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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Tenancy inspection today - can they say anything about a messy house?

285 replies

YorkshirePuddingBelongs · 27/11/2023 10:00

I have a tenancy inspection this afternoon - my landlord is a nasty prick, his DD is doing the inspection. It’s a long story but he’s been awful, sending me harassing emails, making threats and breaking the Tenancy Fees Act as well as his part of the tenancy agreement. I move next month, thank god, but he’s 100% out to get me - and I think he has likely briefed his DD to look for problems.

There is no damage in the house bar a scuff or 2 on the walls (it’s an old house with tiny narrow staircases and this was from carrying the bed up - he’s seen them before and said it’s fine it always gets scuffed). But we’ve been going through some stuff and I haven’t had time to spring clean line I always do. I have a horrible feeling she will comment on the mess. It’s mostly things like the bathtub and shower needs a clean, the kids’ rooms need a hoover etc. but I KNOW they will be looking for problems because they’ve heavily hinted at it, sending me messages about “if there’s damage you haven’t reported you will be liable for the costs” etc.

OP posts:
YorkshirePuddingBelongs · 29/11/2023 12:25

user1497207191 · 29/11/2023 11:47

It depends on what was in the tenancy agreement which the tenant signed. Many expressly make provision for the landlord or their agent to do inspections. If the tenant signs that, then the landlord has the right to inspect!

No, it doesn’t - landlords have no legal right of entry unless in an emergency. The law trumps contracts

OP posts:
lactonic · 29/11/2023 12:46

@user1497207191 A tenancy contract does not trump the law. They can choose write whatever they want into a contract, doesn't make it enforceable or lawful.

Mrsttcno1 · 29/11/2023 12:50

That is true, but if a tenant repeatedly refuses access despite communication from landlord, adequate notice given etc, then the landlord can apply to the court for an injunction to gain access. Or they can serve an eviction notice.

Crikeyalmighty · 29/11/2023 12:55

@stilldumdedumming I must admit I've not encountered this apart from at move out in all years renting- and that's even with the odd really posh agent like Savills. yep, I do think that's going a bit far

NigellaAwesome · 29/11/2023 17:43

Mrsttcno1 · 29/11/2023 12:50

That is true, but if a tenant repeatedly refuses access despite communication from landlord, adequate notice given etc, then the landlord can apply to the court for an injunction to gain access. Or they can serve an eviction notice.

And the ll can also apply for a costs order. It doesn't really apply in this case as it is the end of the tenancy and the ll sounds unreasonable and harassing, but for other posters who may be considering not permitting reasonable access, it is something to think about.

SkySecret · 29/11/2023 22:02

I was completely with you until the carpets, OP. It’s pretty standard to have the carpets properly cleaned as part of end of tenancy. I’ve rented flats 3 times for work 2 x 6 months and 1 x 9 months. Carpet clean was always expected, and as a new tenant I’d expect them to have been cleaned. Just because you can only see one stain doesn’t mean they’re not dirty. It just means whatever else you dropped on them was see through! Shoes walking on them, dead skin, dust, spillages etc.

Clean the carpets.

Raincloudsonasunnyday · 30/11/2023 15:24

Tenants pay the LL’s mortgage

On this alone you are wrong. You're not doing your LL a favour. Tenants pay to have a roof over their heads, somewhere to live and to call home. That's it. What your landlord does with the rent he or she receives is none of your business. He may not even have a mortgage.

Teder · 01/12/2023 19:00

Landlords can include whatever they want in a contract but it’s not legally binding. They can demand you stand by your bed while they check for dust bunnies behind your sofa and crumbs in the oven. The law overrides it. Any landlords who think they have a right to inspect are automatically bad landlords. They should know better.

I own my home and have no skin in this game. The OP has been treated appallingly by some people on here. She’s not living in filth, she just hasn’t prioritised cleaning in the recent past due to a huge life change. Is it ideal? Nope but life happens. @YorkshirePuddingBelongs I hope you’re doing ok.

NigellaAwesome · 02/12/2023 09:32

I think there is a fair amount of misunderstanding about landlord's rights to inspect.

If it is in the contract, it is legally binding. The difference is that the landlord cannot unilaterally enforce this if the tenant does not agree.

In that case, the landlord can apply for a court order to enforce the legally binding contract. ** And they can seek legal costs from the tenant as a result.

NumberTheory · 02/12/2023 15:28

NigellaAwesome · 02/12/2023 09:32

I think there is a fair amount of misunderstanding about landlord's rights to inspect.

If it is in the contract, it is legally binding. The difference is that the landlord cannot unilaterally enforce this if the tenant does not agree.

In that case, the landlord can apply for a court order to enforce the legally binding contract. ** And they can seek legal costs from the tenant as a result.

While that’s the route landlords need to take to try and enforce a clause that a tenant does not keep to, not everything put in a contract is legally binding. Clauses that are unfair or remove statutory rights, for instance, are not legally binding and will not be enforced by courts.

A court would not enforce an inspection clause if the landlord was trying to use it in a way that the court considered unfair or unreasonable.

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