Inspection whilst I'm on holiday

[n-i-v]

I've read several threads about this subject and hope I'm not treading on anyones toes by starting my own thread.

My dilemma is that I rent a property, through an agent. I've just recieved a letter from the agent stating that my landlord "would like to meet me at the property on 09 August to carry out a routine inspection of the property".

I've phoned the agents to tell them that I'm not available then (i'm away on holiday). They've just left me a message stating that the landlord wants to access the property anyway, and would I be agreeable if someone from the agency accompanies her?

Actually - no I'm not! My home is a private place, and I do not like the thought of complete strangers letting themselves in and having a look around whilst I'm away.

I've been here for 2 and a half years, always pay my rent in full on time, have never been in any arrears, and have always complied with previous inspections (I've always been around before).

It would seem that from the other threads - that I'm within my rights to refuse ('peaceful enjoyment' - or something similar is the phrase, I beleive), BUT to be fair they have given me more that 24 hours written notice - so do I have any choice in the matter?

I want to ring the agents back and say that they can all come for a look around when I'm back - but I want to be sure of my rights before I speak to anyone.

Can anyone help me please?

[Michael Browne]

The law states that tenants must not unreasonably refuse to allow the landlord to enter the rental when the landlord has given at least one day's notice of intent to enter at a specified time to show the dwelling to prospective or actual buyers or tenants. Tenants also must not unreasonably refuse the landlord access to repair, improve, or service the dwelling. In case of emergency, the landlord can enter without notice.

You are not unreasonably refusing if you are on holiday and it is not unreasonable (fairly important, in fact) that you are present for the inspection

[n-i-v]

Originally Posted by Michael Browne

You are not unreasonably refusing if you are on holiday and it is not unreasonable (fairly important, in fact) that you are present for the inspection

So - can I offer them a date of my own choosing (when I'm home, and available - considering my work commitments) and be within my rights?

My worry is that my landlord lives out of town and is perhaps, only local for a short period of time - hence the precise date given. Am I being reasonable if I tell them that I don't want people nosing around my home?

I may sound paraniod- but what if some damage was done to my possessions (albeit accidentally - I'm not suggestion anyone would do anything deliberately). Where would I stand if I was not around to witness it?

I hate this. I'm quite happy in my home paying my rent and bothering no-one. I appreciate that the landlord probably wants to ensure that her property is being looked after - it is! I like it here and really don't want to rock the boat - but i don't want to allow complete strangers to have the opportunity of going through the whole house whilst I'm not around.

[MrShed]

You have an absolute right to refuse access to do this - it is wholly reasonable to refuse access whilst you are on holiday.

Michael, would you mind posting where you got your information from? I have heard that before, but never seen a legal basis - I always believed that a tenant had an absolute right to refuse access regardless of any reason/notice, UNLESS it was an emergency.

[Michael Browne]

Michael, would you mind posting where you got your information from? I have heard that before, but never seen a legal basis

Can't give you legal basis, but there is very similar advice across a lot of sites

Tenant and Landlord Rights and Responsibilities


http://www.communities.gov.uk/docume...pdf/138289.pdf

4.3 What rights does the landlord have?
Access
The landlord, or landlord’s agent, has the legal right to enter the property at reasonable times of day to carry out the repairs for which he or she is responsible and to inspect the condition and state of repair of the property. 24 hours’ written notice of an inspection must be given. You should ask the landlord to set out in the tenancy agreement the arrangements for access and procedures for getting repairs done.

4.4 What rights does the tenant have?
Quiet enjoyment
You have the legal right to live in the property as your home. The landlord should ask your permission before he or she enters the premises.

Legal issues | Accommodation | University of Portsmouth

Does my landlord have access to the rented property?

You must give your landlord reasonable access to the property to carry out all necessary repairs. You do, however, have the right to refuse the landlord entry to the property if he/she does not give reasonable notice, for example 24 hours written notice.
It is advisable to ask for notice to be in writing, this can be crucial if a dispute occurs, and the access to the property should be at a mutually convient time. If it is at an unacceptable time you are entitled to refuse entry, but must arrange a time that is mutually beneficial.

[MrShed]

Thanks MB.

By the way, not questioning you - just want to try and establish once and for all whether my thinking is right or wrong.

[Michael Browne]

There are also lots of threads on Landlord forums advising them to do quarterly inspections, so presumably landlords, at least think they have the right

[MrShed]

It should be noted that even if the landlord can have access on this basis MB, there is no question that should the tenant refuse access the landlord CANNOT enter the property. He must pursue via the courts to enforce access.