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Original poster

Are tenants legally obliged to allow work on house by landlord?

77 replies

PomBearWithoutHerOFRS · 17/09/2021 11:29

I know it's an odd question, but is a tenant legally obliged to allow the landlord to carry out work?
For example, fit a new kitchen or windows? Assuming the existing ones are fit for purpose, so work isn't urgent, and tenant hasn't asked for it. Can landlord just say tenants must allow surveys and workers in on a date set by the landlord/contractor
Do tenants have a right to decline?

OP posts:
Marni83 · 17/09/2021 15:33

Now I’m confused!

Quite clearly that HA agreement says improvement works.

If repairing is no longer cost effective
The HA is completely within its right to enter in order to improve

The flat belongs to the HA
And will eventually be used by someone else
It is important that it is maintained
And that includes cosmetic improvements such as new kitchen cupboards and floors

Marni83 · 17/09/2021 15:34

@LegoCaltrops

Our previous LL wanted to replace the carpets mid tenancy (which weren't new when we moved in). They'd spotted they had holes in, when they did an inspection, the first inspection they did, about 7 years after we moved in. They probably realised it was a safety hazard. I replied by email that as we had a young toddler who would shortly begin potty training, the timing wasn't very sensible for them or us. Also, they were asking us to a) move absolutely everything we owned into either the kitchen or into storage units for a week, & b) go on holiday while they did it, it wasn't really viable, but they never came up with a solution to that... They weren't even offering a rent reduction or to cover the cost of moving our stuff. They dropped it in the end, & replaced the carpets after we moved out another 5 years later. They were really quite awful LLs though. We had a gas fire with a condemned sticker on it for about 3 years, & a hole in the kitchen ceiling for 18 months after some boiler works were done & they didn't bother to get a plasterer in. And a hole opened up under the floor just inside the back door which they just never fixed, it's probably still there, it could be an inch deep or 12 feet, goodness knows, you can't tell because of the floor covering.
What do you think private owners do when they get replacement carpets?

It’s a pain in the ass

But not exactly a deal breaker

MeAndDebbieMcGee · 17/09/2021 15:34

Yeah you're confused alright 😂😂 maybe stick to subjects you know about.

Interested in this thread?

Then you might like threads about this subject:

Property legal advice
Marni83 · 17/09/2021 15:35

How?!

Quite clearly “improvements” are included in that tenancy agreement

Original poster
PomBearWithoutHerOFRS · 17/09/2021 15:36

No electrical items supplied by HA. Their properties are let completely empty. When someone moves out they have to strip the entire house to the bare boards - curtain rails, carpets, any light fitting that isn't a basic single bulb drop fitting - everything has to come out.
And even if the new tenants could actually really use the carpet, it can be new, or laminate is down etc, it still has to be removed.

OP posts:
crowsfeet57 · 17/09/2021 15:36

An HA won't offer you windows or a kitchen again for 15-20 years. Think carefully before you reject the offer

25 years for a kitchen in the HA I work for! If the current kitchen won't last another 25 years you should let them do it.

Clocktopus · 17/09/2021 15:38

You still have the right to refuse regardless of tenancy agreement as quiet enjoyment takes priority.

The previous tenant here refused a new kitchen, new bathroom, new stair railings, and new roof.

trappedsincesundaymorn · 17/09/2021 15:40

And that includes cosmetic improvements such as new kitchen cupboards and floors

Well no, because prior to a new tenant moving in the property is inspected, so anything that needs repairing/replacing/upgrading will be done then. You can (or at least I could), refuse a kitchen/bathroom upgrade if you are happy with the one that is there.

MeAndDebbieMcGee · 17/09/2021 15:41

Oh bless you @Marni83, you sweet summer child.

Marni83 · 17/09/2021 15:43

@MeAndDebbieMcGee

Oh bless you *@Marni83*, you sweet summer child.
Goodness You sound so unpleasant
MeAndDebbieMcGee · 17/09/2021 15:46

🤣🤣🤣 that's us council types for you 🐱

Clocktopus · 17/09/2021 15:46

that's us council types for you

Grin
Marni83 · 17/09/2021 15:47

@trappedsincesundaymorn

And that includes cosmetic improvements such as new kitchen cupboards and floors

Well no, because prior to a new tenant moving in the property is inspected, so anything that needs repairing/replacing/upgrading will be done then. You can (or at least I could), refuse a kitchen/bathroom upgrade if you are happy with the one that is there.

Not unless continual repairs mean that no longer cost effective to keep repairing

OR

If a hazard has been identified argued that they are endangering the tenant by not replacing

Marni83 · 17/09/2021 15:48

You work for the council? Or live in a HA flat?

SpittinKitten · 17/09/2021 15:49

@PomBearWithoutHerOFRS

No electrical items supplied by HA. Their properties are let completely empty. When someone moves out they have to strip the entire house to the bare boards - curtain rails, carpets, any light fitting that isn't a basic single bulb drop fitting - everything has to come out. And even if the new tenants could actually really use the carpet, it can be new, or laminate is down etc, it still has to be removed.
Yep. Also any changes not done by the HA need reversing. I've been given Adult Social Care funding and a grant to move my bath/install a shower (disability reasons) and need to change it all back to how it was when I moved in at my own expense if I move out, according to my HA.
Marni83 · 17/09/2021 15:51

boiler replaced and it was a massive fucking hassle. Windows would be too. Time off work, time spent moving everything around etc.

But what do you think private owners do?
It’s inconvenient, yes
But then you get a new boiler or windows - which will be more energy efficient

Clocktopus · 17/09/2021 15:55

Private owners can schedule it at their own convenience or at least choose the least convenient time. Social Housing tenants get told "we're coming on xx-date", if it's not convenient and/or they can't get time off work then of course they should be able to refuse.

VeryLongBeeeeep · 17/09/2021 15:58

What do you think private owners do when they get replacement carpets?

Arrange it when it's convenient to them and find a fitter who is happy to work around the fact most people will be living in their home while the work is done?

Marni83 · 17/09/2021 16:01

@Clocktopus

Private owners can schedule it at their own convenience or at least choose the least convenient time. Social Housing tenants get told "we're coming on xx-date", if it's not convenient and/or they can't get time off work then of course they should be able to refuse.
Absolutely
nwatty · 17/09/2021 16:03

@PomBearWithoutHerOFRS

I know it's an odd question, but is a tenant legally obliged to allow the landlord to carry out work? For example, fit a new kitchen or windows? Assuming the existing ones are fit for purpose, so work isn't urgent, and tenant hasn't asked for it. Can landlord just say tenants must allow surveys and workers in on a date set by the landlord/contractor Do tenants have a right to decline?
Housing Associations legally have to have their property meet set standards, this includes replacing windows and doors at set intervals and things like roof replacements also. I would imagine they would be able to obtain a court order to gain entry on a set date for the works if refusing to allow access meant that they were failing to comply with the legislation.
Marni83 · 17/09/2021 16:07

* I would imagine they would be able to obtain a court order to gain entry on a set date for the works if refusing to allow access meant that they were failing to comply with the legislation.*

Correct

mumwon · 17/09/2021 16:12

@Marni83 I burst out laughing at the thought that you get much choice from british gas for any appointment
experience - servicing boiler - cancelled in feb 2020 booked for September cancelled a week before booked for Jan 2021 cancelled booked for july - we finally had it serviced it december 2021 & technically you have an am booking (sniggers) ...
As for new boilers you have very little choice when you get them installed & company's (not just BG) cancel at last minute or just don't turn up
they are in control - even though I own property & live there & pay directly for them -

Clocktopus · 17/09/2021 16:13

I would imagine they would be able to obtain a court order to gain entry on a set date for the works if refusing to allow access meant that they were failing to comply with the legislation

Issues relating to safety - e.g., replacing a boiler that is no longer legally compliant - are non-negotiable and the council would be able to insist on access for this although they would work with the tenant to find an agreeable solution such as scheduling it for a convenient date or even offering a financial incentive (there are funds set aside for this).

Something like a kitchen upgrade or new bathroom cannot be forced unless it was a health and safety issue, which in most cases it won't be. When tenants refuse these works they usually have to sign an opt-out form to say that they understand what they are opting out from and that this means they won't get a new kitchen/bathroom/windows, etc until the next round of works.

Marni83 · 17/09/2021 16:25

[quote mumwon]@Marni83 I burst out laughing at the thought that you get much choice from british gas for any appointment
experience - servicing boiler - cancelled in feb 2020 booked for September cancelled a week before booked for Jan 2021 cancelled booked for july - we finally had it serviced it december 2021 & technically you have an am booking (sniggers) ...
As for new boilers you have very little choice when you get them installed & company's (not just BG) cancel at last minute or just don't turn up
they are in control - even though I own property & live there & pay directly for them -[/quote]
Same experience here
As a private owner

It was a farce at the end.
Cancelled 4x!

nwatty · 17/09/2021 16:27

@Clocktopus

I would imagine they would be able to obtain a court order to gain entry on a set date for the works if refusing to allow access meant that they were failing to comply with the legislation

Issues relating to safety - e.g., replacing a boiler that is no longer legally compliant - are non-negotiable and the council would be able to insist on access for this although they would work with the tenant to find an agreeable solution such as scheduling it for a convenient date or even offering a financial incentive (there are funds set aside for this).

Something like a kitchen upgrade or new bathroom cannot be forced unless it was a health and safety issue, which in most cases it won't be. When tenants refuse these works they usually have to sign an opt-out form to say that they understand what they are opting out from and that this means they won't get a new kitchen/bathroom/windows, etc until the next round of works.

I'm not sure what area you are in that has funds set aside for that but there certainly aren't any funds for negotiating access where I am. If the tenant refused access leaving the landlord non-complaint it would be taken down the legal route and the costs placed on the tenant.