Rights Of Entry

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  • Rights Of Entry

    I do not have aproblem at present! If I do what are my rights of entry? None at all, limited or full access. I seem to remember I can go in to inspect if I give 48 hours minimum notice and also no notice in an emergency i.e. Gas leak etc. Am I correct or talking total tosh?

    Cheers

    Johnty

  • #2
    You can give the tenant 24 hours written notice that you intend to do an inspection. You can enter the property without notice if there is an emergency such as a fire or flood , gas leak or something about to collapse if not attended to.

    If the tenant will not give you access even with notice - then you would have to apply to a court for a court order allowing you access.

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    • #3
      Looking at the 48 hr thing from a tenants point of view does it not meen that the LL has to give you notice he cant just turn up out of the blue and expect to come in but you can still refuse. my understanding is its kinda can i come and do an inspection on tues as oppesed to i was just passing and i thought id do it now.

      what if im on holiday he comes round my cat escapes(never been out its a house cat) gets run over I didnt refuse access as i was on holiday but i didnt say he could enter either?

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      • #4
        Djb Is correct on this one although I would say that 24 hours notice is a bit unreasonable if sent by post but of course there are other ways of communication.
        Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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        • #5
          As someone who needed to get in an inspect my house believing (rightly as it turned out) that the tenants were causing damage I have personal experience. I wrote to the tenant giving 48 hours but also said we could do it at any time convenient to him. He rang me back to say the only time we could inspect was when he moved out. It turned out that we had no right whatsoever to enter (unless there had been an emergency I suppose). All we could do was put it down as another breach of the tenancy agreement on the Section 8 forms!
          Unshackled by the chains of idle vanity, A modest manatee, that's me

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          • #6
            6) In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair:

            I think this answers the question taken from S11 Landlord & Tenant Act(1985)
            Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

            Comment


            • #7
              PMS, I don't understand this, in another thread you said:

              2) Provided your Landlord has given you a least 24hours notice to carry out an inspection then Im afraid he is not breaking the law.However he can not just walk in or use a key as this then borders onto other laws(you would have to invite him in and I dont care what the other landlords say).In this instance he would be in breach of the tenancy as you are allowed to have peaceful enjoyment of the premises.

              You now seem to be saying that a LL can enter the premises regardless. Not nitpicking, just asking for clarification.

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              • #8
                Originally posted by MrWoof
                Lovely to read that post pms but it reads contrary to anything I have read in the past in this forum. Can anyone confirm we do have right of entry?
                There is a right to entry but it can only be enforced by a court order should a tenant deny it.

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                • #9
                  Energise, you posted while I was editing my post, that, I believe clarifies the point, Thanks.

                  Comment


                  • #10
                    Originally posted by MrWoof
                    PMS, I don't understand this, in another thread you said:

                    2) Provided your Landlord has given you a least 24hours notice to carry out an inspection then Im afraid he is not breaking the law.However he can not just walk in or use a key as this then borders onto other laws(you would have to invite him in and I dont care what the other landlords say).In this instance he would be in breach of the tenancy as you are allowed to have peaceful enjoyment of the premises.

                    You now seem to be saying that a LL can enter the premises regardless. Not nitpicking, just asking for clarification.
                    Mr Woof: Just to clarify the L&T Act(1985) provided you give the tenant 24 hours notice in writing you can gain access the premises that is law.But what it doesn't say is that you just can't walk into the property welly nelly.Rule of thumb here is carry out any inspection with the tenant present.If they don't allow access then go to court and apply for a warrent.Im sorry if that confused you but ive got three windows up at the moment.Follow the rule of thumb and you won't go wrong

                    PMS
                    Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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