Topic: Community Payback

[Trevor_D]

Ah, that's why! Our lease assigns all the "essential repairs" to us - our landlord doesn't need to enter.

[OllieC]

Do you insure the building too?

[tonybloke]

Wish someone on community payback would help us with our hedge cutting...it really is a pain every year.! would happily keep them in bacon butties and tea!!

Maybe we arent considered for this type of thing because we only pay a peppercorn rent??

you need to contact your local probation service office. you will need to fill in loads of paperwork, and get on the waiting list. we have to provide refreshments (tea coffee sugar milk and we purchased a large thermos flask for them), and a toilet for the workers.(we rent in a porta-loo)
;)

[lincsyokel2]

the landlord, or his agents, have no right to access the rented property without your permission

This is, of course, complete nonsense. As a landlord I just have to give reasonable notice. If it's for routine maintenance, this is normally taken to be 24 hours but I just need to tell them & it can be less. I don't need to ask their permission. If there's a flood or fire, I have to shout "I'm coming in" before entering. I once rescued a drunk tenant from a fire that he had started in a poperty we own. Are you saying I should have asked him for permission first?! He had changed the locks so I charged him for a new door too.

And good to see so many people on here saying they deserve a second chance (with supervision) - quite right!

I suggest you a) go and read the  site  below before one of your tenants sues the balls off you and b) you get another solicitor, one thats knows something about housing  law.

http://www.thesite.org/homelawandmoney/home/tenancyrights/yourrightsasatenant

[tonybloke]

yep, first thing it says is 'reasonable notice is required'  it doesn't say they can't turn up at all!!! did you actually read the site yourself?

[lincsyokel2]

You can't change the law with a contract, even if both parties want to. You certainly can't do away with  a statutory right! Not sure about your case, but I have seen many tenancy agreements that have nonsense in them - some from large companies.

This sight: http://www.simplyrent.co.uk/tntfaq.htm/#Q10 says the same as I have been told by our solicitors.

"Landlords have a statutory right of entry to the property for inspection and repairs under the Rent Act 1977 and the Housing Act 1988. The Landlord also has a right of entry under the Landlord and Tenant Act 1985 if the Landlord is obliged by Section 11 of that Act to carry out essential repairs. The Landlord's right to make reasonable visits to check the condition of the property is also normally included in the agreement with the Tenant.
The Landlord should always take care not to interfere with the Tenant's right to peaceably occupy the premises without interference, and should give notice of his/her intention to enter the property. Normally the Landlord should give you at least 24 hours notice, and only call at a reasonable time during the day or evening."

This is true, but the landlord CANNOT turn up randomly and demand entry, CANNOT simply turn up when you are out and enter and HAS to give you ONE MONTHS notice of his intentions to enter to perform inspections and repairs.  In this case, these people walked onto the guys plot with no formal notification, and caused damage in the process. Legally, they havent a leg to stand on, especially in the light of the case  i mentioned, where a clamper and his landlord have been sued for going onto a rented private parking place and illegally clamping a vehicle.

[SMP1704]

To move back to the original question.  Yes, we have had Community Payback teams on our site.  Initially it did feel a bit odd - in that they were there to be 'punished', which didn't sit at all well with me.

By and large all of the teams have worked hard and done a good job.  In our area, the hardest part of the organising is getting the probation service bod to turn to do a site inspection.  Also the teams are not allowed to use any mechanical equipment and one team leader wouldn't let them work in the rain (light shower)

We are slowly turning our site around and without the CPB teams doing a lot of the really heavy work, I doubt we would have made as much progress as we have.

Go on, everyone deserves a second chance :D

[tonybloke]

This is true, but the landlord CANNOT turn up randomly and demand entry, CANNOT simply turn up when you are out and enter and HAS to give you ONE MONTHS notice of his intentions to enter to perform inspections and repairs. .

so, if you get a leak in the water supply, you expect a month's notice before repairs? get real, chap!!

[Robert_Brenchley]

We're not talking aboput housing here. The law's likely to be somewhat different, though notice should still be required, and I'd expect the landlord or their agent to be required to take due care. That doesn't seem to have happened here.

[lincsyokel2]

We're not talking aboput housing here. The law's likely to be somewhat different,

Not according to the Appeal Court. Tenants rights apply to a rented car parking space as equally as to the flat to which it was attached, so the principle that any rented space has tenants rights has now been established. You need to read more and keep up with the changes and rulings of the Appeal Court.

[OllieC]

@lincsyokel2 - we have around 50 occupied flats and have done for around 20 years, I'm pretty good on the basic legalities thanks! The lawyers that we use drew up the 6 month AST that is now the standard template for all members of the NFRL so I'm fairly certain they're quite knowledgeable. Tenants have many rights, but there are also a few myths about the landlord's rights. To me, you should rarely need to get into the legalities as it wastes everyone's time and money - much easier just to be reasonable. Anyway, it's normally cheaper for us to pay someone to leave than to evict them (you rarely want a good paying tenant to leave!).

Oh, and  nobody can sue the balls off me.  ;)

[Digeroo]

This thread has become a bit of muddle between community payback and tenant rights.

Maybe we arent considered for this type of thing because we only pay a peppercorn rent??

You can approach the community paypack team with a proposal of a scheme of work that needs doing, if it fits their criterion and if they have suitable teams they will do the work. 

You are not entitled to enter a property as a landlord even if they are wrecking the place.

[SamLouise]

lincsyokel2, I have removed your last post (and that of tonybloke) to moderation.  Please DO NOT use foul language whilst debating with other members and please DO NOT make personal attacks on other members.

Also (to all) please try to stay on topic. 

Thanks.

[jazzman2]

I've read this thread in utter amazement we use probationers on our community site and yes maybe some of them have done things you may not like ,but if you talk with the supervisor who HAS to be with them ,I personally know ours, he has the choice of people to use on each project,if your grievances about some damage is right get him to put it right next time, generally it is a learning curve as how they work on your projects,with ours they like it ,its generally cleanish work, decent environment and most will put a few syllables together,some are lazy ,but some will work hard   ??? its all about fair communication

[tonybloke]

a couple of 'before & after' photo's of some of the work that 'community payback' have been working on, on one of our associations sites.[attachment=1][attachment=2][attachment=3][attachment=4]

 ;D ;D ;D