L's right of access for inspection or viewing?

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    You say UK law: Law varies by country: Are you in England, Wales, Scotland...??

    The answer to your question if you are in England lies in this thread: Read it!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      Thanks for your reply. I am quite clumsy with these fórums. Your thread looks promising, but where do I have t click?

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        Incidentally, I am in England.

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          Originally posted by L35 View Post
          Your thread looks promising, but where do I have t click?
          Well. here would do it... good luck, though; there are now 348 posts in the thread!

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            Originally posted by L35 View Post
            My landlord is selking the property. Our contract stipulates his right to access at "mutually agreeable times" and on 24 hour written notice (mark the wrod AND not OR).
            Poor choice of words from the landlord's point of view.

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              I have just read this interesting article. Can you answer a query I have posted elsewhere? If a tenant is no longer living in a property ( gone back to live with partner) and has not paid rent for 3 months does he have the right to sue me if I enter the property with 24 hours notice? Has he any right to deny the agent access to take photos to re market? He is under a section 8 notice and has not officially gone even after the two weeks and I am trying to ascertain if he is actually there ( I have word that he isn't) he said he would report me if I even went round to see him.

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                Originally posted by barbarausa View Post
                I have just read this interesting article. Can you answer a query I have posted elsewhere? If a tenant is no longer living in a property ( gone back to live with partner) and has not paid rent for 3 months does he have the right to sue me if I enter the property with 24 hours notice? Has he any right to deny the agent access to take photos to re market? He is under a section 8 notice and has not officially gone even after the two weeks and I am trying to ascertain if he is actually there ( I have word that he isn't) he said he would report me if I even went round to see him.
                So long as a tenancy is continuing the position is the same whether the tenant is in residence or not.

                Not strictly relevant, but if an agent enters to take photos with a view to re-letting that may amount to an act of forfeiture bringing the tenancy to an end.

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                  Even if the tenant keeps giving a 'leaving' date? Which he does, and complies with the agents request eventually? This whole thing is a bit of a mess as he keeps saying he is leaving on... So the agent secures a tenant, then he backs out and stays letting everyone down. He works for another agency and used to work for the one I use, in fact he WAS the agent originally, can't believe he has been able to get a job with another agency.

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                    As I said, either there is a tenancy or there is not. If there is then there is only one set of rules which apply irrespective of whether the tenant is in residence.

                    If the tenant is insisting that the tenancy has not come to an end remind that he continues to be liable for rent.

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                      Why any rational minded tenant would even ever consider a LL (often a complete stranger) walking around their own home of yrs and decades in many cases, unattended is such a horrible and wrong proposition to me, quote: * if you are not able to be at the property yourself that day, please could you arrange to leave the keys with a neighbour"
                      Do likewise what the fire service or police do in emergencies, break down the door to gain access.
                      I hate it whenever we have had this demand put to us on so many previous occasions in the past. This often puts any rational tenant straight into defensive mode, either ignoring the LL's request or tellingl them to buzz off!!
                      Simple polite introductions would firstly be a very reasonable and assuring way to initially request to the tenant for example:
                      "Hello I am your LL and I will be visiting the area and property on the so and so date and would like to introduce myself to you if that would be convenient with you"
                      We really do live in a faceless world today don't we!!

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                        I wonder if anyone can help, we are selling our property. Tennents have been served a S21 and want us to proceed with eviction, we were happy to sell with them as tennents but they have asked us to evict them.

                        They had agreed to allowing an Estate Agent to show prospective buyers on a Saturday only which we are happy and grateful to them. The agent had six viewings today over a two hour period and the tennents agreed this yesterday and this morning. However he was not there when anyone turned up and can not be contacted, we and the agents have both been trying to.

                        This has happened on quite a few occassions now, is there anything we can do?

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                          Not really: it's their home, their property.

                          Probably help if you spelled what they are correctly.

                          Was deposit paid? Was it protected within 30 days? Was not PI served prior to s21 service?
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                            Hello

                            Sorry for the long post, but I would be very grateful for some advice with a long standing problem with the agent and their inability to understand that I am very uncomfortable with and do not want random men entering my flat unless I am present as I am a single women living along in the flat.

                            The first time this happened was about a month after I moved in last year, when I discovered that the agent had allowed a contractor to enter the flat without giving me any notice. They claimed they did, but took four months in providing the proof of the notice letter. I am of course highly suspect of this letter since they can clearly make up a letter with any date at any time and claim they posted it. I have evidence of them doing this on other occasions.

                            More recently then sent me notice for yet another inspection (the last one being 47 days prior) and scheduled for when I was going to be on holiday. I emailed denying access at that time, complaining that they were doing too many inspections (I said one a quarter seemed reasonable) and suggesting two alternative dates later this month for an inspection. I did not tell them I would be away, as I was convinced they would enter anyway in that case. My email was received with hostility and I was threatened that they have a right to access provided they gave 48 hours’ notice. I argued and we agreed one of my new suggested appointment dates.

                            Upon returning from holiday, I found (via my security system I installed after the first incident) that the inspector entered the flat whilst I was away. I emailed asking if the inspector had entered and after a week and me stating that they should have records of who has the keys, have been told that yes the inspector entered and that because the individual I agreed the revised appointment date with was away from the office, the other members of the team did not know the appointment had been rearranged.

                            So now what? Clearly the excuse is ridiculous. They have breached the AST but what other law is actually broken? What options do I have now? This really upsets me but I cannot see what can be done. Do I have to just live with this? I read conflicting messages about landlords not having a right to enter if a tenant refuses the entry request but where in the law does it actually state that this? Also, now that they have breached the AST, can I move out without any repercussions? I had renewed as of 1 August for 10 months, but really don’t think I can deal with all this animosity for another 10 months. They also have not sent me either the landlord’s signed copy of the new AST even though I signed my copy months ago.

                            Thank you for any help.

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                              Change the locks.
                              Keep the originals and replace them when you leave.

                              There is a conflict between the landlord's right to access the property to view its condition and your rights to be undisturbed in your property.
                              Having a secure property (with you having the only keys) does put things back in your control.
                              When discussing the matter with the agent/landlord the magic words to use are "harassment" and "illegal trespass".

                              Your landlord or agent might be unhappy about this and you should remember that they have the right to evict you without any reason once any assured term of your lease has expired.
                              However, before then, they are unlikely to be able to evict you for changing the locks, even if they threaten to, or it says you can't in the agreement itself.
                              A court would take your side, given they've been illegally entering your property.

                              If they become annoying, you can always change the locks back again (it's quite easy to do, provided you can use a screwdriver).
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment


                                A landlord or his agent can only enter property for a purpose provided by a term of the tenancy. Such a term may be express (i.e. set out in the tenancy agreement or lease) or implied by law. With respect to residential tenancies two statutory provisions are relevant:

                                Where the tenancy is for less than seven years section 11(6) Landlord and Tenant Act 1985 applies:

                                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.

                                Where the tenancy is an assured tenancy (whether shorthold or not) section 16 Housing Act 1988 applies:

                                It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

                                If the landlord requires access for any other reason, it must (in the absence of agreement) be reserved by a term of the tenancy.

                                Where a landlord's right of access is reserved it can only be exercised (a) by compliance with the relevant term (whether implied or expressed) and (b) reasonably. If there is compliance and reasonableness (a) the tenant is not entitled to refuse access and (b) if the landlord (or whoever else is entitled to access) enters without force in the absence of the tenant, the tenant has no cause of action. Those who say that a tenant can refuse access are right only in the very limited sense that if the tenant prevents access the landlord cannot (a) if the tenant is present, enter if the tenant bars the way or indicates he is disinclined to allow access, or (b) if the tenant is not present, force entry. However, that does not alter the fact that the landlord is entitled (subject as mentioned above) to have access.

                                So, the questions are:

                                1. What right of access does the landlord have?

                                2. Is the purported exercise of the right being exercised in accordance with the relevant tenancy term?

                                3. Is the right being exercised reasonably?

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