Landlord Access

Seanieke

Hey all, just looking for a bit of advice on when it's ok to say no to your landlord.

We're living in a 2 storey apartment, but the second floor isn't done, just floors & painted walls, it was like this when we viewed & moved in over 2 years ago. It suited us fine as we've no shed & we used it as one. Now it's full of my tools etc.

This weekend we got an email from our landlord, who's over seas, saying he'd booked a builder in next month to instal Velux windows upstairs, "the shed". As I'm an electrican I've lots of tools & gear a builder would love to have, not to mention other stuff throughout the apartment. Now no offence to the to-be builder but we dont know him from Adam & wouldn't be comfortable having a stranger in the house for a week. As we both work we'd not be here to see who, and what, enters & leaves.

We wrote back to the landlord saying we were tight for space upstairs hoping he'd take the hint & defer putting them in for a month or 2 until our lease is up & we move out but he just said to move the stuff to one side.

Have we any grounds to deny him get the builder in???

Thanks in advance,
Seán

dudara

Well, your landlord, or any agent of his, cannot enter the premises without your explicit permission. So you could deny him right of entry.

However, this would be unreasonable of you. He is trying to improve the property, after all. I'd suggest that you think about what you can do.

Coriolanus

IS there a room that the builder won't need to access that you can lock? That'd be the best solution imo. Dump the stuff in there.

Seanieke

Well we feel we would have to lock every room anyway, but it is more the amount of stuff that would have to be moved, and no where really to move it to as there is no space left!
How is it unreasonable when we are moving out a month after he wants the builder in. Surely he could delay it a month.
I do not mean any offence but it is not his stuff he is letting the builder among! Therefore not his problem if it gets robbed...

Coriolanus

Well, if you're moving out anyway, then there's minimal "backlash" to just telling him no. You'll be gone soon so any illwill shouldn't generate ongoing aggro.
Afaik you're fully within your rights to deny him or the builder prolonged access when you're not present.

Cathmandooo

Why arent you just being honest with your landlord and request that he defer the builder until you're out of the place? This 'dropping hints' thing is ridiculous. Seriously. Your landlord sounds pretty reasonable in giving you a months notice in the first place.

Contact the landlord and put in your request, tell him that you have a lot of equipment for your job that you'd be concerned about with strangers in and out of the place without your supervision. See what he says. It would probably only take a day or two anyway, maybe you could arrange to be off work if the landlord insists on carrying out the work in a months time.

D3PO

Given the notice period being given and the reason for access I dont think you actually have a right to refuse flat out but instead have a right for it to be convienent with you, at least thats how I read it on the Threshold website.

I dont see how it would take a week to fit some VELUX windows though more like a day or 2 max. Perhaps this can be done when your going to be in the property ?

Privacy

As a tenant you are entitled to quiet and peaceful enjoyment of your home. Your landlord is only allowed enter with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement with you.

Little A

This is not essential work & the Landlord requires your permission to gain access.

Have you given correct notice to the landlord?

NOTICE PERIOD

DURATION OF TENANCY NOTICE PERIOD
Less than 6 months 28 days
6 or more months but less than 1 year 35 days
1 year or more but less than 2 years 42 days

2 or more years 56 days

I would suggest you offer your notice to the LL & then he can schedule to do the work after you have vacated the property. He does not have a legal right to enter and do this work as you are a rent paying tenant.

He'll probably have some other work to do after you leave (such as painting).....it will be easier for him to do the work when the place is vacant.

D3PO

Little A wrote: »

This is not essential work & the Landlord requires your permission to gain access.

Have you given correct notice to the landlord?



I would suggest you offer your notice to the LL & then he can schedule to do the work after you have vacated the property. He does not have a legal right to enter and do this work as you are a rent paying tenant.

He'll probably have some other work to do after you leave (such as painting).....it will be easier for him to do the work when the place is vacant.

where are people getting the idea the OP is leaving from ?? Its not been said once !!

also as to what is or is not essential work there are no clear guidelines anywhere so it can be argued either way. As with everything else related to tennancies in this country its as clear as muddy water

Little A

Seanieke wrote: »

We wrote back to the landlord saying we were tight for space upstairs hoping he'd take the hint & defer putting them in for a month or 2 until our lease is up & we move out but he just said to move the stuff to one side.

Have we any grounds to deny him get the builder in???

Thanks in advance,
Seán

I took that to mean they plan to leave once the lease is up?

My understanding is that a LL can only gain access with permission. The only time permission is not required is if there is an emergency.

I wanted to try to arrange access to change curtains (picked up a bargain pair & reckoned they would make a nice improvement to the property). Texted the tenant and she just said no, she liked the ones that were there. I don't believe I was allowed to insist on gaining access.

But I'm open to correction as I agree that this whole area is very unclear.

D3PO

ah didnt see that note that the tennant was moving out thats for pointing it out.

Id suggest then that the OP just tell the landlord they have equipment there and arent comfortable for somebody to be in around that gear whilst they are out and thell the landlord to arrange this to take palce after they ahve moved out at the end of the lease.

Seanieke

Nevore wrote: »

IS there a room that the builder won't need to access that you can lock? That'd be the best solution imo. Dump the stuff in there.

There's alot of stuff, attic is open plan, the size of the 4 downstairs room and is full!

Seanieke

Little A wrote: »

Have you given correct notice to the landlord?

We told him April 1st we're moving out lease ending June 30th, I think that should be enough notice! Reason for moving, parking, but thats another days rant!

RentDayBlues

Just tell him no - case solved. You're moving out and he can do the work then, he's just trying to save himself money by getting the work done with a tenant in place - you can bet if it was new tenants he wouldn't ask, its just because you're leaving

Seanieke

OK we've got an update, he says he's still going ahead with window instalation (so we're going to email back now with an outright no as it's non essential work) & now wants to show people around the apartment on Sundays before we move out!

Can we stop people coming in while we're still paying rent??

I can see this getting messy now with regards our €1000 deposit, as in he'll see us as messing him about & not return it.

Graces7

Seanieke wrote: »

OK we've got an update, he says he's still going ahead with window instalation (so we're going to email back now with an outright no as it's non essential work) & now wants to show people around the apartment on Sundays before we move out!

Can we stop people coming in while we're still paying rent??

I can see this getting messy now with regards our €1000 deposit, as in he'll see us as messing him about & not return it.

It would be a good idea to have a chat with Threshold about this.
They will advise on the whole matter; sounds as if he is trying it on. And often an official third party involvement will stop a man like that.

http://www.threshold.ie/

In the terms of the Tenancy Act, a landlord can only enter by prior arrangement and at mutual convenience.

So on that score alone he is totally out of order.

And they will advise also re the deposit issue.

We had one once who actually got through a locked gate after we had said NO to non-essential work.

Threshold were preparing a file when the floods came and we moved out.

Cathmandooo

Graces7 wrote: »

In the terms of the Tenancy Act, a landlord can only enter by prior arrangement and at mutual convenience.

So on that score alone he is totally out of order.

No the landlord is not 'totally out of order'.

Check your lease with regards to viewings. My lease specifies that during the last month of the tenancy that I allow viewings of the property for future tenants with reasonable notice from the landlord. It's standard procedure.

Your landlord can't take your deposit because you're not co-operating. Deposits can only be taken for rent arrears and/or damage beyond normal wear and tear.

Do discuss the window works with threshold.

Amhran Nua

Cathooo wrote: »

Check your lease with regards to viewings. My lease specifies that during the last month of the tenancy that I allow viewings of the property for future tenants with reasonable notice from the landlord. It's standard procedure.

It may be standard procedure but that doesn't mean its legal. Private contracts and leases cannot circumvent existing legislation, and you are constitutionally entitled to the peaceful enjoyment of your home.

Cathmandooo

It's still not totally out of order for a landlord to request viewings be carried out. They're giving the tenant notice for it. Why does everything have to be difficult and a battle? An hour for a couple of Sundays to let the landlord in to show tenants around wont kill anyone. The place doesnt have to be spotless, they expect it to look lived in.

Amhran Nua

Cathooo wrote: »

An hour for a couple of Sundays to let the landlord in to show tenants around wont kill anyone. The place doesnt have to be spotless, they expect it to look lived in.

I guess some people object to having their private goods and belongings inspected by strangers while they are still paying full rent on a place.

Seanieke

I would like to point out that we work i work on sundays as well. So same point. I am not happy with strangers being in my home while i am out.
With the windows I am leaning towards it not being essential work therefore the answers no.
We are feeling very pressured into this just because he has provided notice we have to say yes! We pay the rent, so therefore should be allowed decline offers.
And we are worried about our deposit as we have heard plenty of stories about how an upset landlord will not provide you with your deposit for various reasons - not nessaily honest reasons either.
We have been good tenants, fixing anything that broke ourselves so as not to bother our land lord etc.
After we move out, and before new tenants move in the place does need work on it then. so why not do the windows then to!