Property inspections can occur for a number of reasons. Most often, they take place at the end of a tenancy to check that the property is in order before the tenant’s deposit is released back to them. Some agencies will check the tenant in and out of a property, so that they can be sure which damage was caused by them, if any.
- From a home owner’s perspective, estate agents may enter for valuations when assessing the property in terms of its market value, and also to conduct viewings with potential buyers.
- From a landlord’s perspective, letting agents may enter the property to conduct checks on the property to ensure that the tenant is keeping it in order as well as before and after the tenancy.
- From a tenant’s perspective, a lettings agent may enter the property to conduct these checks at any time, but there are laws in place to protect you and the agent from any misconduct.
So, to find out exactly what estate agents and landlords do on a property inspection, just keep reading.
Do estate agents do inspections?
Estate agents are able to regularly inspect the properties they look after to make sure that these are being kept in good order by both the tenant and the landlord.
They may first enter the property to assess its original condition and make a sales or rental valuation based on its current state. They may also make suggestions or require changes to the property before it can be sold or rented out. If there is any damp or mould present in the property, for example, then this will need to be fixed before the tenant is able to move in. If a property has damp, mould or any significant damage this will, of course, negatively affect its value.
They may enter the property to conduct a regular inspection to check for any illegal activity, and check that the right number of people are living at the property for health and safety regulations.
If there are any works or repairs needed on the property, they may gain access in order to fix these too.
When can an estate agent enter the property?
It’s reasonable to expect that the landlord or estate agents will want to inspect the property from time to time, but there are rules in place to make sure that they don’t turn up at an inconvenient time, and that they would be expected and prepared for their visit.
The law states that:
- You have the right to live undisturbed and have privacy during your tenancy
- If the agency or landlord would like to visit, they must first request access from the tenant or the police unless this is granted by the court
- The landlord is allowed access to conduct inspections but they must first be granted access by the tenant
- The landlord needs to give at least 24hrs permission to gain access to the property under section 11 of the Landlord and Tenant Act 1985
- The visit must be at a reasonable time of day
- If the tenancy states that the landlord has full access to the property at all times then this is an illegal clause
- The tenant may forbid access to the property
- If the landlord or estate agent gains access to the property without the tenants permission, this counts as trespassing and may be charged as harrassment
These laws are put in place for the benefit of the tenant as well as the landlord, to make sure that the property is maintained well, without invading the privacy of the tenant.
What does a house inspection include?
Ultimately, a house inspection serves to assess the overall condition of the property and ensure that everything is as it should be. This means that the tenant is kept safe and given proper living conditions, while the landlord can be sure that their property is being looked after by the tenant.
When conducting the inspection, the estate agent will be looking for specific things, such as:
- Any signs of damp and mould, the earlier this is caught the better
- Any leaks or blockages, this includes checking the drains to ensure water isn’t pooling and causing damage
- Condition of bathroom & kitchen fittings
- Condition of the front and rear of the property including the garden
- All smoke alarms and carbon monoxide detectors are functioning
- Checking lofts & attics for signs of infestation
- Any illegal subletting activity
- Checking the gas & electric safety certificates are up to date
Sometimes, tenants may not welcome these inspections as they might be worried about extra charges for damages caused, and what is considered to be ‘fair wear and tear’ might differ depending on the agent.
An inspection that takes place after the tenant has vacated will determine if the tenant has any charges deducted from their deposit, so it is often recommended that the tenant employs a professional cleaner to ensure that the property is prepared for its next resident.
What happens in a house inspection?
During the inspection the estate agent will tour the property room by room, usually with a score sheet to make note of the condition of the walls, carpets/floors, windows and fittings. If the scores marked are below a certain standard then the tenant will be charged with the necessary fee accordingly.
During the house inspection, the agent will:
- Call the tenant to arrange entry to the property
- Arrive at the property and gain entry with a key, neighbour or the tenant
- Begin conducting the inspection, going room by room in the interior and then moving to the exterior of the property
- Complete their assessment and store the findings on paperwork or their device
- Return to the office and report these findings to the landlord
- Begin taking actions to resolve any problems with the property and communicate with the tenant on any works needed
Some property inspectors may be using electronic devices such as tablets or smartphones in order to store all this information in one place. This enables them to gather evidence on the device, attaching photos and videos if necessary, and keep them safe in a digital folder which may be accessed by the estate agency at any time.
This can be beneficial for both the landlord and the tenant, as any repairs needed in the property may not be avoided by the landlord when there is photographic evidence. The agency will be able to legally enforce these repairs to protect the tenants health and safety.
Similarly, for the landlord this means that all of the necessary paperwork for the property is stored securely online and avoids the risk of losing any paperwork. The landlord may also request these documents to see exactly what the property inspector reported.
Can a landlord take photos during an inspection?
Yes, the landlord is lawfully able to collect information including images about a property when they visit for an inspection for the purpose of checking for maintenance work. These images will be used as evidence of any damage to the property or to note any works that must take place before a tenant moves in, such as the condition of your boiler, water system or electrics.
But if you’re worried that there might be personal items in the photos, don’t worry, the tenant has the right to request copies of any images that contain personal information.
If the landlord has not gained access to the property on the basis of checking for maintenance work, then they are not permitted to take photos. This is because the tenant has the right to privacy within their home and if the landlord is found to have taken photos under these circumstances then they may face a criminal charge.
For example, if a landlord enters a property and begins taking photos of each room without the tenant agreeing, this would be unlawful.
This also means that the landlord is not able to use images to advertise the property online containing the current tenants personal belongings without their consent.
What happens if the tenant refuses entry?
In some cases, the tenant may not agree that the landlord or estate agent can have access to the property. This can be a very difficult situation for the landlord, especially if the tenant continually refuses entry.
Most of the time, the reason for refusing entry will be because it is an inconvenient time for the tenant, and the appointment can simply be rearranged.
In other cases, the tenant may be making it difficult for the landlord to get in on purpose. If this happens, there’s some things the landlord can do to improve their situation:
- Negotiate with the tenant and offer them an alternative day or time
- Keep a paper trail of all communication as evidence
- Inform the tenant that if they injure themselves as a result of damage in the property then the landlord is no longer liable if access has been refused
- Contact Citizens Advice
- Consult with a lawyer about next steps
While this doesn’t happen very often, it’s good to be aware of actions to take in this scenario, although the estate agent will also be able to advise on what to do in your unique situation.
Which areas may the estate agent visit?
During the property inspection the estate agent may visit every room in the property, including the bedrooms, to ensure that there is no illegal subletting taking place. When the tenant grants access to the property initially, they must understand that this means they have access to the entire property to make the proper checks.
These areas can include:
- Living areas such as lounge or dining room
- Kitchen
- Bathrooms
- Bedrooms
- Hallways & staircases
- Front and rear garden
- Garage
- Any outbuilding attached to the property
- Basement
- Loft/attic area
The tenant does not have to be present during these inspections either, although they may wish to supervise the inspections which they are also permitted to do.
If the tenant does wish to watch the inspection take place, this may just be to ensure that their valuables are safe or to make sure the property inspector is able to find their way around.
If the tenant does not wish to be present during the inspection and is unable to let the inspector in, then the estate agent may arrive with their own key or alternatively, arrange for a family member or friend to let them in, or perhaps a neighbour.
After reading, you should now be aware of exactly what happens during a property inspection and why they are so important for both the tenant, landlord and estate agent. These inspections do not serve to place blame on the tenant for damage, nor do they place blame on the landlord, they are simply a mandatory part of the estate agent’s role to ensure that laws are being followed and everyone has a fair deal.
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