L's right of access for inspection or viewing?

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    Originally posted by mind the gap View Post
    I may be wrong!
    You are nearly right (pace Jeffrey who will not accept that possibility).

    I would amend what you wrote to read:

    if the TA allows for LL access subject to prior notice, then it would be unreasonable of T to refuse unless the requests were unreasonably frequent, or it was highly inconvenient to T and LL was inflexible about re-arranging, or T reasonably felt harassed/threatened by LL, or LL had gained access without notice in the past. In the absence of any these factors, I maintain that a LL would in theory be likely to be granted a court order (to be able to access his property with 24 hours' written notice) in the face of a T's refusal, although as I said, in practice it rarely comes to this.

    Comment


      Originally posted by mind the gap View Post
      I maintain that a LL would in theory be likely to be granted a court order (to be able to access his property with 24 hours' written notice) in the face of a T's refusal, although as I said, in practice it rarely comes to this.
      I agree. My point is just that, in itself, the fact that the tenant changes the locks without providing a key to the landlord is not relevant as it is not a refusal to allow access: It is just a way to ensure that the landlord has explicit permission before he enters the property.

      Comment


        The cucumber sandwiches...are they heart shaped ones that are on sale for valentines day

        Someone asked earlier about HMO and landlord entry.

        As a HMO landlord (now my tenants are on individual tenancy agreements not 1 single agreement for all) I or my management is expected to have an active role in the running of the property. I, my management, my cleaners, my handyman can enter without prior notice. But obviously we do this at reasonable times and don't cause any nuisance. Now this is only access to all common (shared) arrears as these are deemed to be my property. Access to the tenants rooms is another matter altogether as they have sole use of there rooms.

        Now i would also think that any alterations to say a front door lock could be seen as tampering with an escape route. That's just one way of looking at it. (but this is different when a tenant has sole use of the property and maybe different with a shared agreement too).

        Obviously just because a landlord puts his rules into a tenancy agreement doesn't mean they are enforceable by the landlord as they may be in breach of The Housing Act anyway.


        I may be vague but if it starts you off in the right direction then we are on a winner.
        I may be vague but if it starts you off in the right direction then we are on a winner.

        Comment


          what to do next please help... in plain english wherever possible!!

          On Wednesday just gone, I had a letter hand delivered to my tenant with 48 hours notice, telling her I would like to please inspect the property, (today).

          Just last night she text me to confirm what time I was attending to which I replied the time. (no objections returned etc.)

          I have just driven over, banged on the door, called through the letter box etc. The windows were open, light on and key in door (I can see this through the window), and actually took a picture of it, with a witnesss there too. She was blatantly at home and now decided to deny me access.

          I am absolutely steaming.. I had an agent meeting me over there to value the property for rental and to sell, I also arranged childcare etc.....

          What do I do next... do I ring mortgage company? DSS?

          She is about 6 weeks in arrears

          I have already issued section (21,4a)

          I just wish I had more rights as a landlord.. from what I can see I don't have many..it's so frustrating..

          Help!!

          Comment


            Can Tenant refuse Landlord's request to show property during notice period?

            An estate agent was telling me today that a Tenant has the right to refuse the Landlord's requests to show property during Tenant's notice even if Landlord gives 24 hours notice. Is this correct?

            Comment


              Just re-read your OP and you don't make it clear if you are tenant or LL, so I am assuming you are the Tenant in this scenario?

              During the whole of your tenancy, it is your home, even when in the notice period, and you can refuse anyone entry - including LL, Agent or prospective tenants.

              However, depending on your relationship with the LL and as you are probably expecting LL to give you a reference at the end, it might be an idea to suggest a compromise. For instance, you are prepared to accept viewings on a Saturday between 10.00am and 12 noon, and one evening a week between 6.00 and 8.00pm. Obviously amend these suggested days/times to suit yourself. Also, insist that if the LL accepts this suggestion, they confirm any viewings they have arranged in advance, and not just assume they can turn up at those times.

              Up to you if you want to take this option, or refuse altogether, which is your right.

              Comment


                I'm the Landlord. If Tenant can refuse entry, how is the Landlord able to establish a new tenancy immediately after the current Tenant has left?

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                  With difficulty if you cannot get your existing tenants to agree to accomodate your viewings.

                  Have you yet tested the water with your tenant?

                  Comment


                    Originally posted by staycalm View Post
                    I'm the Landlord. If Tenant can refuse entry, how is the Landlord able to establish a new tenancy immediately after the current Tenant has left?
                    You cannot guarantee not to have voids in your lettings. I'm afraid it goes with the territory. As LL you can perhaps make the suggestion I made above under the "Tenant scenario" and see how the T feels if you agree only to offer viewings on certain days/times.

                    However, having tried to arrange viewings with a Tenant in situ in the past, it doesn't always work in your favour anyway. You cannot "gag" the tenant and stop them talking to the "viewer" so if they decide to tell them the neighbours are noisy, the property is damp and the LL is a "pain in the bum" they will, and scupper your prospective T anyway! (Not saying any of that is true in your case by the way, and it wasn't in ours either, but our T had a grudge as we were evicting him through unpaid rent, and he wanted to make things difficult for us).

                    Between tenants we always have a couple weeks void, to do any repairs/refreshing and present the place at its best. You need to allow a contingency fund in your cashflow to allow for this sort of situation.

                    Comment


                      Factor it into your business plan that you will suffer voids occasionally.

                      Although if you treat ppl nicely then you'll get nicely treated. Sometimes LLs and LAs get really shirty with Ts that resist any potential viewing stating they will use their own keys if T cannot be there and such. Whereas if you ask the T in advance what times/days they would find the most convenient for them it sounds better no ?

                      Some LLs offer their Ts a financial incentive to allow viewings and keep property shiny like a new penny. Personally I've a massive amount of pride and generally don't mind doing both (have never been offered moolah for it though, maybe I not awkward enough lol). I did get annoyed though at one estate agent handling the sale of a house I rented. So annoyed I said I wouldn't allow the EA round anymore and just to send the ppl and I would show them around myself! can't have done a bad job, I sold it for him.
                      I'm a good tenant with great landlords
                      I'm also a living, breathing, fully cooked female.

                      Comment


                        Fortunately, my Tenant hasn't refused entry, but nor does she reply to my written requests to show the flat to prospective tenants. Can I still enter the property in spite of a lack of response?

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                          Nope you can't, sorry. Unless in an emergency. IE water escaping from property.
                          I'm a good tenant with great landlords
                          I'm also a living, breathing, fully cooked female.

                          Comment


                            I accept the law is the law, but this is a bad law as it is totally one sided. I simply don't understand how it can argued as justifiable.

                            If this rule is common knowledge amongst solicitors, estate agents and professional landlords, why then do tenancy agreements clearly state that the Landlord has the right to enter the property with 24 hours notice? Even the off-the-shelf agreements from the local stationers say this. Is it any wonder that many Landlords are oblivious of their real rights when the contracts they are given or buy say the exact opposite?

                            Comment


                              Originally posted by staycalm View Post
                              I accept the law is the law, but this is a bad law as it is totally one sided. I simply don't understand how it can argued as justifiable.

                              If this rule is common knowledge amongst solicitors, estate agents and professional landlords, why then do tenancy agreements clearly state that the Landlord has the right to enter the property with 24 hours notice? Even the off-the-shelf agreements from the local stationers say this. Is it any wonder that many Landlords are oblivious of their real rights when the literature they buy and sign says the opposite?
                              The point is that the law does allow entry and that is why agreements provide for it. The idea that a tenant has the absolute right to refuse access is misconceived and believed by many because it has been repeated so often on the internet. I am not saying a landlord can just waltz in at will, but rather...well read the thread referred to above.

                              Comment


                                Originally posted by Lawcruncher View Post
                                The point is that the law does allow entry and that is why agreements provide for it. The idea that a tenant has the absolute right to refuse access is misconceived and believed by many because it has been repeated so often on the internet. I am not saying a landlord can just waltz in at will, but rather...well read the thread referred to above.
                                But I would still suggest that if T has not agreed to a particular viewing appointment, then LL is taking a big risk in entering anyway. Counter-claim of "where is the £1000 cash I had in my kitchen drawer" or the "antique 24carat necklace on the bedside table" etc, comes to mind.

                                OP - when you say that T has not refused entry, have you spoken to them and discussed it? If so, could you phone to follow up your written notice of viewings? They may be assuming that by not replying, they have not refused, rather than by not replying they have not agreed!

                                Comment

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