Regular inspections are a vital element of property management. Inspections ensure landlords have detailed records of the condition of the property at regular intervals, can assist in identifying repairs, preventing disputes and providing landlords comfort in knowing their investment is being cared for properly.
Access for inspection
Private landlords have a right to access the let property for authorised purposes which includes inspection to identify if work is required for the landlord to comply with repairing obligations. While not obligatory, private landlords should ensure such inspections are carried out regularly.
If a landlord uses the services of a letting agent, the services provided by the agent will normally include periodic property inspections. Section 74 of the letting agent code of practice provides “If you carry out routine visits/inspections, you must record any issues identified and bring these to the tenant’s and landlord’s attention where appropriate ….”
In a recent FTT case, a landlord raised a complaint regarding an agent’s failure to provide her with a copy of the report following an inspection that took place in November 2021. It was the landlord’s position that had that report been provided she would have been aware of a leak and resolved the issue sooner, thereby avoiding deterioration of the property and additional costs for works. The landlord sought compensation amounting to approximately £11,000. The agent accepted a failure to send the report to the landlord.
The FTT determined that the agent’s failure was a breach of paragraph 73 and 74 of the Code. However, the FTT was not satisfied that any purported losses incurred by the landlord for the cost of the repair were directly attributable to the agent’s failure to send the report.
The FTT accepted the landlord had been denied the opportunity to have the roof repaired at an earlier stage and awarded her compensation in the sum of £500 (this awarded included compensation for a failure to comply with the agent’s complaints procedure).
This case highlights the importance of inspections, which if undertaken regularly can identify repair works and preserve the property for the benefit of both the landlord and the tenant. It also serves as a reminder to agents to ensure property inspections are undertaken at agreed intervals and reports/issues identified are reported to landlords.
For more information or advice contact our PRS experts – prs@tcyoung.co.uk
