Council Tenancy Visit & Tenant Photographs

[archaeopteryx]

Hope I'm in the right place, I'd appreciate some help here please. Today we received a letter from our Local Authority informing us that they'll be visiting our property in a couple of weeks 'as part of their service' which they say will include an inspection of the property to make sure it is in good condition.

 

They will also be 'asking' if they can take our photograph, which they say is part of the council's initiative to restrict fraud. They say the photo is optional, though I have just read on their website that new tenants, if they refuse to allow them to take the photo, will not be housed.

 

We have been here for many years so we're not new tenants; our rent and CT are paid on time and up to date, the flat is kept clean and tidy, and we have never had or been the subject of any complaints or issues.

 

The Tenancy Agreement states:

 

11.1 You must allow us and our contractors access to your home to:

• inspect it to check the condition and any works needed

• carry out works of repair, maintenance or improvement to

your home.

 

This appears to be the only mention of access. Recently we gave the LA contractors and surveyors access to the property to carry out roofing repairs, so it's not like we have anything to hide.

 

We have already decided to refuse them permission to take our photograph. Their own leaflet on the subject states that (unnamed) external companies or agents they employ can have access to this - and we find this unacceptable.

 

We are just wondering whether we have any legal obligation to let them in to conduct this visit, which we feel is completely unwarranted and intrusive. Many thanks.

[reallymadwoman]

 

The Tenancy Agreement states:

 

11.1

You must allow us and our contractors access to your home to:

• inspect it to check the condition

and any works needed

• carry out works of repair, maintenance or improvement to

your home.

 

 

 

We are just wondering whether we have any legal obligation to let them in to conduct this visit, which we feel is completely unwarranted and intrusive. Many thanks.

 

Yes, you do have to let them in. They must give you an appointment with at least 24 hours notice, and you could reasonably ask them to change it if it's not convenient.

[archaeopteryx]

Thanks for the quick reply reallymadwoman, appreciated and understood. Curious to know what might occur if we were to refuse access though. Not saying that's what will happen, I just want to try to understand the legal aspect of their power and our rights. Thanks.

[reallymadwoman]

If you refused access you would technically be in breach of your tenancy agreement, the consequences of which are dependant upon what is in your agreement to a certain extent, but the worst case is that breach of the tenancy agreement could result in you being evicted.

 

In my experience, council housing departments are generally not in the habit of carrying out inspections for no reason - you may find they're contemplating upgrading anything from insulation to kitchen and bathroom fittings and only want to check what's already in place.

[archaeopteryx]

I see, thank you. We've been allowing access to their contractors for some time now, they've done the kitchen, bathroom, boiler, even the roof - there can't be anything else left to upgrade. Do you think such a visit could be prompted by an external source, for example if a neighbour (falsely) claimed we were trashing the place or something?

[reallymadwoman]

I'd have thought it extremely unlikely - maybe they just want to check that everything has been done well.