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AIBU?

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Landlord aibu

34 replies

londonba · 28/07/2023 11:51

I posted about this before, but basically the landlord asked to raise my rent, then stated he would not raise the rent and my new contract would be issued under the new rent. This was around 2 months ago. I have this in writing.

my contract is due to expire next month. The letting agent has messaged me today to state they want to take photographs and measurements of the property. Aibu to think they’re just trying to relist the property and rent to someone else? I just find it strange that the new contract hasn’t been issued.

OP posts:
New posts on this thread. Refresh page
Thatboymum · 29/07/2023 15:55

londonba · 29/07/2023 12:27

So they’re still insisting on coming over today, taking photos and measurements. Apparently it will also take 2 hours to sort the cable which should have been rectified before I moved in.

i don’t think I want them to come in, forcing themselves in different rooms etc feel quite vulnerable on my own. Especially for 2 hours.

Are you always this much of a drama lama. The landlord wants pictures of a home that belongs to them I think that’s perfectly reasonable. You sound difficult and like you have something to hide and I wouldn’t be surprised if they give you notice to leave if you are this difficult for no reason

towriteyoumustlive · 29/07/2023 15:40

londonba · 29/07/2023 12:27

So they’re still insisting on coming over today, taking photos and measurements. Apparently it will also take 2 hours to sort the cable which should have been rectified before I moved in.

i don’t think I want them to come in, forcing themselves in different rooms etc feel quite vulnerable on my own. Especially for 2 hours.

You are perfectly within your rights to decline.

If you've already told them no, then they need to re-schedule. This is not an emergency visit.

And as for photos, again there is no need for this. The state of the property is completely irrelevant at the moment. It is your HOME until you move out, and THEN they can take photos to document the state of it, once your tenancy has ended.

You can trash the place to your hearts content if you wanted, but as long as you put it all back to how it was before you move out.

londonba · 29/07/2023 12:27

So they’re still insisting on coming over today, taking photos and measurements. Apparently it will also take 2 hours to sort the cable which should have been rectified before I moved in.

i don’t think I want them to come in, forcing themselves in different rooms etc feel quite vulnerable on my own. Especially for 2 hours.

OP posts:
Stratocumulus · 28/07/2023 23:05

OhmygodDont · 28/07/2023 12:05

When it expires you go into a rolling contract. They would have to give two full months notice asking you to leave. Legal notice that is. It’s also only a please it doesn’t force you to leave. You could drag it all the way to court.

If you wish to leave it’s one full calendar month notice too.

I am a LL (Landlord).

When your current contract, the AST (Assured Shorthold Tenancy) expires albeit he may want to take pictures, legally you will continue on a “rolling” contract. In reality there is no need to re-write the contract in any shape or form but I guess some agents do this because they can charge the LL a fee for doing the admin. (It’s a rip off.)

Your LL or his agent would normally do an inspection every six months. This is good practice & offers a forum for you to raise any issues.

If you are paying your rent every month & looking after the place, keeping it in good condition etc there is no need to worry. Nevertheless, by law the LL can give you 2months notice (S21) which means if you don’t move out by the given date he might get the bailiffs in. That’s another story!

Look up the Shelter web sight for information from a tenancy perspective.

londonba · 28/07/2023 22:49

It’s a new build property that I moved into 2 years ago as the first person to live there, so the condition hasn’t changed really since then. If anything I think my furniture makes the place look more trendy because the initial photos on RightMove were tragic, made the place look even tinier than it is. Also there’s a massive issue with the neighbours being noisy and other issues not being sorted, so ultimately I’ve been a good tenant and will find somewhere better.

OP posts:
HamBone · 28/07/2023 22:44

Giving you less than 24 hours notice isn’t OK, so you can definitely cancel.

But, they do have the right to inspect the property with at least 24 hours notice so I imagine they’ll just reschedule.

It does sound difficult, OP.

londonba · 28/07/2023 22:41

To be honest this agent has been to my apartments around 4 times in the last 6 months so they could have reported the good condition to the landlord at any of those visits. I did post before, essentially
the backstory is that the landlord wasn’t paying his ground rent, service fees, nor bills or council tax before I moved in. So he was sent a large repayment with debt fees etc and I think he’s trying to use me to reclaim
the money spent on his negligence

OP posts:
londonba · 28/07/2023 22:39

Bromptotoo · 28/07/2023 17:04

Your right to quiet enjoyment and exclusive possession of your home is real but so is the Landlord's right to inspect on proper notice.

I don't think @londonba would have good prospect of success for refusing access to inspect where properly and reasonably notified with reasonable flexibility as to time etc.

Doing so without notice or at a frequency greater than needed is a different kettle of fishes.

they gave less than 24 hours notice of
photos and measurements, how is that reasonable notice?

frankly they’re only coming over to extend a cable which will allow me to have tv access. This should have been sorted before I moved in. I’m thinking there’s no point them even coming over if they intend to give me
notice, as I’m not benefitting from
the repairs and am only wasting time entertaining them that I could spend flat hunting. Therefore can’t see a reason to let them inside - they can sort the TV cable when I’ve moved out.

OP posts:
oviraptor21 · 28/07/2023 18:18

Photos seems reasonable to me - the landlord may want up to date evidence that their property remains in a good state of repair.
Measuring seems less necessary unless items need replacing.
Maybe offer to send photos and measurements yourself?

Bromptotoo · 28/07/2023 17:23

towriteyoumustlive · 28/07/2023 17:08

An inspection would be fair.

Fixing something would be fair.

Taking photos and measurements would not be fair.

I would say that pictures/measurements might be fair; depends on the facts.

If, for whatever reason, the LL or his agent have not got proper up to date measurements - or there is doubt as to their accuracy - then remeasuring isn't unfair.

Neither, in my mind, are up to date photographs provided the tenant and their possessions are properly treated.

HamBone · 28/07/2023 17:15

Surely the owner was sent photos and measurements when they bought the property? The agents certainly would.

As PP’s have said, an inspection is reasonable though.

2bazookas · 28/07/2023 17:14

But the LL also said "and measure up" which means it has nothing to do with an inspection!

Measure up for what?

New curtains, carpet, sofa? A new WM to replace the one that's past its guarantee period? LL might replace "wear and tear" fixtures and fittings on a regular basis for tax reasons.

towriteyoumustlive · 28/07/2023 17:08

Bromptotoo · 28/07/2023 17:04

Your right to quiet enjoyment and exclusive possession of your home is real but so is the Landlord's right to inspect on proper notice.

I don't think @londonba would have good prospect of success for refusing access to inspect where properly and reasonably notified with reasonable flexibility as to time etc.

Doing so without notice or at a frequency greater than needed is a different kettle of fishes.

An inspection would be fair.

Fixing something would be fair.

Taking photos and measurements would not be fair.

Bromptotoo · 28/07/2023 17:04

towriteyoumustlive · 28/07/2023 14:25

But the LL also said "and measure up" which means it has nothing to do with an inspection! Photos are only helpful at the very beginning of a tenancy and once a tenant has moved out and left the property.

@Bromptotoo the LL can write whatever they want into the tenancy but it does not over-ride the tenants legal right to quiet enjoyment.

From Shelter:
Your right to quiet enjoyment
This means your right to make use of your home without disturbance from the landlord or anyone acting on their behalf.
You have this right even if you never had a written agreement, or if your fixed term assured shorthold tenancy has ended.
It could breach your right to quiet enjoyment if your landlord:

  • comes into your home without permission
  • refuses to carry out repairs or safety checks
  • interferes with gas, electricity or water supply
  • is abusive, threatening or overly persistent about any issue
  • visits frequently without notice, appointment or agreement
Unwanted visits or access to your home As a tenant you have control over who comes into your home. This is called 'exclusive possession' or 'exclusive occupation'. It means your landlord cannot come in without your permission. Your landlord may still need or want access in some situations.

@londonba - I'd put in writing that they can come and fix the aerial cable, but they do not have permission to take photos as the property is full of your belongings.

Your right to quiet enjoyment and exclusive possession of your home is real but so is the Landlord's right to inspect on proper notice.

I don't think @londonba would have good prospect of success for refusing access to inspect where properly and reasonably notified with reasonable flexibility as to time etc.

Doing so without notice or at a frequency greater than needed is a different kettle of fishes.

HakunaMatiłda · 28/07/2023 15:45

Are you aware that you don’t have to sign a new tenancy agreement at the end of the 12 month period? If you do nothing then it automatically becomes a periodic tenancy which is month to month.

towriteyoumustlive · 28/07/2023 14:25

2bazookas · 28/07/2023 14:12

That is normal . Photos are an excellent way to avoid arguments like " that crack/hole/stain/tear was already there/not there a year ago ".

Making the agents take up to date photos is a way the LL has proof the Agents really have visited the property to do the routine checks he pays them to do.
Its not a reflection on you.

But the LL also said "and measure up" which means it has nothing to do with an inspection! Photos are only helpful at the very beginning of a tenancy and once a tenant has moved out and left the property.

@Bromptotoo the LL can write whatever they want into the tenancy but it does not over-ride the tenants legal right to quiet enjoyment.

From Shelter:
Your right to quiet enjoyment
This means your right to make use of your home without disturbance from the landlord or anyone acting on their behalf.
You have this right even if you never had a written agreement, or if your fixed term assured shorthold tenancy has ended.
It could breach your right to quiet enjoyment if your landlord:

  • comes into your home without permission
  • refuses to carry out repairs or safety checks
  • interferes with gas, electricity or water supply
  • is abusive, threatening or overly persistent about any issue
  • visits frequently without notice, appointment or agreement
Unwanted visits or access to your home As a tenant you have control over who comes into your home. This is called 'exclusive possession' or 'exclusive occupation'. It means your landlord cannot come in without your permission. Your landlord may still need or want access in some situations.

@londonba - I'd put in writing that they can come and fix the aerial cable, but they do not have permission to take photos as the property is full of your belongings.

2bazookas · 28/07/2023 14:12

londonba · 28/07/2023 12:04

I asked what is happening with the new contact and they replied “the landlord wants the photos to check the condition of the property first”.

That is normal . Photos are an excellent way to avoid arguments like " that crack/hole/stain/tear was already there/not there a year ago ".

Making the agents take up to date photos is a way the LL has proof the Agents really have visited the property to do the routine checks he pays them to do.
Its not a reflection on you.

londonba · 28/07/2023 14:10

Coming over tomorrow*

OP posts:
londonba · 28/07/2023 14:10

I don't think an argument about preventing an inspection, including taking photos would fly.

what do you mean by this sorry?
The agent is coming over to add an aerial cable, which should have been actioned 2 years ago. They have messaged me today to say they also want to take photos and measurements. I haven’t booked in an inspection, it was supposed to be a repair

OP posts:
Bromptotoo · 28/07/2023 14:03

Your tenancy agreement will contain provisions about access by the LL. Normally these would be something along the lines of reasonable notice for reasonable purposes. I don't think an argument about preventing an inspection, including taking photos would fly.

Ultimately, if the landlord wants you out, for any reason or none then Section 21 of the Housing Act they can. Provided they've done everything correctly with the tenancy, protecting the deposit etc and the S21 is properly drafted and then there's not much you can do as a defence.

Depending on your circumstances being given an S21 and proceeding to eviction can help your position in the priority list for Social Housing. But unless you've got kids or health etc vulnerabilities that's unlikely to get you into a place.

S21 is a crappy bit of law but until the government get around to changing it that's where we are. In practice you get two months notice and, if you sit tight and wait for a possession order, which they need to actually evict, considerably longer.

In your shoes I'd let them do their inspection etc. If you're OK otherwise in the place I'd hang on and keep paying the rent.

towriteyoumustlive · 28/07/2023 14:00

londonba · 28/07/2023 13:50

I rent an apartment and it’s AST. The landlord is based in china and the agent thinks he’s never seen the place. Would I be okay to refuse to allow them to take photos? I think they’re using the landlord wanting to see the place as a reason, but in reality want to take photos to post online. I don’t really want my belongings online. Especially as I bought most of the furniture so new tenants wouldn’t have access to that.

Yes. You're legally entitled to quiet enjoyment of the property so perfectly within your rights to say no. Put it in writing and say you don't want photos taking as the flat is full of your belongings.

They might try issuing an S21 if you refuse though...

londonba · 28/07/2023 13:50

I rent an apartment and it’s AST. The landlord is based in china and the agent thinks he’s never seen the place. Would I be okay to refuse to allow them to take photos? I think they’re using the landlord wanting to see the place as a reason, but in reality want to take photos to post online. I don’t really want my belongings online. Especially as I bought most of the furniture so new tenants wouldn’t have access to that.

OP posts:
towriteyoumustlive · 28/07/2023 13:47

Tenancies don't expire. They just automatically go onto a rolling contract.

The LL has to give 2 months notice in line with the rent date.

HakunaMatiłda · 28/07/2023 13:44

What type of tenancy do you have?

do you rent a room or a whole house?

ikno · 28/07/2023 13:41

I would start looking at new properties