Most tenancy agreements give the landlord the right to inspect the property upon giving notice to the tenant. This right is there for a good reason, so use it.

I frequently come across landlords who have not inspected the property for long periods of time and have no idea as to what breaches of the tenancy there might be, who’s living there with the tenant, what the property is being used for, or what repairs need to be carried out. This is a recipe for disaster. You must give your tenant ‘quiet enjoyment’ of the rental property, which is why notice is required before you inspect. But the property is the landlord’s asset and the right to inspect is there to protect that asset.

It’s not uncommon for landlords seeking possession for rent arrears to be faced with counterclaims from tenants for disrepair. Sometimes the counterclaims are genuine, but I’ve seen them on occasion be fabricated or exaggerated simply in order to slow down the court possession process and buy the tenant more time in the property. If this happens, there can be a long and expensive process before the landlord gets possession. And remember that, unfair as it may seem, landlords still have to carry out their repair obligations even if the tenant is not paying the rent.

When you inspect, make a written and dated record of inspection. If the tenant is there when you inspect, ask them to tell you if there are any repair problems. If they don’t report any, ask them to sign your inspection record to confirm this. If the tenant is not present, write to them with a copy of your inspection report, setting out what issues have been found and what remedial work you’ll be doing or what remedial work the tenant is required to do. You should invite the tenant to report any repairs that your inspection has not picked up. And make sure you keep copies of everything.

If you’re thinking of starting possession proceedings on the grounds of rent arrears, it’s a good idea to carry out an inspection before you serve the notice. This should weed out any outstanding disrepair issues and protect you in the event of your tenant suddenly raising a disrepair counterclaim at the possession hearing.

Need advice?

Call me now on 01482 324252 or email scm@gosschalks.co.uk  to see how I can help you.