Final inspection

[blue_eyes777]

Hi all!

My tenants are moving out in 2 months as per the end of the contract and one of the tenants is irascible to say the least!!!
i havent inspected since January and never officially and have been very accommodating...been in to help with setting up their hifi, leaving things in the property they wanted to use etc.

In return, they are keeping cats and have lied about it, seen rips on the sofa back in January .
I am worried.

My partner is returning to the UK at the start of August / and myself at the end of August.

She would like to go to the property to have a look and will of course give the correct notice but am concerned the tenant will refuse.
If the sofa is still torn / what redress do I have it is not put right?

What do you advise.
Her last email was...
Oh dear...the tenant has confirmed it is my 1000 bed that she has thrown away the mattress to. She offered to get another mattress and I said that was fine but that I would like an input into it because it was a special one for my bad back.

She then replied...You know what forget it I am just going to move when the contract is up on the 24th of September I cannot deal with your e-mails and you as a person in general and your mattress did smell really bad from some sort of musty smell our kids do not lie. Myself and Colm smelt it as did my friend. Its not worth it to ask you for anything I'd rather just move out. Please do not e-mail me again go through the agency from now on.

Good Luck


OUCH!

[MrShed]

I dont understand the query here, and also can you try and keep to one thread instead of three?

[blue_eyes777]

Sorry about the thread starting.
My query was how to go about getting an inspection with a very rude and irascible tenant who will probably ignore an inspection request.

[MrShed]

You have no need to inspect before you reclaim possession of the property, and, perhaps more importantly, no real way of enforcing before this point anyway.

[blue_eyes777]

Sorry cant agree...why do I have no need to inspect a property that hasnt had an inspection for 6 months???
Last time I went, concrete steps had been built outside the conservatory without permission, the carpet removed in the bathroom and bare floorboards remaining...

So if I take reposession in September and I find my place ripped to bits...people would have said...shouldnt you have done regular inspection visits!!!?

[MrShed]

Dont agree. Doesnt really bother me - the most important fact is that you CANNOT enforce an inspection in the timescales involved.

By the way, the reason I think that the inspection is pointless - the tenant can do pretty much whatever they like during the tenancy, it is entirely irrelevant as long as at the END of the tenancy the property is in the same condition. The only time condition of the property is important is at the START and at the END of the tenancy. Inbetween points are totally irrelevant.

[blue_eyes777]

Not according to a standard AST contract...

are you suggesting that a tenant can keep cats when the contract forbids it?

[Planner]

Originally Posted by blue_eyes777

Not according to a standard AST contract...

are you suggesting that a tenant can keep cats when the contract forbids it?

Mr Shed hasnt mentioned Cats.

There is no way that you can force a tenant into an inspection regardless of what the AST states. All you can do is tell the tenant you would like to inspect, ask for a convient time and date. If they are not willing to allow you in before the 24th September, then make sure you do a full check out inventory (assuming you have a good check in inventory) and takes lots of pictures. Ask if the tenant wants to be present for the checkout.

You might also want to consider serving a section 21 notice now (if this has not already been done) so you can seek possesion if they dont leave.

[MrShed]

BE - you are picking the wrong battle

Yes if you really want to you can go to court to obtain a court order to gain access for an inspection. This is not a short process, nor is it guaranteed to succeed. In reality I cannot remember one single landlord who bothered to follow this process. Considering your tenant is leaving, the timescale to enforce is pretty much untenable anyway.

And again the point still remains that it doesnt actually matter what the condition of the property is during the tenancy.

As to your point about cats, no I am not, but again it is for the court to enforce, NOT the landlord directly. But you do raise the interesting point that you perhaps havent realised as to just how many either a) completely unenforceable terms or b) realistically unenforceable terms are in a tenancy agreement. Contrary to your belief, terms in a contract cannot be either unilaterally applied(they cannot override the statutory rights of the tenant, one of which is enforceing access against the wishes of the tenant) or neccessarily easily applied.