L's right of access for inspection or viewing?

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  • Handson
    replied
    Lawcruncher,

    That was the agreement on LL Zone some years back. It's sold as plain english.

    I've visited the property over the weekend in the past for signing the current renewal. At the moment the tenancy is periodic and so I have gone s21 route. It's headached otherwise with a empty property.

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  • Lawcruncher
    replied
    "The tenant agrees to let the landlord, or tradesperson authorized by the landlord, to enter the property to service essential amenities, even if after reasonable attempts the landlord has been unable to get the tenants' consent."

    Rather amateurish drafting. The red undermines the blue. It makes it look as is the landlord has to ask for consent. With just the blue, consent is given and further consent is not needed. We can guess what was intended, but the wording fails to achieve it clearly.

    Even if the clause was clear, you have to ask two questions. The first is: "Do I have the right to enter even if the tenant tells me I cannot?" The answer to that is that you do. A more important and practical question is: "Is it wise to enter?" The answer to that is: "Probably not."

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  • Handson
    replied
    In my AST it says clearly:
    "
    1. The tenant agrees to let the landlord, or tradesperson authorized by the landlord, to enter the property to service essential amenities, even if after reasonable attempts the landlord has been unable to get the tenants' consent."
    I have written letters to them giving them 2 weeks notice to get in touch to arrange a suitable time for gas safety, 2 weeks have passed, then a reminder letter referring to first letter for gas safety inspection and to get in touch. If they still haven't replied can I send gas safety engineer in if my keys work. I can wait outside if need be.

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  • Lawcruncher
    replied
    Whether you are trespassing depends on whether the terms of the tenancy permit you to enter for the purpose for which you enter. If they do not then you are trespassing. You cannot conjure up consent by giving notice to enter and assuming the tenant consents if he does not respond.

    In the case of entry to carry out a gas check there are two arguments, if the right is not expressly reserved. The first is that it is implied under the common law because the landlord is under an obligation to carry out the check - see Mint v Good. The second is to rely on section 11(6) of the Landlord and Tenant Act 1985 which provides:

    "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."

    I think a gas check has to come within "viewing their condition and state of repair".

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  • jpkeates
    replied
    I think your solicitor was wrong.
    Unless the tenant specifically tried to prevent you entering, being angry isn't enough to make that trespassing.

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  • HJ21
    replied
    My tenant stopped paying the rent and stopped communicating with me. I started the court and eviction process. During that time the gas registration certificate was due to expire so I contacted the tenant by text, email and WhatsApp and gave him a week's notice of the gas engineer's visit which was around midday on a weekday. I stated that we would enter with a key if nobody was at home. He did not respond to the messages. We went on the specified day and he was angry but took no further action. When I was discussing the court case with a solicitor she said 'Oh no, you were trespassing.' This could have jeopardised my court case. However if I had not renewed the gas certificate I would also have broken the law. It's the devil or the deep blue sea as far as I can see and where as the landlord has to stick to the letter of the law absolutely the tenant can ignore what is stated in the agreement regarding access and, more particularly, regarding paying the rent! OK they will have a court judgement against them but will have enjoyed around 6 months of rent free accommodation.

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  • Scamedlandlord
    replied
    If your tenant is not refusing and is paying rent and never been disruptive, after different means of trying to communicate, I will enter but not alone. Enter with your surveyor at a reasonable time in the morning. He most probably at work. Should he not be, you can equally act surprised and explain that you were not sure what was going on, afterall if the partner has moved out, what if something sinister is occurring or in fact has occurred .... I would most definitely but cautiously enter

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  • JamesGreen
    replied
    jpkeates,

    I have read multiple times that its likely that a court wont grant give me access just because I want to see inside.
    I cannot use the gas as an excuse as my flat is fully electric.

    Leave a comment:


  • jpkeates
    replied
    I agree entirely.

    Leave a comment:


  • ram
    replied
    I think this thread should be closed, and any one wishing to ask about their individual and unique circumstances, should start a new thread.

    NO WAY is a newcomer going to wade through almost 500 posts, with different O.P.'s asking questions relating to THEIR circumstances.
    It's much easier to start a new thread that contains unique conditions to the question.
    You may read recent answers that are totally different circumstances to the original INFORMATION and myriad of answers and questions started 6 years ago, and continued over 6 years . ( 08-03-2010 )

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  • Berlingogirl
    replied
    James Green - I'd serve a S21. I'd also like to say, and might well say, that in the past I have found that Ts who refuse access for inspection, gas cert etc, usually have something to hide such as sharing with those not entitled to live in the UK, drug dealers, cannabis growers etc, and whilst I am almost sure you have nothing to hide I hope you can understand my concerns. I do my best to be a good landlord and as such I would like to inspect the property. My insurance asks if I inspect the property and I would like to confirm that I have. The insurance might increase if I am unable to confirm this and the cost would be passed on to you should there be an increase in the premium. I would like to thank you in advance for your understanding and co-operation in allowing me (or my representative) access for a viewing.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by JamesGreen View Post
    Have a question for anybody who agrees with Lawruncher's view.

    If my tenant is explicitly forbidding me entry via written letter and has changed the lock on the door(despite my A.S.T saying lock change not permitted), can I gain entry when they are not present with a locksmith and give them a new key once I have inspected the place?

    Would I not be damaging their property when the locksmith drills through their lock?
    If the tenant has explicitly forbidden you from entry, their right to exclude you is matched by your right to enter in certain circumstances.
    You both have rights and you can use a court to enforce yours over theirs.
    British Gas do it all the time to disconnect gas supplies, for example.

    You can't (without possible consequence) take unilateral action, such as breaking in.
    It's not possible to predict what would happen in real life if you did.
    It's like speeding on a motorway, it's definitely not legal, but people get away with it.

    If you change the locks (even if you try and give them a new key) that is a lot more like illegal eviction.

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  • JamesGreen
    replied
    Originally posted by jpkeates View Post
    If it might have affected your decision to rent, the landlord should have made you aware of the possible sale.
    She should certainly have made you aware of her wish to show people around.

    However, you are under no obligation to let people into your home when it isn't convenient (or at all), unless its specifically mentioned in the tenancy agreement.
    You are well within your rights to decline any viewings when you are not there.
    What if you was to go on holiday for 2 months, are you also under no obligation to let them enter? seems this thread says otherwise.

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  • JamesGreen
    replied
    Have a question for anybody who agrees with Lawruncher's view.

    If my tenant is explicitly forbidding me entry via written letter and has changed the lock on the door(despite my A.S.T saying lock change not permitted), can I gain entry when they are not present with a locksmith and give them a new key once I have inspected the place?

    Would I not be damaging their property when the locksmith drills through their lock?

    Leave a comment:


  • jjlandlord
    replied
    There is nothing wrong with taking picture of the property or of anything belonging to the landlord.

    It is common for good agents to take pictures when carrying out an inspection and to produce a report for both tenant and landlord.

    Leave a comment:

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