T refuses L access to carry-out works- then complains!

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  • T refuses L access to carry-out works- then complains!

    i recently let my property to a family, but the tenant has refused to let me into do any repairs to the propety even though she wants repairs done, she wont let me in. she recently went to a solicitor to say that the L has refused to do any works on the properyy, which i find strange considering i am willing to to the job but she refused to let me in. is there anything i can do, i was thinking of selling the property or get an eviction order to remove her from the property--any ideas--or should i just seek legal advice as to how i can gain entry to my own proeprty.? thjna kyuo

  • #2
    Sounds like trouble to me.. I would send a letter in writing that you intend to do the work, giving 24 hours notice.

    If problems still persist i would issue notice to her.. If something like this is a problem now, i can not see it getting any better in the future.

    Sounds like she may be trying to see if she can get away with deducting rent.

    Comment


    • #3
      Originally posted by nask70 View Post
      i recently let my property to a family, but the tenant has refused to let me into do any repairs to the propety even though she wants repairs done, she wont let me in. she recently went to a solicitor to say that the L has refused to do any works on the properyy, which i find strange considering i am willing to to the job but she refused to let me in. is there anything i can do, i was thinking of selling the property or get an eviction order to remove her from the property--any ideas--or should i just seek legal advice as to how i can gain entry to my own proeprty.? thjna kyuo
      Have you protected her doposit? otherwise Section 21 notice is not an option.

      Comment


      • #4
        As well as Landlord Lee's suggestion, I would also serve a section 21 notice to regain your property as soon as possible - giving a minimum of two month's notice or to the end of the fised term of your AST agreement if this is longer. This is a tenant that you don't need.

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

        Comment


        • #5
          Originally posted by nask70 View Post
          i recently let my property to a family, but the tenant has refused to let me into do any repairs to the property even though she wants repairs done
          See s.11 of LTA 1985. If your proposed repairs at the property are to the services/installations mentioned in it and for which L is inescapably responsible under that section, there is a legal right to demand access (but you cannot force entry).
          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


          • #6
            your thanks will issue a s.21 notice

            i hope this may solve the poblem,can i give the notice on the ground that i am going to sell the property?

            Comment


            • #7
              Originally posted by nask70 View Post
              i hope this may solve the poblem,can i give the notice on the ground that i am going to sell the property?
              You don't need to give any reason. You do need to use the correct format of the notice. Make sure you get the dates right.

              Comment


              • #8
                You do not need any reason to serve a s.21 notice.

                As for the solicitor, write and say that you are willing to carry out the repairs, but that his client has declined to allow entry. Tell him you are happy to arrange an appointment through him if his client is unwilling to arrange one direct.

                Comment


                • #9
                  should i mention to the solicitor that i will

                  serve a s.21? as well and will carry out the repairs needed?

                  Comment


                  • #10
                    but OP refers to a recent tenancy - it may be some time fro s21 to expire
                    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                    Comment


                    • #11
                      Originally posted by nask70 View Post
                      i hope this may solve the poblem,can i give the notice on the ground that i am going to sell the property?
                      If you wish to sell, you could offer it tenanted. That way, no s.21 Notixce is required at all.
                      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


                      • #12
                        Oh yeah? And how is he goign to sell if T refuses access?

                        If at all, it will be at a huge discount (and this is hardly the time to sell anyway).

                        I would write to tenant by registered post and give 24 Hrs notice for works, warning her that if she refuses access again she may be charged for the abortive call-out.

                        Comment


                        • #13
                          Originally posted by Perplexed View Post
                          Oh yeah? And how is he goign to sell if T refuses access?

                          If at all, it will be at a huge discount (and this is hardly the time to sell anyway).
                          Auctions frequently include 'sitting tenant' properties on which the Contract of Sale explicitly bars P from internal inspection of property.
                          This give P a ready-made BTL, after all.
                          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


                          • #14
                            Originally posted by jeffrey View Post
                            Auctions frequently include 'sitting tenant' properties on which the Contract of Sale explicitly bars P from internal inspection of property.
                            This give P a ready-made BTL, after all.
                            Yes, but for anybody to buy a property sight unseen, there would either have to be a substantial discount (as they would have to assume the worst about the property) or an unusually dumb cash buyer.

                            Comment


                            • #15
                              Not always. Some houses can be assumed typical for their age/location; and P will usually see the Tenancy Agreement plus V's rent collection records.
                              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

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