn't be considered to breach anyone's quiet enjoyment... But that's just me.

[verybadhairdoo]

Thanks for the advice everyone. I have sent a nice email explaining the situation, and suggested a few alternative dates. Will see what he comes back with.