The right to inspect properties
A cause of tension between landlords and tenants can be the misunderstanding of the landlord’s right to do a property inspection or utilise a property inspector. Provided that both parties understand this, disputes can be avoided.
It’s common practice for a tenancy agreement to set out these rights from the onset. Despite a contractual provision in a tenancy agreement giving permission for you to enter the property, you should still seek your tenant’s permission to do so to carry out the property inspection, given a covenant of ‘quiet enjoyment’ being present, and taking into account at a ‘reasonable time’.
A Tenant’s right to quiet enjoyment
Quiet enjoyment is a right to the undisturbed use and enjoyment of rental property by a tenant. There will be a covenant stated in the tenancy agreement, but even if not stated, the tenant still has the right regardless.
A Landlord’s obligation
In accordance with tenant and landlord law, you are required to give 24 hours notice before your visit to inspect the state and condition of the property or allow a property inspector to do so, specifically relating to a Landlords obligation as set out in Section 11 of the Landlord & Tenant Act 1985, otherwise your tenants are within their legal rights to refuse you entry (except in very specific circumstances).
Professional Property Inventory provider
If in doubt on the law, we recommend instructing a qualified property manager to inventory provider to carry out the property inspection. Feel free to contact us for additional information and advice.
