Suspicious Activities – How do I inspect?

Hi Sash,

If by suspicious you mean you have reason to believe there is illegal activity you should call the police. (Cannabis Farms are more common than you would think)

However, if you just want to view the property and permission is declined you could consider applying to a court to gain access or just serve a section 21 if you are outside the fixed term.

https://www.simplybusiness.co.uk/knowledge/articles/2016/12/landlord-access-rights/

This article is dated 2016. Have the rules changed that now allow you access to carryout repairs even when the tenant refuses access or physically prevents entry to the property?

Reply to the comment left by Scott Scott at 02/01/2019 - 11:27The rules have not changed. You must give 24 hours notice. The notice should be served in the manner stated in the AST. If the tenant refuses entry, you cannot legally enter the property. I would repeat this three times and if the result is the same, and assuming you have given a valid reason to visit the property, serve notice for possession. Note the new Fit for human habitation bill is the latest act (from March) that states the need to give 24 hours notice).

You have to give 24 hours notice in order to gain access to the property, following which the tenant cannot unreasonably decline. If the tenant refuses access you can ask them if another date would be more convenient, but if they continue to refuse, you can issue a section 8 on the grounds of the tenant withholding access. If the property is in need of urgent repair and the tenant is refusing access, they will be putting themselves and the property at risk, but whatever the reason for your request, you have a legal right and in many cases an obligation to inspect the property.

I agree with the advice in the above comments. I would just reiterate that under NO circumstances should you attempt to force entry if it is refused by the tenant! Giving 24hrs notice doesn’t give you a RIGHT to enter if the tenant says NO. Accept the refusal politely and attempt to agree another time which is convenient. If the tenant becomes agitated or aggressive remain polite and leave immediately.

All you can do is attempt to arrange a mutually convenient appointment with the tenant. If they actively refuse permission and repeated attempts are unsuccessful then your only option is to issue the tenant with the appropriate correctly served notice to end the tenancy as soon as you can.

Always ensure your communication with the tenant is polite and professional and avoid any open conflict as this could quickly become harassment, or an accusation of harassment (which gives the appearance of legitimising the tenant refusing you access AND could have serious consequences for you). Keep records of all your communications with the tenant. Keep a log of all calls, retain all texts & emails and keep dated copies of all letters on file just in case.

If you think a criminal activity is taking place and you inform the police also ensure you tell them you will supply keys to the property otherwise you will end up having to pay for the repairs to the front door as the police won't if they find evidence of an offence, and that could be the smallest amount of weed.

Make regular checks a condition of your AST and carry them out, it's self survival these days.

Hi Sash, is your AST up to scratch? It is unusual for an AST not to state the 24 hours notice required of the landlord under "Landlord Obligations to the Tenant"!

Hi Sash, you mentioned your AST doesn’t specify a right of access, however a right of access to the property is an implied term even if the AST doesn’t specify it. It is implied because the landlord has obligations of repair which cannot be carried out without access. You can argue that the right to inspect is essential to establish whether any repairs are necessary.

However as Rob has pointed out I’ve never seen a modern tenancy which doesn’t set this out in writing. You should make sure you have an up to date, professionally prepared tenancy agreement from a reputable source going forward to ensure you don’t find yourself in difficulty in the future.

I’d suggest joining a landlord association such as the RLA. This will give you access to their professionally drafted AST agreement and lots of other forms and information, including a telephone advice service and discounts on their courses (which I highly recommend).

Hi
Thanks for the replies
Yes we have a contract from the NLA but it only says 24 hours notice for repair. Nothing like we can just inspect the property by giving 24 hours notice

Reply to the comment left by Sash D at 04/01/2019 - 15:22
Is there nothing under the Tenants obligation section about access & inspection?

There should be.