Access to property for estimates for damp proofing

[JNoles]

Any advice on this would be appreciated.

At the last inspection of my property my tenants pointed out some damp on one of the kitchen walls. I am keen to sort this out both for the good of the tenants, and in order to make sure the problem doesn't get any worse and create further problems with the property.

Both the tenants work and are out during the day (weekdays). They have said the only times contractors from damp proofing companies can call to do estimates is after 6pm weekdays or after 11am Saturdays. Not surprisingly I cannot find any companies that are willing to visit at these times.

Where do I stand on this? Obviously the work won't get done if they can't/won't provide access for estimates (let alone the actual work being done). Can I in any way require the tenants to provide access at a time when companies are able to call to do estimates? I appreciate all the stuff about quiet enjoyment etc but this is for their benefit as much as anything. I don't want them to become ill because of damp but can't do much about it if there are these problems with access.

Any suggestions?

[Jennifer_M]

You could offer the tenant to go yourself when the contractors come and use your key when they are at work.

It's likely they won't like that either and will want to be present but offer this solution to them and if they still refuse explain to them that it's in their interest and that maybe they could take half a day off to allow the contractors to come in.

If they still won't, just tell them that there's not much you can do: the contractors can't do it after 6pm and they just refuse to allow the visit during work hours. You can't do miracles.

[Plusabit]

If they will not let you in and you feel that the problem is causing damage, give them notice and when they vacate get the work done. You seem to be doing your best but your tenants are being obstructive. If as the last poster says, you offer to accompany the contractors, they should be happy with that, if not then giving them notice might be the next move.

[MrWoof]

If, as seems to be the case, the work needs to be done, tell the tenant that you will arrange time and date for a contractor to call and will accompany them, also that you will give the tenant at least 48 hours notice of the date. If the tenant kicks up then, as Plusabit suggested, tell them that the alternative is an S21. I have found in the past that this approach works wonders, I haven't yet had to accompany a contractor.

[dazalock]

The tenants should not have to take time off work to let your contractor in, its your resposibility to give them 48 hours notice and accompany the contractors yourself.

[JNoles]

Thanks everyone, all useful advice.

However MrWoof and dazalock (or anyone else with expertise), this thing about entering the property with a contractor having given 48 hours notice in order that the tenants don't have to take time off work - is that a legal right/obligation I have, or just your own thinking?

[dazalock]

You have no right to enter the property if the tenant refuses you permission to enter as this would contravene his right to quite enjoyment of the property. You may have access in a bonefide emergency or having given reasonable written notice and the tenant has agreed. In practice, however, do you see a problem with them agreeing to you escorting a contractor to put right a problem they have highlighted or is it that they will not take time off to let the contractor in? Try to come to a arrangement, and if they are being difficult, you have every right to end the tenancy with a s21 when the time comes.

[MrWoof]

You can enter the property without the tenant's permission after giving only 24 hours notice but only in an emergency or for essential maintenance. Damp on the kitchen walls could be caused by the tenant blocking an air vent and is unlikely to represent an emergency. Try getting the tenant's permission, point out that it is in their best interests. If they still refuse, threaten an S21, bear in mind though that a threat, once issued, must be carried out. As I said before, I had this problem, a tenant would not make time for a gas safety inspection, this is a legal requirement and once I pointed this out and told them that I would accompany the gas fitter they suddenly found time to be there.