oscar Posted August 17, 2006 Report Share Posted August 17, 2006 Ive been letting my flat via an agency for 3 years with no problems until now. I had a fire in Feb and needed major cleaning and redecoration work done (all covered by my insurance). I hadn't inspected my flat until that time as I naively thought the agents would take care of that . Concerned by the condition of the flat - filthy , cracked window , cats urine in bathroom , I gave the tenants notice to leave when thier agreement runs out in October (via the agency) along with a nicely worded letter detailing my concerns so that everything could be put right before I get the property back . There is still some outstanding insurance work to be done and I now have 2 companies needing to make appointments to do the work . My problem is that since I gave notice my tenants wont allow me or said workmen access to my flat . I know I can enter to inspect giving 24hrs notice (my contract says 96hrs- is this legal?) , but I cant enter if they are not in . Also , I dont want to inspect as such , I want these workmen to have access to do their job. Am I allowed to give notice and turn up anyway even if they say no? Am I allowed to tell the agency to allow me access? And am I allowed in even if they are out , as this is ongoing work? They didnt have any problem allowing access to myself or workmen until I gave them notice. Any advice would be much appreciated Link to comment Share on other sites More sharing options...
Trenners Posted August 17, 2006 Report Share Posted August 17, 2006 Hi Oscar, Your right of access, from a legal perspective, will be defined in the tenancy agreement. It should state how much notice you need to give to gain access and may also state whether the tenant has the right to refuse access (assuming the appropriate notices have been given). This - in my opinion - is not a legal issue though - it is a relationship issue between the landlord and the tenant. The tenants are upset because you have served notice on them and are now being ackward re: letting you have access to your proerty. Why are they being ackward - is it because they want to leave before October but feel they cannot because of the terms of the signed tenancy agreement and if they leave earlier you will withhold their deposit ? I would arrange a meeting with the tenants to understand why they won't grant you access. By all means invite the letting agent as well - but make sure you run the meeting because you have the authority to make decisions (not the agent). Be prepared to let the tenants out of the agreement early if you cannot reach a compromise. It is better to let the tenants out of the agreement early and get your flat fixed than delay the insurance work. Once the work has been finished I am sure you will easily find another tenant who will look after and respect your property. In summary - if the tenants are being problematic - get rid - LEGALLY. Good luck, Mark Link to comment Share on other sites More sharing options...
oscar Posted August 17, 2006 Author Report Share Posted August 17, 2006 Thanks for your help Mark I have the impression that their problem is not that they want to leave earlier , but that they dont want to leave at all. Hopefully I wont have any problems on that score once their agreement finishes. I will arrange a meeting to find out for sure and I'll take it from there. I was always under the impression that I could enter my property whenever I liked (with reasonable notice) , but from reading this forum I now know thats not the case. Am I right in thinking that basically if they say I cant go in , then I cant go in ? My tenancy agreement makes no mention of whether the tenant can refuse access , or what I do if that happens. Thanks again Link to comment Share on other sites More sharing options...
Trenners Posted August 17, 2006 Report Share Posted August 17, 2006 Hi Oscar, If the tenancy agreement does not cover right of access then I would recommend that you tread carefully as you do not want to be accused of trespass (by the tenants). I would call that meeting, sit down with the tenants and see if you can reach some form of compromise. Good luck, Mark Link to comment Share on other sites More sharing options...
jam Posted August 19, 2006 Report Share Posted August 19, 2006 what exactly does the agreement say about access? What is the nature of the works outstanding? Will the delay cause further damage to the property if the repair is not carried out? Did they pay a deposit? You may have good grounds for withholding some or all of the deposit. You may wish to bring this to their attention. Does the argeement say anything about allowing access in an emergency? Link to comment Share on other sites More sharing options...
oscar Posted August 21, 2006 Author Report Share Posted August 21, 2006 Well so far , so good . I spoke to my tenant about not answering emails , and not getting access and he maintained that he had been very busy and just hadnt had a chance to get back to me . I arranged 2 consecutive appointments for this morning and he was there to let us in and both went as planned . The outstanding work is not emergancy work , that was all done at the start , this is now the final part of the redecoration in the bathroom . All other rooms are completed . The agreement does allow access in an emergency but this wouldnt be classed as one . The quotes for the remaining work will be done now that the contractors have been there today , so I will see what happens when the time comes to actually carry out the work . Thank you for your answers to my questions , you have been very helpful . This website has been a godsend . Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.