ChatterBank2 mins ago
Rental Property Question
Hi,
This is not related to my rental problems. I am asking for a friend.
My friend has asked to do a property inspection but the tenant has said they want to wait.
The tenants have reported repairs that are a danger and are happy for contractors to visit to fix these but not for the inspection.
The landlord has given the tenant three date with two weeks notice but they still want to put it off.
What rights does the landlord have to enter for the inspection if the tenant says no?
This is not related to my rental problems. I am asking for a friend.
My friend has asked to do a property inspection but the tenant has said they want to wait.
The tenants have reported repairs that are a danger and are happy for contractors to visit to fix these but not for the inspection.
The landlord has given the tenant three date with two weeks notice but they still want to put it off.
What rights does the landlord have to enter for the inspection if the tenant says no?
Answers
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It's the final section of Tamborine's link that's relevant, Cassa333:
"In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair".
"In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair".
Simply stating "I will be entering the property at 9am next Thursday, in order to view its condition" is all that's required. If the tenant chooses to be present, that's fine but he doesn't have to be. Otherwise the landlord has the right to use his spare key to enter the property anyway (or even to break in, if required, as long as he repairs any damage caused afterwards).
Check the lease. There is usually a 'Rights' section near to the top which covers how much notice the landlord needs to give.
If they won't allow access in accordance to the lease, they are in breach of terms and in effect, the LL could evict them if they want.
Most leases allow Landlords to have access with a set time frame of notice - if not, I would mention it to your friend and when their tenancy expires or breaks, update the lease for the renewal or new tenants lease to state that the LL has to give only 24 hrs notice before access - this way, you can ensure nothing dodgy is going on.
Your friend might also want to consider making the next lease on their property an internal & external 'full repairing' lease which would make the tenants liable for any repair works during their tenancy - if they go ahead with this, make sure you include a schedule of dilaps in the lease, so that when the lease ends, the tenant is liable for dilapidations costs for any repairs required when they vacate.
A property inspection only takes up to an hour, so why they would want to wait is a quandry.... unless they have something to hide
If they won't allow access in accordance to the lease, they are in breach of terms and in effect, the LL could evict them if they want.
Most leases allow Landlords to have access with a set time frame of notice - if not, I would mention it to your friend and when their tenancy expires or breaks, update the lease for the renewal or new tenants lease to state that the LL has to give only 24 hrs notice before access - this way, you can ensure nothing dodgy is going on.
Your friend might also want to consider making the next lease on their property an internal & external 'full repairing' lease which would make the tenants liable for any repair works during their tenancy - if they go ahead with this, make sure you include a schedule of dilaps in the lease, so that when the lease ends, the tenant is liable for dilapidations costs for any repairs required when they vacate.
A property inspection only takes up to an hour, so why they would want to wait is a quandry.... unless they have something to hide
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