Landlords Access

[RuckAndRoll]

Firstly apologies if this is in the wrong section, 'Property' was the closest I could find.

Could anyone help with regard to our landlord and access for inspections please - we're in Scotland if it helps.

We have lived in our flat for 3 years and have a good relationship with the letting agency, they come in every quarter for an inspection and we like to be present when they come to the property (infact we like to be there when anyone comes into our home, not just the agency). Previously this hasn't been a problem as I work close by so just work from home or ask them to ring when they're on their way and I head home. We've just had a letter saying we're due an inspection, no problem. But I can't be there the day they've said as I'm seeing a client 2 hours away, DH can't be there either.

We've responded with the following email (they work by emails and never seem to answer their phones if we try and phone them, they always have to call us back):
"As per previous inspections, we wish to be present when this inspection is carried out and cannot be at the property during the day on December X due to work commitments. As a result we do not give Agency X permission to enter the property on X December and respectfully request that you phone one of us (DH on XXX or Me on XX) to arrange a mutually convenient time for the inspection to take place"

They've responded saying it's not a problem they will let themselves in with their set of keys and do the inspection without us. Now, we don't want this to happen. Are we within our rights to refuse them access that specific day but try and arrange a different day? We are not blocking the inspection, we just want it to be mutually convenient. DH seems to think they have the right to let themselves in whether we agree or not as long as they've informed us.

aargh, typed longish reply and then lost it!

link here might help

no you tell them to rearrange it at a mutually convenient time.

I don't think they have the right to enter without your permission unless in an emergency, say a gas leak for example. But I'm not an expert, try posting this in the legal section too, there might be some experts on there?

Thanks bamboo that link makes it pretty clear they can't just let themselves in as it's not repairs/emergency.

Now to make them see that. They do a pretty good line of trying to tell you they're right and have solicitors to back them up, they meet their match normally with DH if they try it on.

nope, your home and they cannot let themselves in unless it is an emergency. This is not an emergency.

not rocket science to change the date. Tell them, and make it clear that is is TRESPASS if they just turn up.

They can legally let themselves in with 7 days notice in writing for any reason. Landlord and Tenant Act 1987. They can only enter the property without notice if it is deemed to be an emergency ie gas or water leak or similar.

can you show me where, skand1? landlord and tenant act 1987

i've looked and i can't see it, probably because it's a load of bull.

LLs and LAs can only let themselves in in an emergency, if the tenant gives permission or if they have a court order.

A landlord can enter for inspection purposes. Given the OPs LL regularly performs quarterly inspections, I expect that the OPs tenancy agreement also states that the LL has a right to perform this inspection. There is no legal requirement for the LL to be accompanied.

Fwiw I think it's terrible for tenants to have to contend with quarterly or any inspections. I never inspect until the end of a tenancy. Last tenant in for two years and I didn't inspect once. Current tenant in since May and I don't feel the need to bother them.

I find the OPs LL a bit odd with the punctual inspections and insistence on gaining access. It's heavy handed. But it's also the LLs prerogative unless the OP isn't on a Shorthold Assured Tenancy agreement?

The link you sent is only for chapter 31 of the Act which covers the disposal of a freehold where tenants (leaseholder owners) can act to buy etc. nothing to do with this situation.
I am on phone at the mo but will find relevant section later

no, they cannot enter for inspections.

they can if the tenant gives permission but they can't rock up and let themselves in with spare keys if the tenant says no. as specialsubject says, it's trespassing if they do. the tennent can refuse all inspections and the law on quiet enjoyment trumps any AST contract

plus, it opens the LL/LA to all sorts of allegations, like theft, if they go letting themselves in to empty homes withut permission.

skandi that is not correct. a tennant can refuse to let anyone into their home. (not saying it is wise to do so)

bamboo that's why we want to be there, our previous landlord removed a broken vacuum cleaner during an inspection and then tried to charge us when we moved out as the entry and exit inventories didn't match up.
We don't think they will do this, but we're not taking any chances, and yes we now know to get everything in writing from agencies!

DH has phoned them and they've reluctantly agreed to move it to this Friday PM (earlier than the origonal date), when I can be home. They've made it clear this is a big inconvenience for them and they aren't happy about it. The flat is less than a 2 minute walk from the office so I don't see it as a huge inconvenience for someone to walk over and conduct a 10 min inspection.

Still would like to know where we stand for future. I'll dig out our tenancy and see what it says but if I remember correctly the inspections weren't in it but a separate bit of paper with bank details for rent, phone numbers for them etc.

let them huff and puff and bluster, they know, or should know, the law, and from the shelter link it looks the same in scotland as well as england.

Friday afternoon is normal working hours. What is so inconvenient for the agents?

stick to your guns. And might be worth letting the landlord know about this - he will be paying the agents to inspect, not to annoy his tenants.

(landlord for 8 years, lots of experience of agents, argh...)

Im in Scotland and have been in current rental for 2.5 years, and previous rental 10+ years...Ive never had an inspection, ever! Current rental was through an agent but landlord has dealt with me direct for 2 years...only emails to check everything is ok.

Thanks everyone. We don't mind the inspections, it gives us a chance to point out things that are gradually getting worse and may need work soon. Yes, we would like to be left to it, but we knew about them when we signed the tenancy and moved in. Good to know where we stand when they start trying to intimidate us with 'we know best'.

special we don't have any contact details for the owner, only a name & address on the contract, she pays the agency to totally manage the property.

It's your home, they will have to re-arrange. I'm always present too for any inspections.

if you dont have anything to hide then i dont really see what the problem is?

The problem, her, is I don't want anyone I don't know and trust alone in my home with my posessions. Previously we've had problems with landlords removing things and not telling us.

I don't think it's unreasonable to ask for an agency to rearrange an inspection so it falls at a mutually convenient time so I can be in the property we live in. They have done now, but it took some arguing from DH for them to reluctantly agree.

OP, as you have an address for the landlord (as you should) it might be worth writing a good old-fashioned letter.

I had tenants who didn't like anyone coming in unless they were at home - and I think that is entirely fair and reasonable.

Inspections should be beneficial for both parties - reassurance for landlord, chance to catch problems earlier (=cheaper) and chance for tenants to point out anything that is of concern to them. What they are not is a check on how the tenants live their lives or their housekeeping standards, unless either is a nuisance to neighbours, a risk to the property or a health hazard. (note to self -never rent to sharers again... )

I am a landlord and also manage properties for numerous clients (I'm not a letting agent, it's a property management company).

If you haven't done so already, tell your letting agent and landlord in writing that you must be present at all attendances that do not constitute an emergency (and would not be deemed an emergency by the emergency services or an insurer).

This is your legal right (which is better protected in Scotland than it is in England and Wales, although I'm not familiar with the letter of the law up there as I am down here).

All LLs, LAs and tenants should be absolutely sure on the law: notice is NOT the same as consent; the times chosen for access have to be mutually acceptable to both parties; in England and Wales any other entry by an LL or LA is deemed a criminal offence under the
Protection from Harassment Act 1997.

If you like I will dig out the relevant legislation for Scotland, just post back.