L's right of access for inspection or viewing?

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    #46
    Don't ever think that you cannot post here as a tenant. Much good advice is given to tenants on this forum.

    I was amazed at the downright cheek of the landlord/agents. It is illegal for landlord or his agent to enter the property without having (a) given the tenants 24 hours written notice; and (b) tenants giving permission for them to do so! And to take photographs which will include your private possessions is totally unacceptable.

    To actually interfere with your things and destroy your property - even if it is plants in the garden - is outrageous. This IS harrassment and you should write to landlord and tenant telling them in no uncertain terms that the property is your home and that they DO NOT have your permission to enter it at any time. Tell them that further harrassment will result in you taking legal action and that harrassment and illegal eviction carry heavy penalties. Change the locks as previously advised.

    Be prepared to be issued with a s.21 notice, but also remember that you can walk out on the last day of the tenancy without giving any notice at all.

    I think you would be wise to look for somewhere else to live - if you find somewhere you might even get LL to give you a consideration for moving out early (i know - and pigs might fly....)
    Mrs Jones
    I am not an expert - my posts are my opinion and should not be taken as fact!!

    Comment


      #47
      The reason I said "Breach of Quite enjoyment" is that I beleive for it to be haressment there must be intent to haress, which I think it more wanting to sell the P, than to haress you.

      As per access, as per many other posts, it's more the agreement of the T is important than the 24hrs. As if the toliet doesn't work, how as a T would you feel if a LL says sorry can't come round or send a plummer for 24hrs, due to this 24hrs rule.
      I believe the 24hrs is more a guideline, so a LL can go to court and say the T agreed that 24 hours notice is reasonable notice but they are not allowing me to enter the P.

      But anyway they shouldn't be doing it, and just let them know, they may not know they are doing anything wrong.
      Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

      Comment


        #48
        It is perfectly reasonable to request that viewings do not take place when your husband has to sleep (and, for example, a viewing every hour while he was trying to sleep would be a breach of quiet enjoyment); the agent is being unreasonable in refusing to accommodate such a reasonable request. There needs to be a degree of compromise on both sides - you've already done this by offering alternative viewing days/times. I want to know certain facts and figures regarding the concern process.

        Comment


          #49
          Landlord Access Issue

          I wonder if anyone can help with a concern I have regarding my landlord and my AST agreement.

          My partner and I were resting mid afternoon having just returned from a vacation in USA. Our landlord, who knew we had been away, surprised us both by gaining access to the flat causing us both to wake up in fear at first, at the thought of being burgled before ascertaining that it was our landlord who left quickly once challenged without completing whatever they had come to do - which is still unknown.

          During our vacation I had been in contact with our landlord 2 days prior to the above incident and at no point did they notify me of the need to enter the flat (and there was clearly no emergency on the day itself) thus breaking the term of the AST which states:

          "Other than in the case of an emergency, the landlord shall give the tenant not less than 24 hours written notice."

          The relationship we have is poor with our landlord to the extent we would like to end our 1 year AST early - approx 5 months. Do the actions outlined above give due reason for my partner and I to provide 2 months notice of our intention to cancel the agreement? This would leave ample time for replacement tenants to be found.

          Would our deposit be protected?

          Thanks for any help you can provide.

          Comment


            #50
            1. Well, did L protect your deposit or not? Don't you have any record?
            2. No, you cannot unilaterally end the letting, unless the Agreement includes a Break Clause.
            3. Warn L that any recurrence will lead to a civil action for harassment and/or prosecution [Protection form Eviction Act 1977 or common-law trespass].
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #51
              Regrettable as his action was, I doubt it could be considered reason enough to break your contract early without your LL's agreement. Write to him telling him how distressing your found his intrusion of your privacy - you have a right to quiet enjoyment of the property, which is your home - and tell him that if he needs to gain access again he must request your permission in advance.

              If he does it again, change the locks.

              Yes, your deposit should have been protected in a scheme and he should have supplied you with the details of the scheme.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #52
                LL access to rental property

                Hi,

                I've read the post below which states that a tenant does not have to grant acces to the LL for the duration of the tenancy if they so wish.

                I have tenants in my property at the moment who are being a bit difficult to contact ( not responding to any form of written or phone contact) regarding permission to access. I need to get the central heating boiler serviced and the annual gas safety certificate done. Obviously I have a legal obligation to do this as the LL but if the tenant won't respond to my requests for access where do I stand?


                thanks

                Comment


                  #53
                  I would write to your tenant and inform them thats it in their interests to allow access to ensure that they have a fully working boiler before winter arrives and legally the gas supply to the house can be turned off by the appropriate authorities if they do not allow access.

                  I am sure they will be ringing you if their boiler breaks down!

                  Comment


                    #54
                    Originally posted by Anuket View Post
                    Hi,

                    I've read the post below which states that a tenant does not have to grant acces to the LL for the duration of the tenancy if they so wish.

                    I have tenants in my property at the moment who are being a bit difficult to contact ( not responding to any form of written or phone contact) regarding permission to access. I need to get the central heating boiler serviced and the annual gas safety certificate done. Obviously I have a legal obligation to do this as the LL but if the tenant won't respond to my requests for access where do I stand?


                    thanks
                    I would write to the tenant on at least 3 occassions(keep copies, and get proof of posting) stating the importance of the checks.

                    If after this they choose not to contact you, send the letters to your local enviromental health dept to keep on file.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #55
                      Tenant refusing me access

                      I wish to redecorate two bedrooms in a property I own. The tenancy is up for renewal in 4 weeks time so I would like them done before I start showing prospective tenants round
                      The tenant refuses to let me in to do this even though in the lease it states I must give 24 hours notice to carry on repairs.
                      He says he wants to be in when the work is carried on. Whilst I have no objections to this I have given him sufficient time to arrange his attendance (6 weeks)
                      Am I within my rights to give him 24 hours notice and just send someone?
                      If he is in when I send someone and he refuses access what are my rights?

                      Comment


                        #56
                        The tenant doesn't have to allow access no matter how much notice you give (except in emergencies). The Tenant has a right to 'quite enjoyment' and is allowed to dictate if and when a person enters their home. The only way you can gain access outside of an emergency situation is either with permission or by getting a court order.

                        Anyhow, redecorating isn't a repair. Reading your Agreement strictly, you wouldn't be allowed access.

                        Comment


                          #57
                          Is that even if the tenancy agreement says that I can have access by giving 24 hours notice.
                          Also, the TA says that I can show prospective tenants around. Can the tenant refuse to do this?

                          Comment


                            #58
                            Originally posted by Alison James View Post
                            Is that even if the tenancy agreement says that I can have access by giving 24 hours notice.
                            Also, the TA says that I can show prospective tenants around. Can the tenant refuse to do this?
                            Your tenant hasn't refused you access to view, he has refused access to redecorate. The work is not to his benefit and you would be hard pushed to find a tenant to allow a LL access for this type of work when its not to his benefit.

                            Painting can cause a lot of disruption. Moving personal possessions, fumes, spills etc.

                            Plus what if the walls are damaged with him moving out personal possessions? As often they can be with scuffs and scraps, he best wait until he vacates and just tell your potentials what you intend to do.

                            Comment


                              #59
                              The tenant is also refusing access to view.
                              The bedrooms where the redecoration will take place are completely empty so there will be no disruption or inconvenience. Even if that were not the case, I would rectify any damage.
                              He is just a very difficult person and I bitterly regret allowing him the tenancy.
                              A previous landlord told me after I accepted him that he had caused difficulty for numerous landlords in the past.

                              Comment


                                #60
                                The situation is that you are entitled to access for viewings and to make repairs, however, the T is also entitled to 'quiet enjoyment' (i.e. non-interference from the landlord). So, if the T refuses, you would need to obtain a court order to enforce the access, and it's extremely inadvisable to enter without a court order against the express wishes of the tenant, as you'd risk allegations of breach of quiet enjoyment, or worse, illegal harassment.

                                Also, as has been pointed out, redecoration is not the same as making repairs. It may be unlikely that you'd obtain a court order allowing access for this.

                                I note that you say "the tenancy is up for renewal in 4 weeks time so I would like them done before I start showing prospective tenants round". Do you mean the T has given notice and is planning to move out in 4 weeks' time?

                                Comment

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