I’d like some information on legal access to my rented property by the estate agent who manages the property for the landlord.
The issue I have is with where it says : " as we hold key’s to the door you do not need to be present". No wehere does it ask for my permission to access the property if I am not present. I’ve had a terrible time at this proprety and I don’t feel like I am a private tenant at all.
I’m totally aware of inspections and the 24 hour rule and that it’s a duty of care, but making it sound like they can just enter the property if I’m not here without seeking permission doesn’t seem lawful to me.
Any ideas on the windows being left open?
"We’ve been requested by your landlord to carry out an Inspection Report at the above property.
The Inspection will take place on Wednesday 10th May from 10am onwards.
As we hold keys to the door you do not need to be present, however, you may of course be there if you wish.
If you are present, we ask that you leave windows open."
The landlord or his agent are allowed limited access to your property during your tenancy without breaching your right to its quiet enjoyment. These are likely to be a mixture of statutory purposes, (enshrined in legislation) and contractual purposes, (agreed in your tenancy contract). They would include visits for inspections, repairs and if you’ve agreed it, valuation and viewings. They must give you a minimum of 24 hours notice prior to each visit.
You do have rights to refuse access and to limit access to when you’re present. However, I would not recommend exercising these rights as landlords often have little choice about dates and times of such visits.
If you think that the frequency of visits is too high or that you’re not being given the correct notice, or that you would like to be involved in agreeing/arranging the dates of visits, then this is something that you should discuss with your landlord and a reasonable landlord should accept.
Like most things this comes down to compromise. You have the right to quiet enjoyment of rented property property.
If the landlord or agent wants to visit at an inconvenient time then you can say so. But you must not be unreasonable.
The fact that the agent has keys is immaterial - if they enter the property without your permission they are on very shaky ground (except for emergencies like flood or fire ) .
However they did say “you do not need to be home” and not "we will enter when you are out whether you like it or not - so are in line with the law.
So But if you are unreasonable about not allowing them access - you may also be on very shaky ground
The windows open thing sems like a Covid hangover …
In general both landlords and tenants should be ready to compromise. Often no time is perfect fro both
But if a tenant restricts landlord access for inspection they will harm their own case if
a) they want to take action or make a complaint against the landlord about the condition of the property - or complain about slow repairs etc
b) you later need to defend yourself if the landlord accuses you of breaking the tenancy agreement . Refusing access can make it look like you have something to hide.
But you don’t have accept over frequent visits or harassment .
One question though what is reasonable for inspections.
Well they could be quarterly, every 6 or 12 months. It depends on the agent/LL agreement,
I can understand you being uncomfortable with a stranger checking your rental without you, you have the right to agree a mutually acceptable day and time. In instances where this cannot achieved then access must be given for the inspection, you could always ask a neighbour or friend to be present.l if you are working.
As we now live in a time of continued Covid strains, windows being left open is a precaution, however, if you are not present and on the ground floor this may not be possible.
All above is correct. I would not want anyone inspecting while I’m not there & most certainly would NOT LEAVE my windows open as it would invalidate my house contents insurance. Just be honest a& pleasant offering alternative days. It’s not urgent!!! They can wait but do work with them.they have a right to inspect. The wording could be better. I find their wording misleading as if they have the right to just go in when you are not in. Maybe let them know that you prefer to always be present for any inspection etc. And if in future they could propose a few dates not just one?