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 should clarify that the landlord could enter in emergency in the same way as anyone else, and also they can trespass the same as anyone else. But actually if a random person trespasses in your house but doesn't damage anything you wouldn't really have a claim, so in a way a landlord actually had less rights then a random person in that way!

The usual misinformation on these access threads is bad enough, but it always seems to come from someone claiming to be a landlord or work in lettings...

The landlord or their agent only has automatic entry rights in an emergency (assuming you are a tenant, not a lodger or in a HMO). 'Emergency' does not include scheduled or unscheduled inspections or even repairs. It doesn't matter whether your contract says the landlord can let himself in, tap-dance on your dinner table or borrow your best dress every second Wednesday : you cannot sign away your rights like that.

If you refuse access, or stipulate that you must be present, then that's it. Any landlord or agent entering a property against the direct wishes of their tenant would be absolutely daft, and no credible landlord advisory agency, legal firm or forum advises doing this.

What usually happens is that landlords/agents fudge the issue and make the tenant feel obliged to consent, either because their contract says so, or they're wary of being labelled difficult etc. Or tenants inadvertantly consent, as they're led to believe there's no alternative.

I have no sympathy for tenants who act like idiots and totally refuse all access. I fully understand why landlords want to do inspections. But this whole 'well, we've given you notice so we're letting ourselves in' is bullshit. Landlords and tenants need to find an acceptable compromise, including scheduling visits so the tenant can be present, which is a completely reasonable stipulation. This is their property, but your home.

Put everything in writing. Be pleasant and firm. Happy for inspections, but no unsupervised entry. I'm available at x,y and z times: when would you like to come?

@littleeleanne it's really not me who is clueless. Why don't you do some research into the law in the area you claim to work in?

That gov.uk link is absolutely correct where it says that if you don't meet whatever responsibilities the agreement suggests, the landlord could end the tenancy by giving the appropriate notice. But then they could do that in exactly the same way regardless. So it is true that you should really be reasonable with the landlord, but it's still going to take them at least 2 months plus court possession order to get you out if you decline.

As others have said they don’t have the right to enter without your permission. If I were you I would point out to them that your child who is under the age of 16 will be present alone in the property. Ask whether their employees doing the inspection are police checked to have unsupervised access to children without the parents present and also what their child protection and safeguarding procedures are in such situations.

it's still going to take them at least 2 months plus court possession order to get you out if you decline

Yes, and the court has to decide in the Landlord's favour. If a landlord tried to end a tenancy because the tenant didn't allow inspections they would not necessarily be granted possession. A judge would have to look at the circumstances and consequences of eviction and can (and do) refuse to grant the possession order.

In case @littleeleanne is interested in looking further into the law on this - breaching the tenancy agreement is a 'discretionary ground' for an eviction application which allows the judge to use their discretion as to whether to grant it or not. Judges will not make people homeless on discretionary grounds if a reasonable defence is put forward (and will probably order the landlord to pay costs!)
Mandatory grounds are a different matter but refusing to allow inspections is not a mandatory ground for possession.

I'm still so shocked that a supposed letting agent doesn't know this

Out of interest where does a landlord stand when the block management demands access to a tenanted flat for its regular and reputable contractors to carry out work. For example painting windows. (Windows need to be open and moved during painting then left slightly ajar using window locks.)

In my case the tenant finally agreed to me being there to oversee, though it was a real bore for me. Indeed she finally started to realise that if she did not allow some flexibility, repairs she requested would not get done. (Trusted builder would do small jobs on his way elsewhere but was not able to appear in Central London at a specific time to suit her.)

At the start it was a nightmare...at least for me. Even though I would accompany workmen, rather than give keys, I was struggling to get access for even essential and statutory stuff like a gas boiler check and service.

Good workmen are really hard to find. My plumbing firm charges £160ph yet with traffic and parking it can still be difficult to pin them down to precise times. Good landlords want to keep properties maintained. I am always relieved when a tenant understands and will talk about what is possible. With the less flexible ones I am tempted to ask a 'take no prisoners' letting agency to take over management. I take an 'ask nicely' approach, but it can be tiring. I do wonder what happens when such tenants move into their own homes and realise they either have to lose a day's annual leave or drop keys off with a plumber/builder.

Having been a tenant of various properties for the last 20 years, I say...if the landlord and agent regularly make good repairs and care about the upkeep, it's worth accommodating them.

If you're nervous about letting people in when you're not home, lock private things away.

With the less flexible ones I am tempted to ask a 'take no prisoners' letting agency to take over management

By 'take no prisoners' you mean 'either ignorant of the law or willing to bully and coerce tenants into allowing things that are against the law'?

You're a landlord, you're business model is reliant on the vagaries of human behaviour. Your intransigent tenants have as much right to say 'no' to you as your decent ones. Of course it makes sense for tenants to be accommodating with regards to repairs but they don't have to. You need to build that fact into your expectations when you let out a property.

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@ittleleeleanne and @PCohle are not giving you good advice.

The landlord (or their agent) does have a right to enter the property if they have given 24hr written notice or a reasonable appointment. You, however, have the right to refuse them entry and in this case your right trumps their right. It is irrelevant what the AST agreement says about this, because a contract does not overrule statute.

You are within your rights to change the locks on the property so that they cannot gain access when you are not there, as long as you reinstate the original locks or give them the new keys when you leave.

If you're nervous about letting people in when you're not home, lock private things away.

You're missing the point somewhat, it's not necessarily about fearing theft, it's about just not wanting somebody in your home when you're not there.

Your intransigent tenants have as much right to say 'no' to you as your decent ones.

I am not denying peoples right to be intransigent. However I have statutory duties in terms of gas safety and HMO licensing which require access to the property. Plus in a block of flats, the head lease demands I help facilitate cyclical maintenance - and indeed should there be a leak or something that affects other flats I will be expected to deal with it quickly.

So choice. Break the law - either via assuming reasonable access, or by not complying with legislation designed to protect tenants. Or if faced with that choice, subcontract the task to a letting agent, who then presumably can be blamed if statutory requirements are not met.

So far I have bridged the gap by agreeing to escort/supervise workmen, but this can be a big commitment, especially when external works are being done on a flat. .

You talk about business model. There is no money and increasing hassle in BTL. I, like other landlords, am slowly selling up. Great for FTBs who have a greater choice of property (though the flat I just sold got bought as a second home - meaning one less property available to live in) but tough for those who can't afford. Rents are rising,. DD's student flat has gone up by 20% in a year, which is apparently typical. Good landlords are good for tenants. Yes, tenants are entitled to be intransigent, but like so many things in life, there is a cost. Not just the declining supply of rental property. For example I ideally agree deposit deductions with outgoing tenants so they get their deposit released on the day they leave, and save the cost of the inventory check out. I cannot do this with tenants with whom the basic level of trust does not exist. Generally life is more pleasant if landlord and tenant have a constructive relationship.

Parents generally teach their children who are home alone NOT to let strangers into the home while they are alone! Meanwhile some „strangers“ feel entitled to let themselves in? In no way is that acceptable unless it’s for ambulance/ police/ fire brigade or gas safety! Due to my line of work, I often needed access to ppl homes. Never did I show up without getting permission by the tenant, or with the tenant at home. If necessary after- or before work! I am quite shocked and would indeed change the door lock.

Not sure what you mean by "ppl". Private letting?

If it is an assured shorthold the lease will normally say 48 hours notice.

The question is whether, with notice it is still reasonable to refuse access, given most working people work during working hours and are often unwilling to take annual leave to be present.

I have statutory duties in terms of gas safety and HMO licensing which require access to the property

For matters of safety you have the right to enter without agreement if you have made every effort to get agreement or it is an emergency. You talked about painting windows in your other post; that is neither.

I am aware that many BTL landlords are selling. But in the meantime you need to abide by the law. NOT sic bullying letting agents on your tenants who don't behave as you would like them to.

@Needmoresleep: I am sorry for the confusion - „ppl“ is short for „people“.

We gerenally gave 1 - 2 weeks notice for non-urgent inspecions. That’s plenty of time to find an agreeable date with the tenant.

You are lucky! Most of my tenants sre ok, but a couple have expected me to find tradespeople outside working hours, because they are not prepared to have anyone in the flat when they are at work, and are not prepared to take time off. And one would then cancel at the last minute if she decided to, say, sleep in on a Saturday. Yet somehow expect repairs to be done.

I dont do inspections. Another hassle and an unnecessary invasion of a tenants privacy. Even if the place is a tip there is not much you can do. Instead whilst waiting I normally clean windows, though am not sure a tenant has ever noticed.