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LondonlawyerJ
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Category: Law
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Experience:  Solicitor with over 15 years experience.
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Is it a legal requirement housing association to do

Customer Question

Is it a legal requirement for my housing association to do an asbestos check which involves taking pictures of the inside of my flat? They have only instigated this in the last three years and I have lived here for 8 years.
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience.
Can you give me a little extra context please so that I can give you a useful answer.
Customer: replied 1 year ago.
A representative firm called me in the last hour asking if a surveyor could gain access to do an asbestos check of the flat I live in. The last time they did this was last year and at that time he took a photo of my living room from the hall way. He said he was taking a photo of the ceiling but the way his hand was positioned looked like he had taken a picture of the tv stand by the window. In any case any photo he took of a white stippled ceiling on a mobile phone with a flash wouldn't have given a clear picture of the ceiling as the flash would have burnt out the details. You probably realise I understand photography. Now I am suspicious that what they are really trying to do is view the inside of my property to ascertain what condition it is in. I believe they have to give me 28 days in writing to gain access to my property, I have an assured tenancy. When I refused the company access because the same survey has been done each year for the past year, and obviously nothing has changed, she told me that it is a legal requirement that one is done every year, but I never had one before 2013. So is it a requirement by a housing association that this has to be done?
Expert:  LondonlawyerJ replied 1 year ago.
No there is no general legal requirement for them to do an asbestos inspection every year. Was there any other purpose to the requested inspection? Also there may be an inspection requirement contained in the tenancy agreement.
You can always awrit to ask them to provide you with details of the legal requirement (which Act of Parliament, which decided case or which clause in your tenancy agreement) before agreeing to let them in. Tell them that if is a legitimate legal reason you will let them in. Ie call their bluff
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Customer: replied 1 year ago.
Thank you I will call them on it.
Expert:  LondonlawyerJ replied 1 year ago.
Thankyou for the rating.

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