Letting agent says they can come inspect whenever they like?

[eliphant]

Wonder if anyone knows about this. Does a letting agent have the right to enter your home for quarterly inspections at whatever time they wish, without having to ask your permission, as long as they have given 24 hrs notice?

The tenancy agreement just says I agree to let them have quarterly inspections. Didn't say they can come whatever time, but the agent is telling me now that they can come whenever they like as long as they give 24 hrs notice because "I signed it off in the tenancy agreement that I agree to quarterly inspections and it is the law that they can do that." but I can't find anything in the law or otherwise saying they can come whenever they like for quarterly inspections. Plus they say that when they give written notice of inspections, they can only give a date and not a time because "they can't possibly know when they will arrive at my house on the day as they have to do several inspections on the same day at different houses." I can only find laws saying the landlord can come in for emergency repairs - i.e. some really pressing issue. An inspection to me, does not constitute a pressing issue requiring access at whatever time they like?

But basically now they are telling me that they don't have to arrange a mutually convenient time to come and inspect? Imagine them letting themselves in when someone is alone in the house, sleeping, or just coming out of the shower, or in the shower, etc.? Surely that is not legally enforceable? I'm just uncomfortable with that. I wouldn't mind them having inspections if it was agreed beforehand though, but not letting themselves in whenever they like?

Serving a section 21 is last last last resort.

You'd have to do something pretty bad to get one of those. ive had tenants damage property and be really filthy in living standards and still got to stay.

It's v hard to get a tenant out if you really need to, so they won't go down that route for none compliance of t&cs regarding inspections.

Really try and contact the landlord. If I had a tenant refuse inspections I would be v suspicious, but in the circumstances you are in, as a landlord I agree with you.

Remember the landlord has to pay the same fees as you. So they pay hefty amounts to agents as well and need to know if the agent isn't doing the job properly.

Are you absolutely sure you are not being arsey for the sake of it?

Agents do have to inspect properties -- not to check up on you necessarily but to make sure there aren't any slow-burn problems that you haven't noticed. They will write the terms into the contract, and in your case it's a (pretty standard) 24 hours notice. It would be nice if they could agree an appointment, but perhaps they're due to inspect 10 properties that day and might be late? If they've given you 24 hours notice and a four-hour window, you're not going to be walking round naked at that time are you? And a single person renting a property might well be alone in the house: it's not shocking. You don't even have to be there. Why not speak to them like human beings and ask if there's any reason why they can't narrow the window a bit as you'd like to be there?

And for all the people getting up on their high horses about rolling contracts -- has it ever occurred to anyone that a rolling contract is not necessarily in your best interests? The landlord could chuck you out with one month's notice. Now it is true that you shouldn't have to pay an admin fee on a rolling contract, as it just becomes automatic, so perhaps they are trying to pull a fast one. But do think about the benefits of six months' security when they can't put up the rent.

Finally, the landlord is paying the agent to manage the property so that she doesn't have to. Of course all correspondence should go through the agent, and they will try to protect her as much as possible from direct negotiations with the tenants.

Well it depends how often they pay the rent. But, yes, you're right -- it would be two months if they pay monthly. I was being rhetorical.

As was the OP: the agents were not proposing 'letting themselves in when they liked'. They gave notice and an approximate time. It would be more convenient for her if they could be more precise about the time and negotiate it -- but it's still not 'letting themselves in when they liked'

What do you mean you were being rhetorical? There is literally no circumstance in which a landlord can give a tenant one month's notice. Tenants who intend to move house at an unknown point in the next 6 months won't benefit from a 6 month contract will they? Don't be so patronising

Yes there is -- if they pay rent at two-weekly intervals.

And of course if tenants intend to move house at an unknown point in the next six months they won't benefit from a 6-month contract. But if they want to stay put, they will. I merely pointed out that it does sometimes benefit the tenant. In fact, some tenants want one- and two-year contracts.

If the tenant has an assured shorthold tenancy it's 2 months, regardless of rental payment schedule.

I am aware that some tenants like long contracts, my point is that it's very patronising to point out that people might benefit from a 6 month tenancy over a rolling contract as if people don't all have different circumstances and can't make judgements for themselves.

I let my tenant choose whether to go on to a rolling contract (no charge) or for us both to pay the fee for a fixed term of his choice.

he chooses the latter, which means we can't ask him to leave unless he breaches, but he can give a month's notice. We've no intention of asking him to leave but it is his call.

but if it was a rolling tenancy, the notice would be two months from us. And as we aren't in London, rents are governed by sensible market forces and the rent will not be going up for the foreseeable future.

oh, and even with notice of a visit, neither agent nor landlord can go in without tenant agreement. But if a tenant wants the property maintained, they have to allow access.

the only exception is an emergency; the annual gas safe certificate counts as that.

No I'm not moving. No way. Not spending extra money on this if I can help it. We are intending to buy and hope this is our last stop.

I've just got some advice from friends experienced in these matters. Basically by letting themselves in at any time they like (even if it is ON THE DAY they said), they are leaving themselves open to claims of theft from the tenant if something goes missing that day when the tenant is not in, and the tenant can make a police report. Why do this at all?

Also they failed to give notice. That leaves them open to claims of criminal trespass. They say on the phone they have records of the texts they sent to me informing me of the inspection and subsequent change of inspection times. And thay they texted both me and my husband have not received them. Well incredibly we haven't. Yesterday I insisted the manager send me texts while I was on the phone with her to confirm that they are coming next Tuesday. Lo and behold, the texts arrived. If they're going to rely on that dodgy texting service of theirs which seems temperamental at best, they be best to serve up registered letters as well, or at least give me a phone call. Some people might think that it's fine to have agents coming into their homes for inspections at whatever time they like ON THE DAY, well that's their choice. I'm not putting up with it. The agents have a job and they can do it better. A 4 or even 6 hour window is not acceptable. In the days of Google Maps and satnav, there is no excuse not to know when they're gonna turn up at somebody's house and plan in advance. If a tenant is not okay with them letting themselves in without arranging a mutually convenient time, they cannot override that wish unless it is an emergency or pressing issur, e.g. gas safety checks. They can be taken to court for harassment or trespass if they persist in doing this. Especially if they do quarterly inspections, which is quite frequent.

And lastly their refusal to supply landlord's details due to the data protection act does not absolve them from their legal obligation to provide a tenant with the landlord's address. I have contacted my local Housing Officer about their non-compliance of this.

Google tenants right to quiet enjoyment. I dealt with a pushy agent once, quoted that at her and she backed right off
I have quarterly inspections in my new rented house but the agents book a time with me.

Seriously though, as a landlord, the agent can't just randomly kick you out - they have to run everything past the landlord first and unless it was a pretty major reason the LL won't agree, they don't want to lose their rent.
I think contacting the LL is a great idea, if my agents were being unreasonable and my tenant told me that I'd swop to a new one, my loyalty is with the tenant not the agent, especially to a completely accidental landlord which it sounds like your landlord might be too.

If I were you I'd write to the agent and clearly say that you don't give permission for them to enter in the four hour period but suggest say three two hour windows that would be convenient for you, which seems a fair compromise. Quiet enjoyment is the thing to quote!

I'd absolutely try and get on good terms with the landlord personally, and if you're worried about the agent and want to stay I'd sign the renewal. If the agent manages to persuade the landlord you're difficult and you're on a rolling contract you could be served a section 21 notice for any reason (or no reason) at all completely legally.

Awesome, you are getting informed and playing hardball! Well done!sorry I misunderstood your post, I thought you wanted to move out.
Giving notice is not the same as getting agreement. I had an agent fail to confirm an inspection once and as a result they entered my home without my prior agreement. I was furious and insisted that all appointments in future were arranged by email and not considered confirmed until I had responded. They were apologetic about the fuck up and agreed to my email insistence.

I rent and the inspections are done at a mutually suitable time and can be booked as earlier as 6.00am.

I usually book it for 7.30am which is just before I leave for work.

It would be impossible for me to take half a day off work four times a year just for a house inspection.

Im still fuming about the agent charging £20pcm to be on a rolling contract - and Im a landlord.... They dont need to do a thing, the contract just becomes rolling.

Agents recently seem to be finding more and more ways to make money (they are a business I suppose), but its certainly not proportionate to the effort, hours or expertise they put in. My recent agent wanted £60 to put the deposit into DPS ie make a 2 min bank payment) and then they f*ed it up anyway!!