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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 4088
Experience:  Freelance Solicitor at Self Employed
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I am a landlord and my tenants are leaving in 5 weeks but

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Hello, I am a landlord and my tenants are leaving in 5 weeks but are denying any access for inspection and repairs (mould) on the grounds that they are too busy. Polite appeals have failed. Can I deduct lost rent from having to delay (and compensate) the next tenants from their deposit?

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today. Please note, Just Answer is an information sharing platform in a Q/A format and does not provide legal representation in any form and as such no legal lawyer/client relationship is formed.

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I will go through your question and will get back to you with my answer shortly.

Hi there,

Tenants have the right to quiet enjoyment of the rented property, without any undue interference from the Landlord.

The Landlords can not enter the premises without the consent of the tenant. The Landlords have to give reasonable notice to the tenants for their visits/inspection, repair works of the rented accommodation, in all eventualities a prior-notice of at least 24 hours must be provided to the tenant.

If the tenant is refusing access to the Landlord for repair work , and repairs are of urgent nature, then the landlord should mention the liability for costs to the tenant if the property deteriorates because of the lack of access. They should also inform them that they, the landlord, will no longer be responsible for injury to the tenant, or damage to their property, if it results from lack of access. If the landlords hasn’t been unable to make the necessary repairs to ensure their safety, and they cannot then be blamed for any problems that may arise because of it.

Landlord can gain access to the property by getting an injunction order from the court.

Customer: replied 15 days ago.
I believe they are in breach by denying access? Landlords have a statutory obligation to maintain the property. Please could you answer the question about the deposit. Thank you

You would not be able to deduct the deposit due to fact tenants are denying the access on its own.

If the property condition deteriorates due to the fact you can not attend to the disrepair issue then tenant would be responsible for the damage caused by their action of blocking your entry in to the property.

Customer: replied 15 days ago.
Thanks. They failed to report a moth infestation (which has destroyed the carpets) in breach of the contract. What percentage of the carpet replacement can I deduct from the deposit?

A certain amount of wear and tear is unavoidable in rental properties. Over time as tenants live in homes, some damage will occur. This isn’t a result of abuse or neglect by the tenants, meaning tenants can’t be held responsible for it.

Worn carpets will fall into the normal wear and tear of the house, however if the carpet needs replacement due to neglect and abuse of the tenant( as they fail to report the moth infestation) then you would be able to deduct the cost of carpet replacement that needed to be changed due to infestation.

Thank you.

Customer: replied 15 days ago.
The full cost?

Yes, if the damage is caused by the neglect /inaction of the tenants.

Customer: replied 15 days ago.
Thank you

Thank you for using Just Answers. Best wishes.

Vineet S and 2 other Property Law Specialists are ready to help you
Customer: replied 15 days ago.
Hi Vineet, another solicitor wrote this:
“The issues in relation to the walls wouldconstitute a statutory obligation to maintain under section 11 of the landlord and tenant act 1985 and as such, you would be entitled to gain access to the property ultimately even if this is against the tenant's wishes.”Do you disagree?

Hi there,

Yes I have mentioned that as well above in my answer Landlord can gain access to the property by getting an injunction order from the court for undertaking repair work.

Best wishes.

Customer: replied 15 days ago.
That’s not the same as entering even despite being against the tenants’ wishes.

Yes, as court will grant you access into the property .

Thank you.

Customer: replied 15 days ago.