Are you allowed to visit tenants anytime?

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    Are you allowed to visit tenants anytime?

    Hi All,

    I am looking for some information as this is puzzling me today. I was advised that you are not allowed to chase a tenant for rent arrears on public holidays. That we have to follow the same rules as debt collectors, has anyone heard of this?

    Can you, if you wanted turn up at your tenants house on Christmas day about your rent?. I am not saying I would, but it has got me thinking.

    Are we allowed to visit tenants anytime to demand rent?

    Jax

    #2
    Bank/Public Holidays are no different from other days, in this context.
    L can demand debt at any time, if complying with legal requirements and not unlawfully harassing T.
    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
      Originally posted by jeffrey View Post
      Bank/Public Holidays are no different from other days, in this context.
      L can demand debt at any time, if complying with legal requirements and not unlawfully harrassing T.
      You may wish to reconsider that word, Jeffrey.
      '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


        #4
        Many thanks Jeffrey, just what I thought, was just advised that you couldnt and thought it was wrong.

        Hi MTG,

        what word would that be "demand"? Well that is what you are doing, however it is a very strong word. I am in a position that whenever I turn up at my tenants door they are never in. I try turning up at 6am then in the evening up until 9.30pm, still cant catch them anytime. I have a CP12, that needs doing and have tried everything from recorded delivery letters, telephone calls and emails. The tenant has never responded. the last letter I sent advised that we would use our own key to gain access and carry out the CP12. Went on the time stated in the letter 3days later, the locks were changed. Very strange behaviour. Rent is never late I must add, always paid in cash posted through my door on the 14 of each month, never had to chase.

        I just think that something strange is going on, for whatever reason, they dont want me inside the property.

        Jax

        Comment


          #5
          Originally posted by jax2503 View Post
          Hi MTG,

          what word would that be "demand"? Well that is what you are doing, however it is a very strong word. I am in a position that whenever I turn up at my tenants door they are never in. I try turning up at 6am then in the evening up until 9.30pm, still cant catch them anytime. I have a CP12, that needs doing and have tried everything from recorded delivery letters, telephone calls and emails. The tenant has never responded. the last letter I sent advised that we would use our own key to gain access and carry out the CP12. Went on the time stated in the letter 3days later, the locks were changed. Very strange behaviour. Rent is never late I must add, always paid in cash posted through my door on the 14 of each month, never had to chase.

          I just think that something strange is going on, for whatever reason, they dont want me inside the property.

          Jax
          No, the word which I wanted Jeffrey to re-consider was 'harrassing'. (And he did, as you'll see from his amendation).

          Merry Christmas to you, Jax and yes, (thank you for asking), I am feeling a lot better now!
          '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


            #6
            Originally posted by jax2503 View Post
            Many thanks Jeffrey, just what I thought, was just advised that you couldnt and thought it was wrong.

            Hi MTG,

            what word would that be "demand"? Well that is what you are doing, however it is a very strong word. I am in a position that whenever I turn up at my tenants door they are never in. I try turning up at 6am then in the evening up until 9.30pm, still cant catch them anytime. I have a CP12, that needs doing and have tried everything from recorded delivery letters, telephone calls and emails. The tenant has never responded. the last letter I sent advised that we would use our own key to gain access and carry out the CP12. Went on the time stated in the letter 3days later, the locks were changed. Very strange behaviour. Rent is never late I must add, always paid in cash posted through my door on the 14 of each month, never had to chase.

            I just think that something strange is going on, for whatever reason, they dont want me inside the property.

            Jax
            Hmm... http://www.landlordzone.co.uk/forums...ad.php?t=11177 maybe?

            It's a difficult one given that they pay the rent on time, but if they are really being as evasive as this maybe you're right to worry.

            Comment


              #7
              Hi Eric,

              Thanks for that, you know how to cheer me up. I like the tenants as never had any problems, just the way I like it. Just getting a little concerned over what might be going on. I have called the tenant and asked why the locks were changed and he advised that he lost his keys. I informed him that I always keep a spare set and he should have called. Informed him of the fact that I need a set of keys for the property. He said that I shouldn't need access. He always pays rent on time, that is all that should matter to me, i dont feel that way. I run a buisness doing this however, I still like to know that everything is legal. I have asked the neighbours to let me konw when he's there so as I can go round. They say that they are there all times of the say and night, so I cant pin down a time to get them. Will keep trying.

              Hope you all have a good christmas.

              Jax

              Comment


                #8
                Originally posted by jax2503 View Post
                Informed him of the fact that I need a set of keys for the property. He said that I shouldn't need access. He always pays rent on time, that is all that should matter to me, i dont feel that way.
                Remind him that he's living in an asset of yours worth X hundred thousand pounds, and that you have every right to reassure yourself that it's being looked after - his current behaviour is giving you every reason to suppose that this isn't the case.

                A few hundred pounds a month rent received on time is trivial compared with the value of damage which could be occasioned to a property by negligence or worse. Keep pushing.

                Comment


                  #9
                  A landlords should always have a spare set of keys for emergencies both in the interest of the tenant and the landlord. Illness of the tenant, gas leak reported, building evacuation sweep etc etc. Any casual visits require greater then 24 hrs notice in writing and acknowledgement and agreement by the tenant. TaxationPete

                  Comment


                    #10
                    Hi Pete,

                    I always keep spare keys to properties, when I advised the tenant after 3months of him failing to arrange appointment for CP12 I wrote and advised that we would use our master key and I will be present at the time the workman is there. I was passing a few days later and decided to knock on the door while there, and noticed the lock had been changed. So feel that something is not quite right.

                    I have contacted his previous landlord and he advised he is a model tenant, however having an good chat with the landlord, I cant help but feel that something is not right there either. Landlord didnt know what a S21 was. I think I need to get tenant out soon, I have lost faith in him.

                    Oh well back to it.

                    Jax

                    Comment


                      #11
                      As your insticts are telling you that something is wrong then it probably is. Worse Still, the FLAT could be used a DRUG DEN or BROTHEL so invoke your right to inspection of the FLAT asap, that is what I will do in this case. You will still be within your rights.

                      Good Luck


                      Originally posted by jax2503 View Post
                      Hi Pete,

                      I always keep spare keys to properties, when I advised the tenant after 3months of him failing to arrange appointment for CP12 I wrote and advised that we would use our master key and I will be present at the time the workman is there. I was passing a few days later and decided to knock on the door while there, and noticed the lock had been changed. So feel that something is not quite right.

                      I have contacted his previous landlord and he advised he is a model tenant, however having an good chat with the landlord, I cant help but feel that something is not right there either. Landlord didnt know what a S21 was. I think I need to get tenant out soon, I have lost faith in him.

                      Oh well back to it.

                      Jax

                      Comment


                        #12
                        Just been round again, the tenant is in the house, wont answer the door. Called his mobile and he says he's not there just now, he's at a friends. I heard his mobile ringing from the door. His car is in the driveway.

                        Only one last option to do. Will get there.

                        Jax

                        Comment


                          #13
                          could this property be a canabis factory ??? they have obviously something to hide can you see through windows any strange smells through letterbox I would be very suspicious check out previous addresses employment etc this sort of thing is getting more common

                          Comment


                            #14
                            Originally posted by jax2503 View Post
                            Just been round again, the tenant is in the house, wont answer the door. Called his mobile and he says he's not there just now, he's at a friends. I heard his mobile ringing from the door.
                            Did you point that out? What did he say?!

                            Only one last option to do. Will get there.
                            Yes IMHO you need him out as fast as possible; even if he's totally legit and just has a slightly over-the-top view of privacy, the landlord-tenant relationship has clearly broken down.

                            I hope you're documenting all your attempts to contact him? He's proved himself to be a consumate liar, and for example I wouldn't be surprised if ultimately he tries to use your unwillingness to get a gas certificate against you.

                            What stage in the tenancy are you - fixed period or periodic?

                            Comment


                              #15
                              I am periodic at present. I think you are right about the relationship breaking down. I am planning to go round Monday on a prearranged visit and claim to smell gas from the property and me having no keys will drill the locks with a locksmith there and gain entry and re-secure the property afterwards, either way I will know what is happening. I feel that I have exhausted all options available to me. The tenant feels that as he is paying rent there is no problems, unfortunately I disagree slightly. Yes he deserves peaceful enjoyment, but not at the expense of me not knowing what he is doing. THe lack of the CP12 will be down to enviromental health taking action. As I have evidence of me trying to get access to carry out CP12 then I feel the local authority will take no action against me in this respect. May be wrong, but spoke to local guy who licensed my HMO's and he said it will be fine, dont worry. So i'm not. Will sort it once and for all on Monday.

                              Jax

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