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View Full Version : T refuses L access to carry-out works- then complains!



nask70
06-02-2009, 09:49 AM
i recently let my property to a family, but the tenant has refused to let me into do any repairs to the propety even though she wants repairs done, she wont let me in. she recently went to a solicitor to say that the L has refused to do any works on the properyy, which i find strange considering i am willing to to the job but she refused to let me in. is there anything i can do, i was thinking of selling the property or get an eviction order to remove her from the property--any ideas--or should i just seek legal advice as to how i can gain entry to my own proeprty.? thjna kyuo:(

LandlordLee
06-02-2009, 10:32 AM
Sounds like trouble to me.. I would send a letter in writing that you intend to do the work, giving 24 hours notice.

If problems still persist i would issue notice to her.. If something like this is a problem now, i can not see it getting any better in the future.

Sounds like she may be trying to see if she can get away with deducting rent.

SALL
06-02-2009, 10:40 AM
i recently let my property to a family, but the tenant has refused to let me into do any repairs to the propety even though she wants repairs done, she wont let me in. she recently went to a solicitor to say that the L has refused to do any works on the properyy, which i find strange considering i am willing to to the job but she refused to let me in. is there anything i can do, i was thinking of selling the property or get an eviction order to remove her from the property--any ideas--or should i just seek legal advice as to how i can gain entry to my own proeprty.? thjna kyuo:(

Have you protected her doposit? otherwise Section 21 notice is not an option.

P.Pilcher
06-02-2009, 10:42 AM
As well as Landlord Lee's suggestion, I would also serve a section 21 notice to regain your property as soon as possible - giving a minimum of two month's notice or to the end of the fised term of your AST agreement if this is longer. This is a tenant that you don't need.

P.P.

jeffrey
06-02-2009, 10:47 AM
i recently let my property to a family, but the tenant has refused to let me into do any repairs to the property even though she wants repairs done
See s.11 of LTA 1985. If your proposed repairs at the property are to the services/installations mentioned in it and for which L is inescapably responsible under that section, there is a legal right to demand access (but you cannot force entry).

nask70
06-02-2009, 10:52 AM
i hope this may solve the poblem,can i give the notice on the ground that i am going to sell the property?

SALL
06-02-2009, 10:54 AM
i hope this may solve the poblem,can i give the notice on the ground that i am going to sell the property?

You don't need to give any reason. You do need to use the correct format of the notice. Make sure you get the dates right.

Lawcruncher
06-02-2009, 10:59 AM
You do not need any reason to serve a s.21 notice.

As for the solicitor, write and say that you are willing to carry out the repairs, but that his client has declined to allow entry. Tell him you are happy to arrange an appointment through him if his client is unwilling to arrange one direct.

nask70
06-02-2009, 11:02 AM
serve a s.21? as well and will carry out the repairs needed?

Paul Gibbs
06-02-2009, 11:43 AM
but OP refers to a recent tenancy - it may be some time fro s21 to expire

jeffrey
06-02-2009, 11:51 AM
i hope this may solve the poblem,can i give the notice on the ground that i am going to sell the property?
If you wish to sell, you could offer it tenanted. That way, no s.21 Notixce is required at all.

Perplexed
10-02-2010, 17:11 PM
Oh yeah? And how is he goign to sell if T refuses access?

If at all, it will be at a huge discount (and this is hardly the time to sell anyway).

I would write to tenant by registered post and give 24 Hrs notice for works, warning her that if she refuses access again she may be charged for the abortive call-out.

jeffrey
10-02-2010, 17:14 PM
Oh yeah? And how is he goign to sell if T refuses access?

If at all, it will be at a huge discount (and this is hardly the time to sell anyway).
Auctions frequently include 'sitting tenant' properties on which the Contract of Sale explicitly bars P from internal inspection of property.
This give P a ready-made BTL, after all.

Perplexed
10-02-2010, 17:29 PM
Auctions frequently include 'sitting tenant' properties on which the Contract of Sale explicitly bars P from internal inspection of property.
This give P a ready-made BTL, after all.

Yes, but for anybody to buy a property sight unseen, there would either have to be a substantial discount (as they would have to assume the worst about the property) or an unusually dumb cash buyer.

jeffrey
10-02-2010, 17:38 PM
Not always. Some houses can be assumed typical for their age/location; and P will usually see the Tenancy Agreement plus V's rent collection records.

Wickerman
10-02-2010, 18:10 PM
Jeffrey,

I would NEVER buy a property without giving it a thorough inspection. I even take photos and damp readings (GE Protometer). I know what to expect. If a tenant is there I meet them and guage if I am buying into a nightmare.

Have you ever in your legal career seen problems caused by people buying without seeing the property?

Also, you would need to get the property valued if buying with a mortgage - if the tenant is refusing access there would be no valuation done.

jeffrey
10-02-2010, 18:37 PM
Have you not heard of 'drive-by valuations', then?

Wickerman
10-02-2010, 19:59 PM
Would you rely on one when purchasing a property?

If I was buying a property for 20% of full market value I would consider relying on just a drive by valuation.

Perplexed
11-02-2010, 07:46 AM
Wickerman is absolutely correct - and BTW I also take damp readings, etc. :)

Telometer
11-02-2010, 09:32 AM
I know my market, I know what I will pay for a property. I do not need a surveyor to tell me what he guesses that it is worth - either through a drive-by valuation, or a full inspection.

"Hardly the time to sell" It is my guess that properties will shrink in value by 50% over the next few years in real terms - whilst the value remains similar, inflation will kill off the value of the asset.


We are ignoring OP.

1. OP, you have a legal duty to undertake repairs to your property. (Let us assume repairs exist and they are the sort in respect of which you have a legal duty to undertake.)
2. T is refusing you access to undertake these repairs.
3a. You can go to court and get a court order to have them done - the costs of this action will be enforced against your tenant (almost certainly).
3b. You can do nothing, and laugh as T wastes his money on visiting a solicitor.

Of course, if the roof is leaking you will want access to protect your investment. But otherwise, give the T notice (read up on how to do this properly, get it right) to go at the end of the fixed term (and wait until the last possible day to give this notice). Keep the evidence of T not allowing you into property just in case they get the Council's Environmental Health Dept involved as well.

Perplexed
11-02-2010, 11:20 AM
I know my market, I know what I will pay for a property. I do not need a surveyor to tell me what he guesses that it is worth - either through a drive-by valuation, or a full inspection.

"Hardly the time to sell" It is my guess that properties will shrink in value by 50% over the next few years in real terms - whilst the value remains similar, inflation will kill off the value of the asset.


We are ignoring OP.

1. OP, you have a legal duty to undertake repairs to your property. (Let us assume repairs exist and they are the sort in respect of which you have a legal duty to undertake.)
2. T is refusing you access to undertake these repairs.
3a. You can go to court and get a court order to have them done - the costs of this action will be enforced against your tenant (almost certainly).
3b. You can do nothing, and laugh as T wastes his money on visiting a solicitor.

Of course, if the roof is leaking you will want access to protect your investment. But otherwise, give the T notice (read up on how to do this properly, get it right) to go at the end of the fixed term (and wait until the last possible day to give this notice). Keep the evidence of T not allowing you into property just in case they get the Council's Environmental Health Dept involved as well.

Yes, I know my market too, but having viewed countless repos I also know how much damage can be done to a property, and refurbishment work costs money - 100% of which you have to put down in cash, as opposed to the purchase price of a property, most of which will be covered by the mortgage and you only have to put down the deposit. What many people don't realise is that refurbishing a wrecked property often requires more capital (and hassle) than purchasing a similar one in better condition.

I agree that with galloping inflation the actual value of real estate will not increase much in real terms. But you are forgetting the fact that inflation is the whole point of investing in real estate. A house that was purchased for less than £5k in 1969 is now worth £230k. Inflation shrinks the debt on your property and increases your equity far more than an interest and capital repayment mortgage would do.

As for the advice you give the OP, I agree totally. Evidence that T is denying access is of paramount importance, so an invoice from the tradesman for an abortive call-out, stating tenant would not grant access would be perfect, and depending on what's on the TA it should also allow the L to recover that cost.

Telometer
11-02-2010, 13:23 PM
I agree that with galloping inflation the actual value of real estate will not increase much in real terms.

I disagree. I think that in real terms the actual value of real estate should fall by about 50% from peak. As these things always overcorrect, I think 55-60% is more likely. It will not increase in real terms.