HMO- can L enter/use communal areas?

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    HMO- can L enter/use communal areas?

    If you live in an HMO can the L and his builders still come and go whenever they like in the communal areas even though they are not working on this particular property. Early in the morning the tenants have to make their way to the bathroom and it is embarrassing when L holds meetings in the communal areas. L claims he can do what he wants and says he could even make a temporary office in the communal areas if he so wishes. Is this right?
    To know how rich you are, count the things you have which money can't buy.

    #2
    It depends on:
    a. what areas are let by each Letting Agreement;
    b. what rights are given to each T, by Letting Agreements, for use of the common parts; and
    c. what rights L reserves, by provisions in each Letting Agreement, for own use of the common parts.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thanks for your reply.
      Tenants have told me their agreements like mine, mention nothing about the L using the common parts for his own use.
      To know how rich you are, count the things you have which money can't buy.

      Comment


        #4
        So, as L reserved no rights, he cannot hold meetings there. These would obstruct the tenants' own access rights over the common parts.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by jeffrey View Post
          These would obstruct the tenants' own access rights over the common parts.
          Not if they stepped aside !
          A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
          W.Churchill

          Comment


            #6
            Originally posted by Rodent1 View Post
            Not if they stepped aside !
            Just as for easements, any obstruction is prohibited- even if the obstruction can be circumvented.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Yes, but only a stubborn [refuse to move] person could be considered as such.
              A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
              W.Churchill

              Comment


                #8
                Landlord's access to communal areas

                I'm living in an HMO. It would appear that the landlord will regularly enter the property without any notice. Our contract states 24 hour's notice, but then the contract refers to a single room (which does not have a lock).

                I would like to know whether the landlord has access to the communal areas without any notice? It would seem to contravene the free and quiet use of the property

                Thanks

                Comment


                  #9
                  Communal areas

                  Hi

                  I am not currently involved in HMO's but I would have thought he would need access to communal areas for cleaning etc.

                  Just my thoughts

                  Dave

                  Comment


                    #10
                    Originally posted by mh8782 View Post
                    I'm living in an HMO. It would appear that the landlord will regularly enter the property without any notice. Our contract states 24 hour's notice, but then the contract refers to a single room (which does not have a lock).

                    I would like to know whether the landlord has access to the communal areas without any notice? It would seem to contravene the free and quiet use of the property
                    No, it wouldn't, because "the property" (= what L let to you, T) is your single room and not the common areas.
                    On the other hand, L cannot forcibly enter "the property" (= what L let to you, T) itself- only with your prior consent.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      Thanks for the information. It does seem rather ethically wrong that he can enter the communal areas without any notice, however.

                      Comment


                        #12
                        Originally posted by mh8782 View Post
                        Thanks for the information. It does seem rather ethically wrong that he can enter the communal areas without any notice, however.
                        I can't see your logic here. The other occupiers use the commor areas - and you didn't even know them when you moved in. At least with the landlord it is someone you knew well enough to enter into a legal agreement with!

                        However, having no lock on your room door does not sound right. If 'the property' were a house, not just a room, in order for it to be inhabitable it would have to be secure.

                        Looking at page 34 on this document http://www.communities.gov.uk/docume...pdf/150940.pdf I think there is an implied duty on your landlord to keep you safe from other occupants - ie a lock on your door.

                        Comment


                          #13
                          Originally posted by Snorkerz View Post
                          I can't see your logic here. The other occupiers use the commor areas - and you didn't even know them when you moved in. At least with the landlord it is someone you knew well enough to enter into a legal agreement with!

                          However, having no lock on your room door does not sound right. If 'the property' were a house, not just a room, in order for it to be inhabitable it would have to be secure.

                          Looking at page 34 on this document http://www.communities.gov.uk/docume...pdf/150940.pdf I think there is an implied duty on your landlord to keep you safe from other occupants - ie a lock on your door.
                          I agree. However for fire safety reasons, the lock must be able to be operated from the inside without a key, i.e. by means of a thumb-turn mechanism. (There is a technical term for this which escapes me).
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                          Comment


                            #14
                            Originally posted by Snorkerz View Post
                            I can't see your logic here. The other occupiers use the common areas - and you didn't even know them when you moved in. At least with the landlord it is someone you knew well enough to enter into a legal agreement with!

                            However, having no lock on your room door does not sound right. If 'the property' were a house, not just a room, in order for it to be habitable it would have to be secure.

                            Looking at page 34 on this document http://www.communities.gov.uk/docume...pdf/150940.pdf I think there is an implied duty on your landlord to keep you safe from other occupants - ie a lock on your door.
                            Okay, when I wrote this I was obviously tired! The above is a subtly corrected version as I can no longer edit the original.

                            Comment


                              #15
                              Originally posted by Snorkerz View Post
                              Okay, when I wrote this I was obviously tired! The above is a subtly corrected version as I can no longer edit the original.
                              Now I'm really confused! This is like one of those Spot the Differences puzzles and apart from the insignificant typo, I cannot spot any differences. Please enlighten us!
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                              Comment

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