Inspection of Premises
Landlord and Tenant
In the case of Beaufort Park Residents Management v Sabahipour, The Upper Tribunal (Lands Chamber) ruled that a tenant could not dictate who could enter his property on behalf of the landlord.
Mr Sabahipour, the tenant, had a leak in his property which he wanted fixed. The landlord management company sent their agent Mr O’Brien to inspect the property. Due to a personal dispute Mr Sabahipour would not allow Mr O’Brien access. The landlord management company then made an application that Mr Sabahipour was in breach of his lease.
The Upper Tribunal ruled that Mr O’Brien was indeed an agent for the Landlord and Mr Sabahipour was therefore obliged to grant him access. As a tenant he could not dictate who could carry out the inspection.
The Upper Tribunal declined to rule Mr Sabahipour was in breach of the terms of his lease as long as he allowed access within six weeks in light of the decision.
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