Can tenant refuse access to paint exterior?

[fuzzlevalve]

We have a tenant who is on 90 days notice. We caught them smoking inside twice so decided time to replace them. Outside seriously needs painting, especially window frames upstairs down to bare timber we recently discovered.
My question is can the tenants refuse us access to paint the exterior. Our PM says they can but I haven't heard this before. Appreciate any comment from the experts.

Many thanks

[Sharon]

Its a partial loss of their peace and privacy - more so if its a long job. Why not save a whole lot of hassle, repaint and do anything else while the house is empty. Have the place gleaming with every single maintenance issue addressed. Then be very fussy who to let in.

[fuzzlevalve]

It will be mid winter then. My question is CAN they refuse.

[artemis]

Tenants are entitled to quiet enjoyment. OTOH the landlord can enter the grounds without permission. I would say the first trumps the second in this case and I think the Tenancy Tribunal would agree.

Though who knows what the TT would say.

I would be inclined to offer $$$ or some free rent to allow the work if it is important enough to you.

[fuzzlevalve]

Thanks Artemis!

[SimonW]

Taken from the Tenancy Tribunal website:
Landlords can enter the grounds without giving notice

Landlords don’t need to give notice to come onto the property (the land). This usually happens when the landlord has agreed to do things (like mow the lawns for the tenants). The landlord is also usually responsible for maintaining the outside of the house and property (like pruning trees and cleaning the guttering), so they will need to come on to the grounds for those reasons. But the landlord does have to avoid interfering with the tenant’s peace, comfort and privacy.

And further down the same page:

Even though you don’t have to give notice to come on to the section, if you are planning any renovations (like house painting) you should get the agreement of your tenants as this is likely to cause disruptions to them.


Has your tenant actually refused or have you not asked them yet?

[fuzzlevalve]

Thanks Simon, we have asked and they have refused unless they are compensated.

[donna]

Oh well so they're being entrepreneurial - by paying them off with $$ or free rent it's a win-win.

cheers,

Donna

[fuzzlevalve]

Which is fine Donna if that is the law. That's what I am trying to establish. Them stinking out by smoking in a newly renovated home, twice, and lying about it is at the root of their behaviour, not a landlord being difficult.

[Perry]

Go For All

Lodge an application with the TT for a shorter period before they must vacate.

Lay out all the grounds, including breach of TA by smoking, plus unreasonableness about necessary access for painting.

[Sharon]

If an external repaint job that would take 7- 9 days where a tenant experienced loss of peace, privacy and experienced disruption it is my view from observance at many TT hearings that you would be required to offer fair amount of compensation.If you sought to involve TT they most probably allow the work but place conditions on it as well. Can be a range of mitigating circumstances that arise. Does the tenant have a baby or other situations that create disturbance from site works, sanding, dust, fumes. Does the tenant study, work from home, shift worker, do they have medical condition, would weekend work be involved, are there any other H & S issues tenant or TT could raise.It can become an entire can of worms based on a range of circumstances. Most PMs hate dealing with this kind of stuff, often for good reason.

[Sportsvee]

Do they work? Or are they away from the house during the day?

If so, then would there be no disruption if work is done while they are away?

Just a thought.

[fuzzlevalve]

Thanks sportsvee. Our PM's boss sorted it. Basically it appears they can't say no when there is no genuine disruption. So being painted as of yesterday.

[FJW]

Heya Fuzzlevalve,

Technically they can and they can refer to s.38 which is their entitlement to peace, quiet and enjoyment.....painters will need power for their power tools were you intending to compensate them for that? My advise would be to so it makes it easier for you to get it done