How often can a landlord check property?

oneday2day

We have been renting for nearly a year, we get on well with the landlord, but we have had a few issues. We were storing a lot of stuff from our old business there, he said we could not do that as the kitchen and 2 of the 4 bedrooms were packed with stuff, we had nowhere else to put it. He said that was not his problem, oit would attract rodents and would be a fire hazard. He gave us 6 weeks to get rid of it, so we did, we sold it at flea markets etc.

Everything was fine, our immersion broke, he paid a plumber to fix in within 24 hours, he has put new flooring in the sitting room, he lets us keep a dog. We were late with the rent once, he said that if it happened again, he would be issuing us a warning, so we always pay on time now.

Myself and my wife were having a hard time for a few months and my wife lost her job. We started a business and we stored a lot of the quipment in the house, and did a lot of the work in the house. The landlord came to do a check, the place was messy and the rooms and kitchen full of stuff. We have dameged the counter tops and kitchen cupboards, because of not drying up spilled water etc.

The landlord got very angry, he gave us 5 days to get the place organised or he would issue a termination notice, apparently he would also not be covered by his insurance as we were using the residentilal property for commercial purposes. We bought a shed to put the stuff into, and cleaned it, he seemed happy with that.

Now he wants to do a check every month, he gives a weeks notice, and a day/time that suits us, but this seems a bit excessive.

Is he allowed to do this?

accensi0n

I would say anything more than 4 times per year is excessive, that was the most frequent I ever had.

Just out of interest, why had you not been cleaning up spilled water? You must have know it would cause damage/rot?

handlemaster

I would blame him for wanting to check in often. Not even year and you have been late with rent , used residential property for commercial purposes caused damage... its alot of hassle for him when the market is crying out with a lack of properties to rent. That aside.. he can only view every six months

Jim_Hodge

Once a month seems excessive but I don't blame him after the litany of events you listed. He needs to be reassured that his property is safe, undamaged and legal.

nothing

If you have a lease, it might be written in there. If not, RTB recommends once every 3 months.

I think he is being very reasonable, considering he has already had to give you several warnings about how you are using the property, including using it for storage and for commercial purposes, and causing damage. Its possible your using it for commercial purposes could invalidate his insurance on the property. If I were him I'd be looking into my options to terminate the lease.

If you owned the property yourself, would you be as careless and casual about damages, especially water damage?

If think if you want to stay, you need to sort out proper storage for your business, and let him inspect as often as he wants. And start looking after the place.

oneday2day

Thanks for the replies, initially he had said he would only inspect every few months, but said if we wanted to stay, he would have to do it every month after the problems. I know he only checks his other properties every 3-4 months.

The water damage to the counter was from us just letting things slide, we got a bit overwhelmed. He has to travel 3o minutes each way to check the property. but it's still annoying.

I can see what he is worried about, but still. I can see where it's recommended to view every 3 months, but theres no law saying more often is against the law, only that notice needs to be given.I guess I'll keep looking.

JustJoe7240

What is your issue with him inspecting?

walterking

He would have been in his rights to issue termination notice.

You cannot operate a business from a rented domestic property without express permission. Insurance would need to be ammended too.

Seems a decent landlord - allowing you keep a dog and giving you opportunities to correct things.

Once a month is warranted. Maybe you will start to treat the property and your agreement with some basic respect now.

Deeec

https://www.boards.ie/discussion/comment/119802311#Comment_119802311

It's as simple as keeping the property reasonably tidy and clean - if you keep the house right inspections wont be a problem. You really need to cop yourselves on as your landlord seems to be actually decent. There are no excuses for leaving water on wood - a few seconds would have wiped it up. You need to have respect for the house you are renting

Running a business from a rental would invalidate insurance so he is right to be concerned. Your landlord is right to keep an eye on you as you have shown you can't be trusted - after being told not to use the house for storage, you once again used the house for storage which is baffling being honest.

GerardKeating

If they "find" something everytime they inspect, then maybe they should be inspecting more often...

Akrasia

I'm normally on the side of the tenant but it seems he has done everything you asked him to do and you have caused damage to his property through neglect.

In this case I think you have 2 choices, allow the inspections or find somewhere else to rent

I think you have given the landlord plenty of reasons to perform regular inspections.

When ye start behaving like responsible adults I'm sure he will reduce the frequency of his visits.

gmisk

The checks are OTT imo...but I don't blame him...you don't seem like great tenants...in fact you sound like a bit of a nightmare

You have admitted damaging the property

Storing loads of stuff from an old business...then a new one...

You have a dog which it doesn't sound like you had at start of the lease.

Late with rent...

Maybe read back what you have typed?!?

Dial Hard

Jesus wept. And I'm living at home at 40 because I couldn't find a new rental after my long-termer - which I spent 9 years in without once being late with the rent or causing any damage - was sold.

endofrainbow

He's given you an inch and you've taken a mile. He sounds quite decent but as you've admitted, you've taken the p&ss on more than one occasion.

Shape up or ship out.

ballyharpat

You signed a lease to maintain the property, it sounds like you are in breach of the lease for lots of things.

If there is any more damage, or anything goes wrong with the property, yhere have been cases where the landlord is held responsible , because he did not carry out inspections. In this case, he knows there could be issues, so if it went to court and he were trying to get money from you, then, the judge would/could say, you knew they were problem tenants, you did nothing about it. The same with rent, I believe, if a landlord allows tenants to pay late, then they have set a precedent and it's difficult to lay down the law of contract when the landlord had been lenient in the past.

If I were ye, I would maintain the property, be nice to the landlord, and be grateful that he left ye stay. If you had done any of these things in the first 6 months of the lease, then he could have given you notice to leave, most landlords would have.

Are ye paying market rate or below market rate rent?

M3CS

I'll be honest - you sound like a truly awful tenant and if I was your landlord there's no way I'd let you continue to live in the house. You've damaged his property, failed to pay the rent on time, used the house for commercial purposes and treated it as if it were a storage facility. He asked you to not keep junk from your defunct business in the house but you did it anyway. He asked you to not use the house for commercial purposes but you did it anyway. By your own admission, the kitchen fittings were damaged as a result of your complete carelessness and lack of respect for the property.

Can you explain why you think he shouldn't inspect the property once a month after you've repeatedly demonstrated that you can't and shouldn't be trusted? As a private landlord, I have to admit that the prospect of being stuck with a tenant like you is my worst nightmare.

anndub

https://www.boards.ie/discussion/comment/119802311#Comment_119802311

He requested once that you don't store commercial equipment on the property and then within a year you did it again while also operating a business from the property. You've missed rent and also caused completely avoidable damage. It's really not difficult to mop up spilt fluids and being overwhelmed isn't a valid excuse. It's a 2 second job

You honestly don't sound like the easiest if tenants so with the way things are in the rental market if I were you I'd keep my head down, live by the rental contract you have and put up with the inspections. They really shouldn't be that cumbersome if you're keeping the house well. I doubt he's going to persevere with them long-term if you show yourself to be a decent tenant in the short-term.

Wasn't your fiance living and working in Hong Kong up to very recently?

herbalplants

https://www.boards.ie/discussion/2058269347/how-often-can-a-landlord-check-property

I think your landlord has been extremely reasonable with your act. You owe it to him! He is right to want to see the house every month

astrofool

I think the landlord has been more than reasonable and probably a bit soft in not issuing notices already given another tenant could be got fairly quickly.

However, the question seems to be more in the legal sense, and it doesn't seem to be defined anyway other than the RTB giving a recommendation, at what frequency would the landlord be in breach of their responsibilities? (regardless of what the tenant was up to) Could the tenant argue that the more frequent inspections prevent them from having peaceful habitation of their home?

Inspections and access | Residential Tenancies Board (rtb.ie)

The_Conductor

How often can a landlord check the property? As often as is necessary. The RTB have stated in tribunals that inspections at less than 3 month intervals show neglect on the part of the landlord. Most landlords and tenants would not consider 3 monthly to be a minimum- rather a maximum- and lots of rental properties are only inspected annually.

OP- I'm sorry- but you make yourself sound like an absolute nightmare tenant- and if I were your landlord, I'd have ended the tenancy (running a commercial business alone from the property would have justified ending the tenancy). You seriously need to cop the hell on.

Gumbo

Based in the events you’ve described in the OP, you are a very high risk tenant.

There is increased risk of fires and infestation.

Once a month inspection for 12 months to ensure you are adhering to the house rules and every 2 months after that until such time as the LL is confident you are not risking the property and his/her insurance.

You have achieved something op that few have achieved before you on boards, universal support for your LL. That says something about the tenant.