Tenant declining access for surveyor until post eviction?

Tenant declining access for surveyor until post eviction?

9:49 AM, 28th July 2021, About 2 months ago 26

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My tenant has refused entry for the surveyor. I am looking to commence an eviction in November 2021 and now my tenant will not allow access for my lender’s surveyor as I am about to remortgage the property. Does anyone have a solution on how to deal with this behaviour?

What are my rights as this can be viewed as not an emergency issue, though my mortgage period has expired, and I urgently need to remortgage?

I have even given 24 hours notice to access and phone calls prior to written notice, but they will not allow access until after the eviction.

Many thanks

Madeleine



Comments

by Smartermind

10:06 AM, 28th July 2021, About 2 months ago

If you're remortgaging with the same lender, do they really need to resurvey the property?

by Eps

13:38 PM, 28th July 2021, About 2 months ago

As far as I know, tenants are not obliged to give access. I've had a similar scenario and there was absolutely nothing I could do. Since they are being evicted, they will just sit pretty, sorry.

by TrevL

13:54 PM, 28th July 2021, About 2 months ago

They have a legal right to quite enjoyment and know its not an emergency. Your financing issues arn't their problem (thats how they see it).

It's unpalettable, but a financial incentive might work. If you are evicting them for none payment, an offer of 1 month reduction in the debt might swing it. Lets face it you may not get paid anyway.

by Chris Byways

20:43 PM, 28th July 2021, About 2 months ago

My tenant gave 1m notice, but then denied access to remedy an alleged defect (they caused), and for an agent to view. AST says peaceful enjoyment but, IN LAST MONTH Access with 24 hrs notice for viewing and for rectifying defects, and landlord/agent CAN use own keys. So if tenant denies access (when not there) MUST that be complied with and are they liable for 1m extra rent / utilities?

by Graham Bowcock

11:24 AM, 29th July 2021, About 2 months ago

Reply to the comment left by Chris Byways at 28/07/2021 - 20:43
Chris

On what basis can access be taken in the last month? Why is the last month different that the preceding time?
Doesn't the right to quiet enjoyment exist until the tenant vacates?

by Darren Peters

11:37 AM, 29th July 2021, About 2 months ago

Reply to the comment left by Chris Byways at 28/07/2021 - 20:43
A defect is not the same as wanting to send in a surveyor.

If you have proof the tenant stated there was a defect, it will be in your interest to make every attempt to remedy the defect and to document the tenant's refusal to allow access to the repairer. Eg get the boiler man/handyman/electrician to document that they attended on 14 June, 17 June.. and were denied access, were told there wasn't a problem or whatever happens.

by NewYorkie

12:49 PM, 29th July 2021, About 2 months ago

Had a problem with tenant denying access for EICR. The fact he hadn't paid rent for 14 months didn't seem to matter. Eviction was in progress and I suspected he would try to claim I hadn't fulfilled my obligations.

GREAT NEWS... HE WAS EVICTED ON TUESDAY! HE SAT IN HIS CAR WATCHING IN THE HOPE I WAS BLUFFING AND HE COULD SNEAK BACK IN. I WASN'T AND HE COULDN'T!

Can anyone offer advice on possessions he didn't take with him. He knew this would happen for 2 months. I need to clear the flat for redecoration and sale. If he doesn't ask for them and I have no forwarding address, can I just bag it up for the tip?

by Chris @ Possession Friend

13:26 PM, 29th July 2021, About 2 months ago

Reply to the comment left by NewYorkie at 29/07/2021 - 12:49@NewYorkie see our detailed article on Abandoned Goods
https://www.possessionfriend.uk/abandoned-goods/

by Chris Byways

17:40 PM, 29th July 2021, About 2 months ago

Reply to the comment left by Graham Bowcock at 29/07/2021 - 11:24
On the precise words of the AST. This in not identical to the original post but similar and no doubt common occurrence.

Quiet enjoyment is a basic right to be balanced with the landlord’s need to minimise voids for everybody’s sake. So the contract says QE *but* in the last month only, with 24 hours notice access will be given for selling/re-letting, to take photos. This is a compromise we both signed up to. However tenant wrote access denied.

The ‘defect’ was egregious condensation, by far the worst I’ve seen in 50+ property/years. Reported not to me, but to EH and the letting agent. Yes I have proof, photos of towels on rads, water running down windows etc. EH say to tenant it’s lifestyle and not even report it to me. Agent say can’t market until fixed, So Deposit is set for mediation.

by dcawkwell

20:14 PM, 29th July 2021, About 2 months ago

Simply make the appointment with the surveyor and go around there with them. Enter the property and do the survey. If the tenant kicks off just take a copy of a letter you supposedly sent them telling them about the appointment saying you assume it is OK unless you hear otherwise. Harassment is very difficult to prove on their part as they are in the process of been evicted.

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