Letting agent inspections

[sandyamos]

Hi all, i wondered if anyone can shed any light on this for me,(sorry ..... it's long and waffly...) I've googled, but it all seems quite contradictory! Basically, I'm a renter, the company i rented the property from were bought out by another agency last August (2 months after i had renewed my lease with original agents - therefore my lease doesn't contain the specific wordings/rules with the new agents etc) they contacted me last sept for their first inspection, that was all fine, I have issues with people letting themselves into my home while i'm not there, so prefer agents/workman etc attend when i'm there. not unreasonable. I am due my next inspection, they called me ONCE last week in the middle of the day while i was at work, so couldn't take the call, before i had a chance to call back, i had an email from them saying they need to come and carry out their inspection, and as they haven't heard back from me they will be round monday 11th and will let themselves in with their key. i emailed back to say i'm uncomfortable with this and would prefer they did their inspection while i was there, they called back to say last time they were able to be accommodating to my request, but now 6 months later the business has expanded so rapidly they are unable to come at a time that is convenient with me, and will be coming by to inspect whether i'm there or not, and basically it's tough sh*t! I'm absolutely fuming about this - can they do that? I have been given a time of 3pm, so i either have to take a whole afternoon off of work- either unpaid, or use up my holiday entitlement for this or hope that my mum is available that afternoon to be there, so this is at a huge inconvenience to me! ALSO my teenage daughter walks home from school (and is alone until i get home from work an hour later) which will coincide with the inspection, so my daughter will arrive home to a stranger being in my property! Where do i stand? i saw laws regarding right to private enjoyment, but also i have to let them in etc? but can i refuse them entry if i cant be there? Thanks in advance

I don't think they can OP.

I got this from SHELTER the UK charity to protect people's rights to accomodation.

"Landlords must let you live in your home without unnecessary interference.

Your landlord should not let themselves into your home without your permission.

Your landlord (or anyone employed by them) should not harass you in your home or make it difficult for you to stay there."

They're actually allowed to inspect but ONLY if you give permission. Your best bet is to call Shelter yourself or reiterate in emails that you are happy for an inspection to take place but only when you are present.

HenryPennyHorror - Thanks for that, I have absolutely no issue with inspections, My LL has a right to a peace of mind his property is being kept in good cond' - i'm very houseproud and i keep the place in perfect condition anyway (coincidentally, i found out after moving in that my LL is a friend of a friend - so we know each-other anyway lol) But it just feels like such an invasion of privacy having a stranger walk around my home on their own. I pay a huge chunk of my salary every month to live there, It's not my problem they can't cope with their property portfolio, why should i be inconvenienced?

They can't just let themselves in! Refuse them access in writing & offer some other times that are appropriate for you. Explain you're not comfortable with strangers in your house potentially being there at the same time as your child.

They don't have the right to enter without your permission. Even if your contract says they do, your right to quiet enjoyment overrides any contractual terms. They may say they have the right to inspect, but entry is still only with your permission, so it's up to them to arrange a suitable time not your obligation to respond to their diktats.

If you don't want them to let themselves in, email and tell them that they do not have your permission to enter. If you're feeling generous, you can give them a list of times when it would be convenient, but this is at your discretion.

Under the Landlord and Tenant Act 1985 s.11(6) you must give your landlord access to the property to inspect it or carry out repairs. Your landlord has to give you at least 24 hours’ written notice and visit at a reasonable time of day (unless it’s an emergency and they need immediate access). See for example, www.gov.uk/private-renting.

They have given you more than 24 hrs notice and 3pm is a perfectly "reasonable" time of day (reasonable =/= convenient for you), so unfortunately they are entitled to do this. Contrary to the advice from other posters, your landlord does not need your permission to enter for the purpose of inspections or repair (they would need your permission to enter for other reasons e.g. to conduct viewings for new tenants).

Most agents are willing to try and meet tenants in the middle though so I would try and push back.

Your tenancy agreement is with the landlord, the owner of the place, not the agents - they can sign the agreement as the landlord's agent though. You have the common law right to the quiet enjoyment of the place, whatever might be written into the tenancy. They cannot enter unless in an emergency and this is not an emergency. Refuse. Change the lock barrel. Keep the original one to put back when the tenancy ends. They are arseholes who don't know, or are blatantly disregarding, the law.

I'd offer to facetime them and show them round remotely in an attempt to show I was willing to let them inspect but won't be steam rollers into what they have proposed.

Put in writing that you do not give them permission to enter, and if they do you will be contacting the police for harrasment.
Thwy a not allowed to do this. The laws surrounding it are very clear.
It's not your problem they can't do a convenient time! That is their problem to solve.

PCohle - There is nothing in that link that says anything regarding entry. on the CAB website, i can make a complaint to an independent complaints body for: "they’re harassing you, for example by entering your home without your permission" i take that to mean they still need my permission to enter? i'm not stopping them from doing an inspection, i would just like the courtesy of being there when they do it.

ALSO - The Housing act 1988 supersedes the tenant act 1985 surely? In accordance with the Housing Act 1988, your landlord or letting agent must notify you in writing at least 24 hours before they wish to enter your home. Standard tenancy agreements will state that the landlord should ask, in writing, to visit only at “reasonable times of the day”, allowing you the opportunity to be present during the visit, give time to tidy your home, and arrange a witness to be present if relations with your landlord are poor.

They're trying it on as they are relying on most tenants not being familiar with the law.

They absolutely cannot enter your property without your permission unless it's an emergency, regardless of how much notice they give.

YANBU to want to be present - I'm a tenant and don't allow access unless I'm here.

Tell them (in writing) that you are not giving permission on this occasion and provide them with a time that is convenient to you.

You are perfectly entitled to just refuse all inspections and there’s nothing they can do. If you decide to allow them to inspect, they can only do so at a time agreed by you. They absolutely can not just let themselves in. Get them told!

Thanks for the help all. 3pm really isn't a reasonable time of day imo! especially as they know i'm at work at that time. reasonable for them maybe, but certainly not for me.

As many have already said, a landlord or their agent absolutely CANNOT, CANNOT, CANNOT enter your property without your permission.

Are you aware that it's not even law that they have to have a key? In fact, it could be breaching your contents insurance as people unknown to you have access to your property and your insurance could be invalidated.
If an emergency requiring access occurs then the LL can legally call a locksmith or the emergency services can gain access by force (depending on what the emergency is.)

Whenever I move into a new rented property I change the locks and keep the old ones. At the end of my tenancy, I change them back and return the keys. It is easy to do yourself using a YouTube instructional video or getting a handyman out for a quick job. This ensures that no one comes into my house without permission whether that is an agent of the landlord or an ex tenant. I once had a junkie friend of a previous tenant let themselves right into my house because they were too out of it to remember that their dealer friend had moved but they still had a key. So now all my locks get changed.

And whatever you sign on your tenancy agreement, no signed lease overrides the law. You cannot sign your legal rights away.
I used to act as a stand in agent for a very dodgy LL and despite what I was told to do, I was very frank with the tenants and told them what was legal and what was not and what to do to protect themselves such as taking detailed close up dated pictures before moving in and even more after moving out so the LL wouldn't get to keep their deposits illegally. He tried. He often failed.

Hiya OP. I work in lettings and it all depends what your current AST states. If the wording in your AST states that the LL can enter with keys if given the correct notice (as stated above, at least 24 hours in writing etc) then they can enter, you have given them consent to this by signing the tenancy agreement. However, with your DD being under 18, we as a company would definitely not enter with keys. That is certainly not fair on you or your DD. I would express your concern to the lettings company about this. We as a company would always make an effort to try and accommodate any tenant that didn't want us to enter with keys without being present. It sounds if your lettings company are being a little frustrating however are 'sticking' to the tenancy agreement.

No they can't.
Please don't let them walk all over you. Tell them you do not agree. If they don't inspect this week nothing will happen, they will just have to reschedule to another time.

I work in lettings and it all depends what your current AST states. If the wording in your AST states that the LL can enter with keys if given the correct notice (as stated above, at least 24 hours in writing etc) then they can enter, you have given them consent to this by signing the tenancy agreement

I'm not surprised that someone who works in letting spouts such patent bullshit

No, it doesn't depend what's in the AST. Landlords CANNOT enter without agreement at any point during the tenancy unless it is for an emergency, or to carry out essential safety maintenance such as gas safety, and then only if the tenant doesn't comply after a reasonable number of attempts.

You're so wrong I can't even. Who trained you?

OP, phone someone at Shelter. They will tell you exactly what your legal rights are. Don't expect a Landlord or their agents to tell you the truth as the law is very pro-tenant.

Apologies that the link isn't working for you. The relevant section states: "You must give your landlord access to the property to inspect it or carry out repairs. Your landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access."

I'm not sure what provision of the 1988 Act you're referring to - bar the s.16 provision regarding access for repairs in assured tenancies, I'm not aware that any are relevant. Happy to be pointed in the right direction.

I'm not sure what source you're quoting from in your post but you'll appreciate that your quotation differentiates between the statutory requirement (notice) and "standard tenancy agreements" (consent). If your tenancy agreement requires your consent before your landlord/his agent can enter than that's of course a different question (though such a provision would be unusual).

I fully appreciate 3pm isn't convenient for you, or indeed most people, but it's not an "unreasonable" time for inspections to be carried out e.g. 4am. It isn't "reasonable" for the law to expect landlords to conduct repairs and inspections only between 8-9am and 5 -7pm either.

I'm sorry you seem unhappy with the advice I'm offering, and I fully appreciate it's not what you want to hear. I would always advise people to take proper legal advice from a professional, not strangers on the internet. I just don't want you to be misinformed when discussing this with the agent.

As I've said, most agents are prepared to be reasonable and I would certainly push back. Unfortunately, and contrary to what most people on this thread seem to be advising you, I don't think you hold all the cards here.

THey shouldn't have a key. We have private let properties and don't keep keys for our properties. We change locks at the end of a tenancy and all keys are given to the new tenant. Housing association properties don't keep keys to their properties either.

@BorsetshireBlew - why are you so rude? Do you find that button bashing across a keyboard helps you release some kind of pent up anger that you feel you're unable to release in your day to day life? Rather unnecessary and I hope nobody takes any kind of advice you may have given or be planning to give. I
I only work for an independent company that's been running for 21 years and has a portfolio of over 1500 landlords - I mean what the hell do I know?
People are hilarious - the letting agent will have a key because the LL has instructed them to do so.
What you sign in your agreement is what stands - otherwise what would be point in having one?

I'm rude because I despise letting agents who don't know the law (met too many) and I'm disgusted that you have been coercing tenants into allowing visits into their own homes when they aren't in agreement.

Tenancy law provides the right to quiet enjoyment of the property. No tenancy agreement overrides that (and yes, caselaw has shown that quiet enjoyment means turning down unnecessary inspections and visits). I'm astounded that you seem to think a tenancy agreement is an automatically legally binding contract. You do understand that if a tenant goes against terms of the agreement you have to go to court and persuade a judge that you have the right to force them to abide by them don't you?

@BorsetshireBlew - I don't really have any words for you - you sound pretty clueless

As Borsetshire points out you have the right to peaceful enjoyment of the property - not your problem that they cannot cope with their workload.

I would also point out to them that there is a safeguarding issue if they arrive when your daughter, a minor, is there unaccompanied.

Actually borset is exactly correct, while the tenant has possession of the property the landlord or agent has exactly the same powers of entry as any other random person, ie invited only.
The only special power the landlord has is the ability to seek possession of the property via the courts. However they only gain the right to entry after the bailiff has taken possession on her behalf.
I've signed all sorts of rubbish in tenancy agreements but none of it has been enforcible. But there's no point arguing ahead of time.