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Ask Stuart J Your Own Question
Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 22808
Experience:  Senior Partner at Berkson Wallace
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We are letting agent that with a tenant that has not paid

Customer Question

Hi,
JA: Hi. How can I help?
Customer: Hi, we are letting agent that with a tenant that has not paid their rent. Back on their midterm, mould was found in the lounge, she was told to clean, open windows and not to put heavy furniture against the wall. However, in the meantime I have found out the previous letting manager allowed the tenant to move in with a carbon monoxide alarm. I have given the tenant 24 hours to gain access but she has refused. Where do I stand? thank you
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We sent a reminder letter Saturday for the rent.
JA: Where is the property located?
Customer: Then yesterday emailed, texted and called her for us to gain access to clean the mould and apply special paint, we also said we was going to check the alarms, no reply was received yesterday so I posted an intent of access for 24 hours. This morning she replied via email saying we cannot do anything until the 15th November - obviously this is holding up payment of rent but biggest concern is the alarm - can I just gain access as an emergency. We are located in South Wales
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i think that's it for now
Submitted: 6 days ago.
Category: Property Law
Expert:  Stuart J replied 6 days ago.

So essence, the tenant is complaining about the condition of the property and refusing access to do what needs doing?

What is the reason that she will not allow you in until the 15th.

Why should that be holding up the payment of rent? It shouldn’t.

When you talk about the previous letting manager allowing the tenant to move in with a carbon monoxide alarm, do you mean without? Has that now been remedied?

If it hasn’t, I think you could reasonably justify it being an emergency provided you went into the property when the tenant was not in occupation because the reality is there is very that she could do about that.

Moving into do decoration however is a different thing altogether and that would certainly need more than 24 hrs notice.