Landlord Inspection - TENANT HELP!

[TOLSKA10]

I have had damp in the property for over 9 months, The landlord refused to repair the damage, I am now getting evicted due to rent arrears. Due to the damage I can file for disrepair at the court which I have done. The landlord now wants to repair the damage which I don't have a problem with.

 

The landlord has now sent me a "Notice to Tenant of Inspection" and that the "Property manager" will come round to the property which there is no property manager and nothing about one in the tenancy. The landlord is saying PERSON A is the property manager but he is not, He is a local tradesmen. He came to the property previously and was so rude and refused to do the work. I really do not want this person in my home.

In my tenancy it says: That the landlord or any person authorised by the landlord or his agent may as reasonable times of the day on giving 24 hour written notice, (Unless in emergency) enter the property for the purpose of inspecting its condition and state of repair. The tenant shall permit the property to be viewed on reasonable notice (atleast 24hours) at all reasonable times during the final weeks of the tenancy.

 

Can I refuse PERSON A access to the property but allow the damp specialist in?

I do not want this person in my home, even though the landlord wants them to come?

Is there any other advice?

 

Edit: It says on tenancy During the last final weeks of the tenancy, The tenancy is on roll over I've only signed one.

What does it mean by Final weeks in tenancy? Court hearing is 9th april. Another 4 weeks away, I'll be given eviction but wont leave the property so then landlord will need to apply again to the court which will take even more time,

 

All I need to know is, Can I refuse the person access who the landlord has given permision to?

Edited March 8, 2014 by TOLSKA10

[reallymadwoman]

You can refuse access to anyone however, as your tenancy agreement clearly states 'any person authorised by' the landlord, then if you refuse access then you are in breach of your tenancy agreement.

 

Perhaps the best solution would be to allow access but to have someone else present as a witness and perhaps even covertly record any conversation on your phone?

[TOLSKA10]

You can refuse access to anyone however, as your tenancy agreement clearly states 'any person authorised by' the landlord, then if you refuse access then you are in breach of your tenancy agreement.

 

Perhaps the best solution would be to allow access but to have someone else present as a witness and perhaps even covertly record any conversation on your phone?

Thanks for your fast response, will I think it's best to let it happen since the court toldme I have to let her complete work if she wishes to,

I know this is completely different but the landlord has not done a gassafety in 2 years, I thougt it had to be done every 12months?

[The Carpet Cleaners]

If you change the locks and refuse to let anyone in, what is the worst that can happen?

 

you will (possibly) be in breach of Tenancy agreement, and the LL could file for eviction... Oh hang on....

 

Until the courts evict you, it is still your home, and you have every right to stop whomsoever you want from entering. Inform the LL in no uncertain terms that neither he nor any of his representatives are to enter your house without you being there, and that character A is not allowed in at all. As I said if you change the locks then LL cannot legally enter, so long as you change them back at the end of the tenancy, you are within your rights.

[TOLSKA10]

If you change the locks and refuse to let anyone in, what is the worst that can happen?

 

you will (possibly) be in breach of Tenancy agreement, and the LL could file for eviction... Oh hang on....

 

Until the courts evict you, it is still your home, and you have every right to stop whomsoever you want from entering. Inform the LL in no uncertain terms that neither he nor any of his representatives are to enter your house without you being there, and that character A is not allowed in at all. As I said if you change the locks then LL cannot legally enter, so long as you change them back at the end of the tenancy, you are within your rights.

 

Thank you, I was thinking that my self but I'm filing for disrepair so I can get a portion of money taken of the rent arrears, which is currently £2400.

The judge told me I have to let her in to do repairs or I can be in trouble?

I don't have £2400 to pay and well my mum signed a gaurntor forum? she surely dont have it either,

The barrister recons I would get compensasion from counter claim, but would me refusing them entry cause me to loose this claim or the judge not to pay me compo because I refused them to "Inspect" the damage which they did in October! Maybe because enriomental health contacted council?

 

Oh and I have a 3 year old son... and relying on council to house us,

[mariner51]

Well Council unlikely to re-house you if evicted fors8 g8 rent arrears (intentionally homeless)

The best you can hope for with 3 yo is temp accom in hostel or B&B for a few days.

Judge will do you no favours in disrepair counterclaim if you ignore his advice about allowing LL entry

LL likely to ask Court for costs against you (hearing & bailiffs ~£275) if you follow your plan

Mother as G is equally liable. Does she own her own home or is in work?

Can you not move in with mum?

 

 

Sorry to be the bearer of such potentially bad news but you should have sort debt advice much sooner.

[stu007]

Did you at anytime during the tenancy withhold rent due to the disrepair which in turn built up the arrears?

[TOLSKA10]

Well Council unlikely to re-house you if evicted fors8 g8 rent arrears (intentionally homeless)

The best you can hope for with 3 yo is temp accom in hostel or B&B for a few days.

Judge will do you no favours in disrepair counterclaim if you ignore his advice about allowing LL entry

LL likely to ask Court for costs against you (hearing & bailiffs ~£275) if you follow your plan

Mother as G is equally liable. Does she own her own home or is in work?

Can you not move in with mum?

 

 

Sorry to be the bearer of such potentially bad news but you should have sort debt advice much sooner.

 

Hi, Rent arrears is due to a move on scheme my LA, I accept I am liable but it's not my fault.

Eviction is S8 under ground 10 and 11. Judge ruled out G8.

I am not stopping the LL though? The LL/Agent is not coming? It's local tradesmen with a damp specialist, If i was to remove access for just one of them surely this is not obstruction them to complete work? They can still see damage ect just they would have to discuss outside my home...

My mum a full time career an is in council property.

[TOLSKA10]

Did you at anytime during the tenancy withhold rent due to the disrepair which in turn built up the arrears?

 

No I never, Rent arrears started due to a move on scheme with LA, They messed up also LL's agent messed up the tenancy which LA refused to accept as proof of address when HB claim started. hey refused to backdate payment

[raydetinu]

Suggest you do as the judge says; he will probably grant eviction order quite quickly.

What have you claimed for disrepair, and damp; did you ask council to investigate and report!

[TOLSKA10]

Suggest you do as the judge says; he will probably grant eviction order quite quickly.

What have you claimed for disrepair, and damp; did you ask council to investigate and report!

 

Yes counter claim is for damp and disrepair for over 9months.

LL refused to do it also told the judge sh wont fix it.

Yes I reported to council and they have sent EHO round to asses damage,

I'm guessing they contacted LL now she is scared and wants to fix damage