Question:
I own a property which is rented to a family. The tenants are in the property 12 months and I have not carried out an inspection to date. As I was passing the property 2 weeks ago on my way to work, I noticed that there was a lot of rubbish building up on the front lawn and there appears to be a broken window and torn curtains. I would like to inspect the property and have contacted the tenants three times in the two weeks to arrange the visit. The tenants have not responded to my request. What can I do?

Response:
You are the owner of the property, but while the tenant rents your property, it is their home. This means they are entitled to the peaceful and exclusive use of the property.

You have the right to carry out inspections of your property, and we recommend that regular inspections should be undertaken. However, you must get the tenants consent to carry out the inspection and you should give them reasonable notice.

If the tenant continually refuses access to the property or does not respond to requests, they are in breach of their obligations.

You should first write to the tenant, outlining the breach of their responsibility (in this case, not allowing an inspection), outlining the consequences if the breach continues. Offer some possible dates to carry out the inspection, if these dates are not agreeable ask them to confirm a suitable date and time. If the issue persists after the tenant has received the letter, a 28-day notice of termination for breach of tenant responsibilities can be issued.

It is recommended that all correspondence, including texts, between you and the tenant, are retained as a record.

You can only enter the property without permission if it is an emergency, and you can only enter the property after every attempt has been made to contact the tenant (for example a flood in the property or a fire etc).

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