Property Inspection

S12

Hi all,
I received a routine property inspection notice in the post... 6 hours after the inspection took place. I know the postal system is really to blameas it was sent 3/4 days (not inc weekend) before, but in reality I did not get the 24 hours notice required by the agent to come in. Is this right or should the company have confirmed receipt of the letter? I'm bothered by this because the place was messy enough and I didn't have a chance to clean up, tidy away personal stuff and the like.

Cantab.

You mean someone walked through your home without your knowledge?

I'd call the gardai immediately. Make sure they take your details and you get the garda's name.

I'd also seek legal advice. You should be going above the heads of any landlord/management company. I'd also express your anger to the landlord/management company ASAP, but don't show all your cards.

It's your constitutional right to privacy in your own home. A judge will have no problem upholding this right to the fullest extent.

S12

But is posting the letter not count as the required notice? They did attempt to give me notice it just got there too late. Also, I couldn't prove it didn't arrive until after the inspection.

dannysuir

they only have to give you 24 hours notice. it doesnt say that it has to be written but usually if posted it is presumed to have been served. its a legal term called the Postal rule. at any rate u cant go to a jude, u have to go to the PRTB first which takes months and eben then it seems to be a misunderstanding. u didn't have to let them in at the time, if u did u forfit ur rights.... don't listen to talk about judges n the like its only foolish stuff and not realistic. if they went into the property while u were not there then there may be an issue

S12

No I wasn't there. I only received the notice when I got home from work saying that they were due in that morning. I know its a misunderstanding but its pretty invasive and Im worried that they might give out that the place wasn't clean enough. I don't think I'll say anything, but if they do I'll be P.Od.

Victor

How do you know they didn't deliver the notice at the same time as the inspection?

They should have phoned if they didn't get a response to their letter.

S12 wrote: »

Also, I couldn't prove it didn't arrive until after the inspection.

Their problem not yours.

S12

They didn't. There's a stamp and it the post office ink mark (don't know what it's called) was 4 working days before...

dannysuir

have u asked them if they turned up ?? they may not have. but if they did they have no right to enter the proprety without your express permission, u can't agree to anything through silence. they can only tell u when they are coming and hope then u are there at that time !! you can take a case against them to the PRTB for compensation on the grounds that they broke your right to exclusive occupation of the property. check out www.prtbadvocates.com they helped me with a case only last week... they will take the case for u.just in case anyone thinks that this is an ad its not !!!

S12

I didn't realise you had to reply to these letters. They usually just say we will turn up at such and such a time on day x. If you wish to be present and cant at this time, contact us to arrange a new time. Last time I didn't reply and heard no more so I assumed they came in while I was at work

dannysuir

them giving you notice is is bascially just asking you can they come in and check the flat. they have no right to enter without your permission unless they had a reasonable fear that thye flat was in danger or an illegal activity was going on inside their. they word it in such a way that they are entiltedd to enter but in the eyes of the law they are not without ur permission. now at the same time you cannot unreasonably refuse permission but refusing on the grounds you were not present is not unreasonable. u might get compensation order from the PRTB .

bangersandmash

S12 wrote: »

I received a routine property inspection notice in the post... 6 hours after the inspection took place. I know the postal system is really to blameas it was sent 3/4 days (not inc weekend) before, but in reality I did not get the 24 hours notice required by the agent to come in. Is this right or should the company have confirmed receipt of the letter? I'm bothered by this because the place was messy enough and I didn't have a chance to clean up, tidy away personal stuff and the like.

Something somewhat similar occurred to me recently. On two occasions I received letters notifying about an inspection, and both letters arrived the day after the proposed inspection. However the agent did not visit on either occasion because I obviously did not confirm that I agreed to the inspection. Your agent should have behaved similarly. It turned out that the letters were being stamped but not physically posted in the office. To prevent any future misunderstandings I've asked the agent to call as well as post a letter in future. Your agent should do you the same courtesy.

Cantab.

bangersandmash wrote: »

Your agent should do you the same courtesy.

Courtesy? This is a lot more than courtesy. It's about a very serious invasion of privacy.

Article 40 of Bunreacht na hEireann:

5. The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.

bangersandmash

Cantab. wrote: »

Courtesy? This is a lot more than courtesy. It's about a very serious invasion of privacy.

I used that phrase in the colloquial sense. If I wasn't clear, I meant that the OP's agent is required to act in the same way. This is clearly an invasion of the privacy as you point out.

dannysuir

its an invasion of privacy if they walk in without permission full stop. however obligations arise out of a lease an one of them is reasonable access to the landlords property. a tenant cannot refuse entry unreasonably and a court order will compel a tenent to allow an inspection

streisand

Hi all, just logged on here for advice and found this post- I know it's old but hopefully you can answer?... I received a property inspection notice for my flat about 3 weeks ago in the post the day after it was due to take place. It was the first notice of it's kind (I have only been here two months) and so I assumed that since I didn't answer it didn't happen (permission required and all that). Anyway, I received a letter today saying that I broke such and such a part of the tenants agreement to keep the place in good order and I will have another inspection and this must be rectified. My flat was I admit messy- dishes in sink, laundry on radiators etc but it was not dire. Nothing is broken, nothing was filthy, just messy. Can they do this?