Originally posted by Sheena McQ
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If a tenant signs an agreement which provides, whether expressly or impliedly, that he will allow the landlord and/or others to enter for a specific purpose then his consent has been given. Provided the purpose is reasonable, the right is exercised reasonably, any required notice is given and the entry is only for a permitted purpose, then the landlord may enter.
Whilst, so far as I know, no court has ever given any guidance on procedure, a landlord must bear in mind though that anyone exercising a right must not do anything which may lead to a breach of the peace, personal injury or damage to property. If the landlord arrives and finds the tenant has changed the locks or the tenant bars the way, the landlord should withdraw. On the other hand, if the tenant has informed the landlord with a right to enter that he may not enter, there is no reason for the landlord not to enter if he has a key and can let himself in while the tenant is not at home.
A landlord can apply to the court for an order that he be allowed to exercise a right to enter included in the terms of the tenancy, but he cannot apply for a right because the court has no power to grant such a right.
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