L's right of access for inspection or viewing?

[Lawcruncher]

You need to give the required notice whether the tenants are in breach or not.

[Green Tulip]

This topic has had a lot of comments. Understand that LL must give T at least 24hrs notice to enter the P and that the T must give consent. OurT hasn't been paying his rent we can't get hold of him and we have written to him well ahead that we would like to inspect the P but he has not replied. Where do we stand, can we or can't we enter the premises?

[jpkeates]

A landlord must give 24 hours notice in writing to inspect the condition of the property, but the tenant doesn't have to give consent.
They can decline access, but if they say nothing, you have a right to enter.

But you can't say you want to inspect the condition, if you really intend to discuss arrears.

[thesleepingdog]

Hello,

I have an ongoing battle with my Managing Agent with regards to the 24 hour access notice. It has been going on for years now and I am really losing the will to live.

They have informed me that all the LL has to do is give me '24 hours notice prior to works' and that the LL is 'under no obligation to inform us of the proposed work he intends to carry out'. Surely this is not correct?

Please can someone confirm:

1. Is the 24 hr notice to carry out works (non emergency) or is this just to visit/inspect the works?

2. Does my LL have an obligation to tell me what works he intends to carry out ?

Sorry,I was convinced it was '24 hours access' to visit. But then I read the following copied from NARLA's website which states:

Section 11 of the Landlord & Tenant Act 1985

'This allows access to carry out repairs with at least 24 hours notice'

I am super confused. Any advice would be great

[Jon66]

You should probably start a new thread.

[Lawcruncher]

Section 11(6) of the Landlord & Tenant Act 1985 only allows access for viewing:

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.

However, section 16 of the Housing Act 1988 says:

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.

Apart from that, it is settled law that if a landlord has an obligation to repair he has a right to enter to carry out the work (Mint v Good).

I am not aware of any express obligation imposed on a landlord to tell the tenant what works he intends to carry out, but a reluctance to do so seems odd.

Note that the rights only extend to repairs and not improvements.

[jpkeates]

The rights created by legislation are in addition to whatever has been agreed to in the tenancy agreement, which could easily create the rights that the agent is claiming exist.

Other than that, as the law only implies a right to repair (if they are not inspecting or dealing with an emergency), the landlord would have to advise what work was to be done, otherwise, they can't assert their right to enter.

The tenant in a residential tenancy has a right to exclude anyone, including their landlord, which is an equal right to the landlord's right to enter.