Urban75 Home About Offline BrixtonBuzz Contact

What legal basis does an agency have to request an inspection after a month?

I've been in this place less than a month and they're coming tomorrow morning to 'inspect' the property as apparently some tenants have complained about 'rats and mice' and they want to check it isn't us.

WTF?

Surely they don't have any right to do this until the tenancy is nearly over?

:hmm: :mad:

Most written tenancy agreements have terms in entitling the landlord (or agent) to inspect the property at reasonable times on giving reasonable notice, not just at the end of the contract.

However, in the absence of such a right in the contract, the law won't imply it.
 
She just didn't understand that in a situation like this you can't just scream and shout and stamp your feet, cos things don't work like that in Britain.
Do things work like that in China? :eek:

Sounds like your neighbours might've complained about the noise, not mice then mate. That might be a whole different sort of visit, although not sure why the landlord would lie to you about the reason for coming round.
 
I think he's probably listened to her complaints and, despite being, quite reasonably, fucked off about her behaviour, is sending someone round to see if the place really is uninhabitable (it doesn't help that they'd put the new carpets down just before we moved in, but truly scummy landlords wouldn't have bothered doing that, this is what I try explaining to my wife) or not.

Mind you, some of the other agencies have said to me that they can't believe that this place had been rented out to a family.
 
Your missus was complaining about new carpet smell? Has she not smelled new carpet before?

Blimey mate, you've got your hands full there.
 
She really does not understand that her behaviour was not and is not helping things... Now she's expecting me to borrow money off friends for the plane fare so she can go back to China.

Thing is, with her behaving like this, having walked out on me twice leaving the kid with me, and having threatened to stab him, UK courts would probably give custody straight to me, wouldn't they?
 
Not necessarily. If there isn't a tenancy agreement it's usually assumed for legal reasons that it's an assured shorthold like any other. landlord still has to serve a Notice To Quit etc

That was a few years back, mind. I've not worked in housing for a while now. Anyone else confirm this? Marty?

The landlord is required to serve a notice to terminate your assured shorthold tenancy. The AST has to be for a minimum period of six months, and the notice can be given to terminate at any time from the end of that period as long as it is at least two months from the date of the notice (there are some additional technicalities, but this will serve for present purposes).

Ordinarily, a landlord will serve you with the notice at the same time that you sign the tenancy. This doesn't necessarily mean that they will kick up out immediately the six months is up .... it just means that they can bring court proceedings against you if they want to get you out without having to serve a notice and wait two months.


We've paid for six months rent upfront (well my mum lent me the money) so they can't really do that until the six months is up

Makes no odds how much you've paid upfront. Sorry :(

I don't think this is true. They'll need to be far enough into the contract for them to activate their break clause and serve the two month's notice. I doubt this contract allows this a month into the tenancy. It's usually half of the fixed term AFAIK.

OK, to clarify:

(1) You have a tenancy which is to last six months. The only way in which they can terminate your tenancy within that time is by serving you with a notice of seeking possession and then taking court proceedings. They could do this, for example, if you were guilty of a serious breach of the tenancy agreement within that time.

(2) You cannot be evicted without a court order, whether before or after the tenancy period ends, and then only by a bailiff under a warrant.

(3) If you were evicted during the six months, you would be entitled to have your rent for the balance of the six month period repaid (subject to the landlord's right to claim damages for any damage you've caused during the agreement).

(4) Some tenancies contain a break clause, but they are unusual in assured shorthold tenancies because most of them only last for six months and most landlords will simply use the statutory procedure set out above to give two months' notice.
 
I think he's probably listened to her complaints and, despite being, quite reasonably, fucked off about her behaviour, is sending someone round to see if the place really is uninhabitable QUOTE]

Do the other tenants share the same landlord as you - if they've been disturbed enough about noise / arguments / disturbance from your flat to complain to you, they may also have complained (about noise, mice, anything they could think of) to the landlord?

Good luck, it all sounds very messy :(.

I would think that having rent paid in advance - all that would mean is that they can't specifically evict you for unpaid rent.
 
Not so. Most tenancy agreements will contain a covenant by the tenant to keep things reasonably neat and tidy.

He was worried about not having unpacked yet. By 'you can live there however you want' I meant they can't really cause a fuss about you having no furniture and your stuff still being in boxes.



Sounds like the situation is a bit more complicated than all that though.

Could still just be them checking the rodent thing, I hope so.




Surely if the flat is truly awful your mother would have noticed this on viewing? It can't be 'uninhabitable'... can it?
 
She really does not understand that her behaviour was not and is not helping things... Now she's expecting me to borrow money off friends for the plane fare so she can go back to China.

Thing is, with her behaving like this, having walked out on me twice leaving the kid with me, and having threatened to stab him, UK courts would probably give custody straight to me, wouldn't they?

Don't worry about the inspection. It is nothing to worry about.

The above, however, probably needs a new thread.

:)
 
(1) You have a tenancy which is to last six months. The only way in which they can terminate your tenancy within that time is by serving you with a notice of seeking possession and then taking court proceedings. They could do this, for example, if you were guilty of a serious breach of the tenancy agreement within that time.

OK, so it's much more likely to be about checking whether my wife's complaints about the air quality are really true

(3) If you were evicted during the six months, you would be entitled to have your rent for the balance of the six month period repaid (subject to the landlord's right to claim damages for any damage you've caused during the agreement).

Seriously? So to get out of it we'd be better off trying to get evicted and then we'd get the money back?
 
I think he's probably listened to her complaints and, despite being, quite reasonably, fucked off about her behaviour, is sending someone round to see if the place really is uninhabitable QUOTE]

Do the other tenants share the same landlord as you - if they've been disturbed enough about noise / arguments / disturbance from your flat to complain to you, they may also have complained (about noise, mice, anything they could think of) to the landlord?

Good luck, it all sounds very messy :(.

I would think that having rent paid in advance - all that would mean is that they can't specifically evict you for unpaid rent.

But is aylee right that if they did evict us they'd have to give us the rent back that we'd paid? If so it would almost be worth trying to get evicted.
 
Why would they evict you though? And if they did wouldn't it (A) fuck up your references for the future and (b) eat up huge amounts of your deposit and possibly more on damages/legal fees etc.

Unfortunately, if the agents don't want you to move, I'd stick in there and ride it out if I were you
 
Surely if the flat is truly awful your mother would have noticed this on viewing? It can't be 'uninhabitable'... can it?

the flat is fine, however being opposite a nightclub does make me also question my mum's sanity a little - she claims she 'didn't know what it was'...
 
Why would they evict you though? And if they did wouldn't it (A) fuck up your references for the future and (b) eat up huge amounts of your deposit and possibly more on damages/legal fees etc.

Unfortunately, if the agents don't want you to move, I'd stick in there and ride it out if I were you

Just cos they're sick of us, perhaps? I dunno?

Yeah, I just want to stick in and ride it out, and ideally send her back to china at least for a few months as it's the only way I'm going to get the prerequisite study done for my course.
 
Soz, I didn't read the whole thing before I posted up there ^

Beg, borrow and steal the money to send her back to China and be a single parent.
 
Yeah it's enough to make the situation at Upton Park look quite fun :D

I was going to mention WEst Ham but thought it might be taken the worng way and considered in bad taste when considered next to your domestic problems. Good luck in sorting it/her out mate!
 
OK, well they came today and said it was 'too messy' to fix the boiler. So that's since Saturday that I've been witout a wash, and that my son has been living in a house without hout water or heating.

:mad:
 
Can someone else confirm that this is scummy behaviour: not allowing a child hot water or heating, because of a few books and toys on the floor?

I'm onto the CAB tomorrow, also called the Council housing people, who said it's unacceptable.
 
I wouldn't read that much into it tbh. You may just have had a fussy workman who didn't want the hassle of doing the job - the mess just gave him an excuse.

Quite often letting agencies employ maintenance contractors, but they're rarely (ime) tightly connected or controlled by the agents themselves.
 
Ooh well I sent them an email saying that they were violating the 1985 Tenancy Act Section 11 by not repairing the boiler, and that everyone I had consulted said they were being absurd, including the Private Tenants section of the Council I spoke to, but that I had tidied up as best as I can, and they replied veeeeeeery swiftly saying that they were glad I had tidied up and were now treating the boiler as an emergency matter.

:cool:

result.

I think knowing your rights and citing acts at people is the way to go.
 
At least they've fixed the hot water now :cool:

Mostly it's job situation getting me down right now.

I got turned down for a six quid an hour call centre job yesterday - it's not possible to sink any lower than that, really is it... :( :mad: :D
 
Back
Top Bottom