As this is tenancy deposit week, I have asked Tom to help me out with a few blog clinic questions. So he is the one answering todays question which comes from Matthew (not his real name):
I’m unsure if this has been answered but here is my problem,
I’ve asked my landlord/estate agent to preform an inspection as its coming to the end of my tenancy, I ideally wanted them to do an inspection tell me of any defects before i move out so i can put the problems right at my own expense and then have a final inspection done when i hand the keys back.
However they tell me that they only perform one inspection and that I have no choice but to hand back the key once this inspection is complete. Do i have any legal standing in correcting any issue that are found during an inspection myself and asking for a final inspection when handing back the keys?
If the inspection takes place at the very end of or after the tenancy, then you have no further right to enter the property to complete remedial work because your rights to occupy the building end with your tenancy. Most agents and landlord would refuse you any further access under these circumstances.
If the inspection was prior to the end of the the tenancy, say a day or two before, and you wanted to go back in to complete the necessary work, the agents would be on difficult ground if they tried to prevent you because you would still have a legal right to occupy the property, but forcing such an issue would probably not be advisable. It may sour relations between you and the agent and any redress could involve a lengthy court dispute.
It is likely that the agent doesn’t want to perform a second inspection for financial reasons. No doubt they are only being paid for one inspection. If you require a second inspection, you should offer to pay for it, as it is an extra service that you require from the agent. This may soften the agent’s attitude towards you. If you were to do so, my advice would be to insist on an independent inventory company and ensure that they collect photographic or video evidence that you get a copy of.
If YOU have a problem, why not put it to the blog clinic? However there are a lot of questions submitted, so if you need an answer quickly remember that members of my Landlord Law service can ask me questions in the members forum area, and will normally get an answer with 24 hours.