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help please - daughter keeps getting property inspected by takeover letting agent


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my daughter is a single mum of a 5 year old and a 7 month old, she has privately rented a property since march 12th

2008. her contract ran out 18 months later.

when she took out the original contract it was with a different letting agent which has since closed. she has had a trouble with the replacement agent who have entered the house when she's asked them not to to do an inspection because the house was untidy, as a result they threatened to evict her. they have done 3 monthly inspection on the property and repairs such as damaged doors, fencing (people are actually entering the property and stealing my daughters property}, the work top in the kitchen has separated due to a leak from the loo and they've just put screws in it to repair it. due to these constant checks my daughter is getting more and more depressed, as you can imagine having 2 small children the place gets untidy but it is clean.

on the last inspection 3 weeks ago she was sent a letter saying if the place wasn't tidied up she was going to be evicted, she ahd spent all the xmas hols cleaning the house and as the kids had had toys they were about. the agent even asked why my grandson was at home, even the school hadn't reopened after xmas, and she told him to tidy up.

we really don't know where to turn as she is so stressed with it can you please offer any suggestions many thanks in advance c

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It is not unreasonable for a landlords agent to inspect the property every quarter. What is unreasonable is that the agents just let themselves in even if they have provided prior notice which is not convenient. If the date is unsuitable for the tenant then they must provide an alternative rather than refuse access.

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Sorry I disagree there.....

I think that it is unreasonable to be inspected every 3 months. Every tenant has a right of quiet enjoyment, and being inspected every 3 months I believe is not in keeping with this right. Maybe every 6 months as the AST is renewed, but even then quiet enjoyment would be my quote, and as for letting themselves in, change the lock, and keep the old one to change it back at the end of the tenancy.

 

then they must provide an alternative rather than refuse access.

 

I disagree, only when and IF it is convenient - quiet enjoyment again.

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Is there 'official' guidance on what constitutes a reasonable time frame for inspections?

 

Although I am in no way an expert, as someone who has rented for the last 18 years I have never had a landlord or letting agency who has conducted 3 monthly inspections, and would be quite miffed if I had. Twice a year seems reasonable to me, at the time of renewal.

 

Celia, some of your post is a bit confusing to me - you say that your daughter's property is being stolen, but is this due to people entering through the broken fence or are you saying that people employed by the agent to do repairs are stealing it?

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

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property was stolen through people getting through the fence.

 

one of the problems being that the broken fence panel is also the gate and isn't very secure. the whole of the fence at the bottom of the garden is rotten.

 

the original agent got the landlord to replace all the broken fence between my daughters and her neighbours and this was done quickly and effectively.

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Her contract is with the LL not the letting agent.

 

The letting agent cannot initiate an eviction, she would do good by getting in touch with the LL direct at the address on the original AST and telling him of her concerns. He may not know the letting agent is threatening his tenant.

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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As an ex-part owner of a heavily regulated letting agency I have some knowledge of the matter of access and quarterly inspections did not when I was within agency constitute affecting the tenants quiet enjoyment in anyway shape or form unless the law has since changed. Ultimately a lot will depend upon the tenancy agreement and access allowances within it. If the tenant refuses flatly to gain access the agent is likely to report this to the landlord and the contract may not be renewed.

 

You have to look at this from both sides - most AST's are six months so a mid term inspection to ensure everything is OK is not unreasonable. A good agent may see a necessary repair that the tenant has not seen or reported and can therefore instruct a contractor. A lot can happen to a property in 6 months and an inspection should be seen as a good thing from everyone's viewpoint if the agent is being reasonable.

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It is the tenants home.

It would constitute breach of quiet enjoyment if it was my home.

OP's daughter never had the inspections before, only since the new letting agency. The threat of eviction for being untidy is harassment at the least, which is why I suggested to the op that her daughter gets in direct contact with the LL.

 

You have to look at this from both sides - most AST's are six months so a mid term inspection to ensure everything is OK is not unreasonable

op's daughter has been there 3 years.

 

Will the LA inspect at the end of the tenancy and bill tenant for anything wrong? YES so it is none of the LA's business how tidy a house is during the period that it is someone else's home. IMHO

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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Yes it is the tenants home - it is also the landlords property. Just because you believe that it breaches your quiet enjoyment if it was your home does not make it so! That would be a matter for a court to decide upon if you decided to sue for breach.

 

Irrespective of whether this is a good agency or not as stated previously the tenancy agreement should be referred to with regards to access/inspections. Maybe the reason why the landlord changed agents was for the reason that the previous agent did not carry out their management duties correctly for the landlord and failed to carry out the inspections. Just because the inspections have started and there weren't any previously does not make them wrong.

 

Just being devils advocate!

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the original agent inspected every 6 months and after it passed to the new agent it went to 3 monthly, also there was no new contract signed with the new agent. as my daughter has lived there 6 weeks short of 4 years would this make any difference to any action that can be taken.

also she only asked if they would change the date of the inspection she has never refused to allow an inspection.

Edited by celia thompson
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The contract that your daughter has to rent the property is with the landlord. The agent has no contract with your daughter. The landlord has two contracts - one with your daughter (the tenancy agreement) and one with their agent (the agency agreement).

 

Any action taken therefore must be against the landlord even though the issue maybe with the agent. You MAY wish to write to the agent and CC the landlord requesting inspections every six months and request a written response.

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The last AST that she signed is the relevant one, she is now under a periodic tenancy.

 

She should really just talk to the LL about it, and sort something out with LL and then LL will tell the agency.

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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