A tenant contacted me to say their managing agent had contacted them to tell them about the ‘new law’ that means they must inspect her property every 2 months? Is this correct?
There are no laws that govern the periodicity of property inspections. In the case of this tenant, it was probably the agent’s cunning way of saying ‘we don’t trust you so we will be keeping a closer eye on you in the future’
Before I try to answer the original question, it is perhaps prudent to remind ourselves why we might inspect the property in the first place.
Q. What is the purpose of the periodic inspection?
A. The purpose of the periodic inspection is to:
• Check the tenant is happy with the property and tenancy
• Ensure the tenant is complying with the terms of the tenancy agreement
• Identify any repairs or maintenance required to the property, fixtures, fittings or contents (if any)
• Ensure compliance with relevant legislation
So the answer to the title question is that is depends on the perceived level of risk of non-compliance with the terms of the tenancy agreement and the perceived risk of the property needing repair. A property full of students may need to be inspected more often that one where a retired couple live and an older property may need to be inspected more often that a new-build (albeit new-builds do have snags). So it depends but here are some tips:
• Inspect the property every 3 months initially.
• After the first 2 or 3 inspections make a judgement call on what frequency you should inspect the property. If there are persistent breaches of the tenancy agreement or lots of repairs are identified then continue with 3 monthly inspections. Or make them every 6 months if there are no issues.
• The tenant has a right to ‘quiet enjoyment’ of the property so do not be tempted to inspect the property too often as may be the case with the rogue agent above.
• Don’t leave it too long between inspections as you cannot always rely on a tenant to report any repairs or maintenance issue at the property – the sooner you find out about that leaking roof the better. As a landlord you have repairing obligations and inspections are your eyes and ears.
• Always give the tenant at least 24 hours written notice of any inspection.
• Do not be too picky when inspecting the property. Last night’s Chinese take-away trays on the worktop are harmless (as long as they are not still there when the tenant leaves!)
• Always document the inspection in a report copied to the landlord.
• The landlord has statutory obligations (e.g. Defective Premises Act 1972) to address defects if he ought in all the circumstances to have known of the relevant defect and the only way to be sure this duty is complied with is through regular inspections – relying on the tenant alone to report defects is not a good defence.
Do you have any tips for periodic inspections?
Leave a Reply