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Inspection without permission

Started by Pori78, August 26, 2014, 05:41:44 PM

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Pori78

Hi folks,

I recently rented a flat to a couple of students and they are due their first quarterly inspection. I tried to agree a date but they cannot be present for it so I suggested a 2nd date for which they are still trying to push back on. I don't want to appear to harass them but they have already damaged a washing machine that required a small repair I didn't oversee so no idea what other damage they might have done. I have emailed them saying:

"You took possession of XXXX on 29th May 2014, and since you have already (verbally) declined my first request for an inspection on Sunday 31st August 2014, I'm afraid I cannot delay your first quarterly inspection much further. Please be advised that legally I am obliged to give you 24 hours notice for an inspection. As such, I am now giving you 19 days notice for an inspection that I will be conducting on Sunday 14th September 2014 at noon (12pm)...You and XXXXX are not obliged to be present, but I would recommend you(both) are present as it will give you(both) the opportunity to raise any issues. We will ring the doorbell and if we don't get a response we will enter the premises and conduct the inspection."

Am I within my rights to carry out an inspection without their consent given them that I have provided 2.5 weeks notice? It is written into the lease that I am entitled to do quarterly inspections.

Any advice would be much appreciated!


Riptide

Seems fine to me.  They may have finished growing their latest crop by then aswell.

Hippogriff

You are within your rights.

I visited two students in a 26th floor apartment just the other day... bit messy, but expected... what stunned me was one of those large plastic garden buckets slap-bang in the middle of the living room floor full of water. Gallons of it. Why? Why would you do that? I've asked them, and also asked them to be very careful... all that water could cause massive damage to the real walnut flooring, the underfloor heating system and the poor bugger on the 25th floor.

Inspections are necessary with certain [types of] Tenants... don't allow them to obstruct you.

Pori78


MrCredible

In this circumstance, where they have been obstructive, I'd say that 21/2 weeks
is way too much notice to give, but given that you have, go for it, and hope for the best.
It does at least give them time to have cleaned up their mess/greenhouse etc !

Good luck, and please let us know how it goes.

propertyfag

haha how random, bucket of water in the middle of the living room! Makeshift bath?

You should have taken a picture!

Hippogriff

I re-visited last night (long story about a GU10 recessed bathroom light fitting - I hate those stupid things) and it was gone. A polite nudge got my desired outcome. Still no idea what they were doing with it... they didn't bother to tell me... I haven't got the heart to pry.

TomTomTom

I would be very carefully to enter without permission.
The tenant moved in and pay the rent.
Yes you have formally the right for an inspection but you can not force your right to access.
What will you do if they changed the locks (btw that is their right)?
Normally you should not have keys to access the property.

In doubt take it to a court.

The problem is, if something is gone or only the tenat said they are missing something you are responsible.

NEVER ever enter without a permission. I mean an active permission.

In my opimion you are going the wrong way. Ask them to make an appointment.

They only need to say NO and your letter is useless.

Hippogriff

There is some stuff in this post that is wrong.

The advice given to the OP was not to enter without permission, it was to formally give the Tenants notice that an inspection will take place on X date at Y time. The Landlord does have the right to inspect their property that is being rented. In normal circumstances the Landlord would absolutely never enter with permission - but these do not seem to be normal circumstances. The advice given to the OP was that giving the Tenants very reasonable notice, after being fobbed-off numerous times, is the right way to go." This doesn't amount to entering without permission... it amounts to entering with notice given if no response is received.

If they've changed the locks (that bit is right) then I'd see that as an escalation, of a trivial matter, by the Tenants and they would, in time, no longer be my Tenants. If they responded to the communication saying "no permission" was granted then it'd probably cause further thought... again, leading to them not being Tenants of mine at the earliest opportunity.

Your suggestion to "Ask them to make an appointment." is way off base... the OP had attempted this twice before the thread was started.

Pori78

Thanks for the clarification Hippogriff. I'm conducting the inspection today. I checked on Which and they suggested taking a copy of the Check-In Inventory with me for reference, taking photos and even a copy of the lease with me.

Nap3

I have it written into my students' contracts that I come once a month to do the cleaning. If I didn't, there would be serious maintenance issues. They never clean out the hair from the shower, there is usually rubbish strewn over the garden. It's the only way to ensure there aren't major health problems - it's in their interests too.

Riptide

I would write it in the contract that a cleaner would be paid to do that and adjust their rent accordingly, all tax deductible of course.

Nap3

It's good to get into the property once a month to see what they are doing. I take photos while I'm there, it's all good proof that I might eventually need.

Hippogriff

While I support inspections, I would think that 12 times a year is overly intrusive and is only a good strategy if, as Nap3 is, a service is being provided at the same time - and the Tenants are supportive of that. A Landlord is not a parent. Even student types have to learn how to stand on their own two feet (to some extent) when they move into their, possibly first, rented property. The last comment does worry me somewhat... it seems like overkill from an outside perspective... but we are all different and, of course, this would probably only really work well if the Landlord is local to the property.

My own approach is annual once beyond the first year, but in the first year I do one at the 3 month stage. If there are issues I'd do another at the 6 month stage, but if there are no problems then I'm unlikely to do one for another 9 months. I'd stress... this does not imply I'm an absent Landlord after that, far from it.