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dinkelfresser-a
Hi there,
I rent a very nice terrace, and thus far have had a good experience with the EA. The only nagging issue arises from the fact that in the lease "periodic visits" are specified whereby one of the agents stops by and looks around (= inspects) my home while taking notes. These are not terribly invasive, basically amounting to 5 min, scrutinizing the smoke alarm and walking once around the ground floor. While the EA is very friendly---he arranges the visits to correspond with my schedule---I feel as though this is an invasion of privacy. Every 2 months is more frequent than I'd like.
Furthermore I noticed only a few days ago that the smoke alarm (subject of regular EA scrutiny) actually was missing batteries. Yet this guy never mentioned anything while "testing" it. So in the worst case scenario the EA is somehow collecting evidence of my "negligence" (I've now replaced the batteries) for later use in witholding my deposit. Actually I doubt this is the case; the EA has been responsive with repairs and seems a generally decent chap. Yet clearly the smoke alarm is not the reason he's snooping around.
Does anyone else out there have an "inspection clause" in their lease? Is this legal, and I can politely decline to have the EA visit my flat if I don't want him to?
D
the_stan
Hello, from my reading of other topics on this site I understand you do not have to allow the landlord or any of his agents into your home at any time. For the period you have the lease it is considered to be your property.It is also against the law for them to enter without your permission or to make attempts/threaten you to gain access, though they can enter if it is a genuine emegency. My memory is poor but I think it is the 'Protection from eviction act' that sets all this out. The shelter website explains this in easy terms.

I also rent a house and I have always refused to have visits from inspectors/landlords and they have never made a fuss about this. My rental agreement makes similar mention of inspection visits...but, and i am sure the more legally astute members of the site can explain further, an clause in a letting agreement cannot undermine your rights in the law.

Have fun

stan rolleyes.gif
Matt Henson
QUOTE (the_stan @ Feb 23 2008, 01:03 PM) *
Hello, from my reading of other topics on this site I understand you do not have to allow the landlord or any of his agents into your home at any time. For the period you have the lease it is considered to be your property.It is also against the law for them to enter without your permission or to make attempts/threaten you to gain access, though they can enter if it is a genuine emegency. My memory is poor but I think it is the 'Protection from eviction act' that sets all this out. The shelter website explains this in easy terms.

I also rent a house and I have always refused to have visits from inspectors/landlords and they have never made a fuss about this. My rental agreement makes similar mention of inspection visits...but, and i am sure the more legally astute members of the site can explain further, an clause in a letting agreement cannot undermine your rights in the law.

Have fun

stan rolleyes.gif


The right to "quiet enjoyment" is enshined in the variuos housing acts, in effect a landord or agent is only entitled to entry in an emergency otherwise with 24 hours notice but with good reason. Inspections are expected, but only every 6 months, any thing else is instrusive, but is not considered harresment (hence protection from eviction) I would go back and a say once every 6 months is OK but every 3 is breach of quiet enjoyment. Best of both worlds
anorthosite
QUOTE (Matt Henson @ Feb 23 2008, 07:44 PM) *
The right to "quiet enjoyment" is enshined in the variuos housing acts, in effect a landord or agent is only entitled to entry in an emergency otherwise with 24 hours notice but with good reason. Inspections are expected, but only every 6 months, any thing else is instrusive, but is not considered harresment (hence protection from eviction) I would go back and a say once every 6 months is OK but every 3 is breach of quiet enjoyment. Best of both worlds


I have never had an inspection, and I'd never allow one.
southsea13
QUOTE (dinkelfresser-a @ Feb 23 2008, 11:57 AM) *
Hi there,
I rent a very nice terrace, and thus far have had a good experience with the EA. The only nagging issue arises from the fact that in the lease "periodic visits" are specified whereby one of the agents stops by and looks around (= inspects) my home while taking notes. These are not terribly invasive, basically amounting to 5 min, scrutinizing the smoke alarm and walking once around the ground floor. While the EA is very friendly---he arranges the visits to correspond with my schedule---I feel as though this is an invasion of privacy. Every 2 months is more frequent than I'd like.
Furthermore I noticed only a few days ago that the smoke alarm (subject of regular EA scrutiny) actually was missing batteries. Yet this guy never mentioned anything while "testing" it. So in the worst case scenario the EA is somehow collecting evidence of my "negligence" (I've now replaced the batteries) for later use in witholding my deposit. Actually I doubt this is the case; the EA has been responsive with repairs and seems a generally decent chap. Yet clearly the smoke alarm is not the reason he's snooping around.
Does anyone else out there have an "inspection clause" in their lease? Is this legal, and I can politely decline to have the EA visit my flat if I don't want him to?
D

EA are scum, pure and simple. Why is he looking around? What does he want? Every 2 months inspections?!! 1 visit every 6 months is maximum acceptable for me!

Warning: do not be taken in by his `friendly` approach - it`s an old sales trick - by `befriending` you the agent will put you off guard. Keep everything businesslike with this smiling viper! ph34r.gif (Re. the batteries - make sure he didn`t do something like whip the batteries out while you were not looking!) dry.gif
heather5
Over the last 5 years - every property I've rented through an EA has been subject to 3 monthly visits. Apparently, it's one of the charges made to the LL who when he/she signs up - that one way the EA makes money on them - a sort of paranoia charge I think against LLs and a "service" offered via EA to reassure LL.

It does feel intrusive, I agree with that - plus I have to hide away papers - if I'm not present - they could if they wanted do a number on you and look into your files - but I've never come across that from and EA or Landlord.

However, a longtime ago now - when a property was on the market for viewings - EA's did used to (but don't anymore) - give keys to the prospective buyer - and let them go on their own - and I once had one such person still my bank details and try to steal money from the bank - they got caught - and the bank prosecuted successfully although it was a worry as they argued over stuff - and it was a lot of money for me.

What happens when you fail to keep up your end of it being pristine - nothing - all the agent does is send you a note saying "the garden is overgrown" - please sort it out for our next visit.

I've had EAs when visiting and quizzed them on it as to what they are looking for - and they say it's just part of the service and they whizz through - and said they've often come across places where clothes are all over the show - and the place unkempt - but they just send a note to tennant - and when it's handed over - as long as it's in the same state as they moved in - don't care!!





HelpMe!
Do not be bullied or intimidated by your 'friendly' ea - there are many reasons why they could be doing this, not one of them is to your benefit.

You have, as has been said, the right to quiet enjoyment. Period

The condition you treat the property you are paying to rent has no bearing whatsoever upon how you will leave it at the end of the tenancy and therefore is irrelevant. That's what the depost is for, to cover your indiscretions if any occur.

Be VERY careful about them looking round and taking pictures for the record, they could be trying to sell it from under you.

Don't let anyone in w/o you being there and DO NOT let any viewings occur until YOU finish your tenancy unless YOU are paid for each viewing. Examples I know of are £30.00 cash or in M&S vouchers per viewing. Consider the alternative, what could you tell the person viewing to put them off. In this falling market it's a cheap bribe from the Landlord and make sure it's in cash, not knocked off the end of the rent.

Don't laugh about this, I am serious. Any REAL landlord knows what they can and can't do and winging it to put a viewer in YOUR property (as YOU are paying for the quiet enjoyment) and if they think they can get away with it .... the word is HARRASSMENT, plain and simple.

Don't be fobbed off by the ea - they are working for the landlord, not you.
Live_in_hope
Just one comment on this thread about 'EA being scum' in the lettings side of business these folk do not face the everyday pressures placed on them by a competitive (shrinking smile.gif ) market. As such their customers are not treated as cattle.

I actually think that the letters are usually more mature decent people and should be not tarred with the same brush

Just coming from my 7 years of experience of being a tennant with various letting companies
Planner
Its a shame that this threads degenerated in to such "hysteria". Your letting agent doesnt arrive in a black helicopter does he....?

If you are happy to let the viewings continue (they appear flexiable and only last 5 minutes) then why not let them? It piece of mind for your landlord who might have you out on your ear should you start to kick up to much of a fuss about them. I agree they do appear to be a little too regular, however is it really such a problem?

Best of luck
southsea13
QUOTE (Live_in_hope @ Feb 24 2008, 12:05 PM) *
Just one comment on this thread about 'EA being scum' in the lettings side of business these folk do not face the everyday pressures placed on them by a competitive (shrinking smile.gif ) market. As such their customers are not treated as cattle.

I actually think that the letters are usually more mature decent people and should be not tarred with the same brush

Just coming from my 7 years of experience of being a tennant with various letting companies

Then I must congratulate you on having had a positive experience - mine, however, has been one of EA lies and deceit (as well as blatant law-breaking by the LL and EAs). Hence I feel that EAs are well and truly `scum`.
Matt Henson
QUOTE (Planner @ Feb 24 2008, 08:23 PM) *
Its a shame that this threads degenerated in to such "hysteria". Your letting agent doesnt arrive in a black helicopter does he....?

If you are happy to let the viewings continue (they appear flexiable and only last 5 minutes) then why not let them? It piece of mind for your landlord who might have you out on your ear should you start to kick up to much of a fuss about them. I agree they do appear to be a little too regular, however is it really such a problem?

Best of luck


At last a voice of reason, most LL's and EA's have their fair share of horror stories which is why they inspect properties to make sure nothing is getting out of hand. If it is a five minute affair every 6 months you will have a happy LL and an easy life. (I had an evil 1 hour 20 minute inspection which is why I have dedicated a website to my beloved LL www.bennells.com she crossed the line and we made a formal harrasment complaint)

On the other side my mother in law has a flat in Kingston which she inherited from her father and I manage, the tenant is a second genration protected tenancy who pays £200 a month rent !! (we have to wait for her to die before we get the flat back) and she simply refuses to let us in period even though the place is falling down around her. We had to get a court order to get in to inspect the roof as it as was sagging and the house was like that old chap on the "life of grime" TV program, there were coridors built in to the rubbish she had collected, it was amazing but quite horrible. That is why LL's like to inspect their properties ;-)
Matt Henson
just a quicky on inspections and access...

This is the legal justification an LL will use regardless of repair or inspection pending repair....

1985 housing act, section 11.....

(6) In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.

1988 housing act section 16

It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.
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