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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 5249
Experience:  LLB (Hons)
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For SASH_Law: Dear Lea, Upon the local council's request, I

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forCustomerDear Lea,
Upon the local council's request, I had arranged for a Fire Risk Assessment for my property to be carried out and informed my tenants accordingly two days in advance. To keep disruption to a minimum I even arranged so it coinsided with a plumber's visit.FYI tenants rent individual rooms/bedsits, not the property as a whole.However, upon arrival the assessor was refused entrty to the property (not just the tenant's room) by one of the tenants on grounds of safety because he did not carry his professional ID, whereas other tenants were ok with the visit. Offering his driving licence AND the email communoications proving that I had arrange for his visit, was not accepeted and he was turned away.1. Considering this was essential work requested by the council, and that the tenants were informed in advance, was the tenant within her rights to refuse? Can this be considered as breach of contract (albeit the agreement I have is a verbal one) AND can it be presented in my Section 8 eviction hearing as support?
2. Is there anything I can do to prevent this from happening again?Thank you.
Stathis

Hello, how are you today?

My name is ***** ***** I am going to assist with your query. Let me just read your post.

Things may be a bit slower today as it is a weekend, but please be assured I will get back to you with a response as soon as I can.

In my view the tenant could have called you to verify who the assessor was, so yes, they're in breach of contract. It's one thing being cautious about who enters your property (even if rented you have a right to do this), but when it is clear that the person who wishes to enter is there for a specific, important reason, then refusing entry is, in my view a breach of the tenancy agreement.

The trouble is, believing it to be a breach isn't fixing the problem, and you do need access to get the check done. I'd suggest re-arranging the visit as soon as possible, and accompanying the assessor yourself to facilitate the check - this is all you can do to prevent it from happening again. Or ask that the assessor shows his professional ID, which he should have on him anyway.

Yes, you can certainly raise this as an issue in your hearing, especially if the tenants are saying you didn't do repairs etc., then this is evidence that when you tried they refused entry.

Can I clarify anything about my response for you?

SASH_Law and other Property Law Specialists are ready to help you
Customer: replied 15 days ago.
Lea, thank you. This has been very helpfull and reassuring; at an very stressfull time. I have already asked to reschedule the appointment and informed the council of the incident. I may need some advice on how to best prepare for the eviction hearing. Shall I do it as a separate question?

Yes, it is a new query so must be posted in a new thread.

Thank you so much for using JA and allowing me to answer your query for you. If you have further questions about my responses above, please do feel free to ask them in this thread.

If you have questions on different topics, you can open a new thread and mark it for my attention by putting FORCustomerONLY in the subject heading, or choosing me as your preferred expert from your membership page.

All the best!