L's right of access for inspection or viewing?

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    #61
    Originally posted by westminster View Post
    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?
    There is a stain where there was a roof leak so I would like it done as soon as possible now that the leak has been repaired and the wall dry.

    The lease is a twelve month one and he moves out then. I will not be renewing.

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      #62
      Originally posted by Alison James View Post
      There is a stain where there was a roof leak so I would like it done as soon as possible now that the leak has been repaired and the wall dry.
      That is decorating, not repairing.

      The lease is a twelve month one and he moves out then. I will not be renewing.
      As theartfullodger has pointed out, that does not mean he will leave at the end of the fixed term.

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        #63
        Can L force access; can T refuse access?

        Hi there ive got a very quick question , or more would like something confirmed

        Renting a student property , one joint AST . Had a falling out with the landlord over a number of issues . Would just like to confirm what my right is to completely deny my landlord access exccept for cases of emergency

        I dont want to completely cut them off but i have fallen out with my landlord and would rather deal with one of his employees who manages most issues to do with the property already(scheduling repairs delivering any required paperwork etc) as i find my landlords tone rude and argumentettive at every level and refuse to be spoken to like that i would also like to exclude his builders unless i am present as last time they came round they where drilling a wall and left without cleaning up the considerable ammounts of dust left behind

        I know i am entitled to my right to quiet enjoyment but in the AST there is a clause saying i have to afford him access on receipt of 24 hrs notice , ive read that regardless of what it says in the AST if i say no then that means no
        Basically where do i stand and what are my option s if i say no and he still enters or permits one of his employees to enter and how would i notify him that i no longer afford him access to the property

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          #64
          you can deny access and change the locks as long as you restore original locks when you leave. Write and tell him that access will be given at mutually agreed times only. Search here for MANY similar threads.
          Unshackled by the chains of idle vanity, A modest manatee, that's me

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            #65
            Is this also mindfull of the fact that the AST which he is replying on states that we must grant him access on receipt of 24hr notice

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              #66
              Be mindful that there is nothing in housing law allowing you to change the locks and restoring them, and if the tenancy agreement forbids it, you will be in breach of it. Choose to do it as a last resort, and no the actions that can be taken by the person who owns/manages the property.

              You do not have to comply with anything you've agreed to, but expect to be evicted.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

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                #67
                Originally posted by thesaint View Post
                Be mindful that there is nothing in housing law allowing you to change the locks and restoring them, and if the tenancy agreement forbids it, you will be in breach of it. Choose to do it as a last resort, and no the actions that can be taken by the person who owns/manages the property.
                Thesaint is right, there is nothing that says you CAN do it, funnily enough there is also no law that says you CAN smile on Tuesdays (but you can ). The law tends to prescribe what we CAN'T do or what we MUST do. There is no law that says you can not change the locks. So it comes to a contractual issue.

                All tenancy contracts have an implied obligation to return the property in the same condition as when you move in - what you choose to do in between doesn't affect that.

                If a tenancy agreement has a stipulation that you must not change locks, or you must allow access, if you ignore that your landlord could seek possession under section 8 (ground 12) of the 1988 Housing Act. If he did so, he would have to convince a judge that whatever you had done wrong was a sufficiently severe breach of your tenancy agreement to warrant evicting you. IMHO, neither of these breaches are likely to be regarded as sufficient to warrant eviction.

                Of course, as per my signature, none of the above is an issue if your landlord is in a position to issue a s21 notice and not renew your agreement.

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                  #68
                  Originally posted by Snorkerz View Post
                  Thesaint is right, there is nothing that says you CAN do it, funnily enough there is also no law that says you CAN smile on Tuesdays (but you can ). The law tends to prescribe what we CAN'T do or what we MUST do. There is no law that says you can not change the locks. So it comes to a contractual issue.

                  All tenancy contracts have an implied obligation to return the property in the same condition as when you move in - what you choose to do in between doesn't affect that.

                  If a tenancy agreement has a stipulation that you must not change locks, or you must allow access, if you ignore that your landlord could seek possession under section 8 (ground 12) of the 1988 Housing Act. If he did so, he would have to convince a judge that whatever you had done wrong was a sufficiently severe breach of your tenancy agreement to warrant evicting you. IMHO, neither of these breaches are likely to be regarded as sufficient to warrant eviction.

                  Of course, as per my signature, none of the above is an issue if your landlord is in a position to issue a s21 notice and not renew your agreement.
                  Also, just to add to the snorkerz's comments above, in addition to LL seeking redress by having grounds to evict you* if you breach the contract (i.e. the tenancy agreement) by changing the locks when it says you mustn't, or not letting the LL access the property when it says you must, you risk being sued for breach of contract. HOWEVER, the LL would have to prove he suffered a loss. In both scenarios, it is hard to see how, unless access was requiered to fix a leak or repair something critical.

                  As to the point about having an absolute to refuse the LL access (even though you risk being in breach of contract for doing so), I am not sure where this prohibition comes from. There are provisions in s.1 of the Protection from Eviction Act 1977 relating to harrassment by a LL entering the premises to try and cause the occupier to give us his occupation of them, and possibly an Art.8 human rights claim, but otherwise nothing else as far as I can tell.

                  *which is unlikely by the way, and more unlikely that he will be successful for such a trivial breach

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                    #69
                    Originally posted by dominic View Post
                    Also, just to add to the snorkerz's comments above, in addition to LL seeking redress by having grounds to evict you* if you breach the contract (i.e. the tenancy agreement) by changing the locks when it says you mustn't, or not letting the LL access the property when it says you must, you risk being sued for breach of contract. HOWEVER, the LL would have to prove he suffered a loss. In both scenarios, it is hard to see how, unless access was requiered to fix a leak or repair something critical.

                    As to the point about having an absolute to refuse the LL access (even though you risk being in breach of contract for doing so), I am not sure where this prohibition comes from. There are provisions in s.1 of the Protection from Eviction Act 1977 relating to harrassment by a LL entering the premises to try and cause the occupier to give us his occupation of them, and possibly an Art.8 human rights claim, but otherwise nothing else as far as I can tell.

                    *which is unlikely by the way, and more unlikely that he will be successful for such a trivial breach
                    Well changing the locks is not prohibited as part of my tennancy agreement ive checked that ,But i didnt want to have to do this as its costly and time consuming on my behalf

                    Im aware that the relationship between me and the landlord has now broken down and I am simply trying to live out the remaining 10months of the tennancy agreement in peace . Only contacting his letting manager when repairs are required or I have to provide them with any information

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                      #70
                      Locks

                      Oddly enough I just changed my locks today. It cost me a fiver [inc postage] for a new barrel lock off eBay and I got instructions for measuring for right lock and fitting it on YouTube. Amazed at how quick it was - 3 mins to measure and 10 mins to fit. Have kept old lock and keys to replace when I go.

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                        #71
                        Originally posted by muz379 View Post
                        Well changing the locks is not prohibited as part of my tennancy agreement ive checked that ,But i didnt want to have to do this as its costly and time consuming on my behalf
                        As gardeningmad says, it is neither expensive nor difficult. Here are the instructions for the 2 most common types of lock:

                        http://www.youtube.com/watch?v=VXAo7zSN-9o
                        http://www.youtube.com/watch?v=c12wWNG9ams

                        Comment


                          #72
                          Id rather not antagonise him more by changing the locks .unless he carries on with his bullying tone both every time he comes round or emails us in which case ill see it as no other option . I really don't want this stress and argument with him its not positive for anyone

                          My thing is he is claiming we are in breach of contract for 2 reasons

                          1) its a student let and 2 of us dont have money till student loan comes through . We contacted him a while back to tell him and he seemed ok for us to pay late as long as all late payment charges where made
                          2)the contract states we are to keep it in reasonable condition . Admittedly it was slightly messy last time he attended to carry out some repairs . But that was because we hadnt been in the property for a few days after having a gas leak and the gas turned off me and my housemate decided to go home and so we didnt have a priority of cleaning a house we werent in

                          Now I have today cleaned the house and emailed him photos he is still trying to get us to acknowledge a breach of contract

                          But he himself has also admitted a breach of both contract and our right to quiet enjoyment by saying he had a gas engineer round to carry out a safety test in july after the start of my tenancy however I have no record of recieveing notice or giving consent to this access

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                            #73
                            Originally posted by muz379 View Post

                            But he himself has also admitted a breach of both contract and our right to quiet enjoyment by saying he had a gas engineer round to carry out a safety test in july after the start of my tenancy however I have no record of recieveing notice or giving consent to this access
                            By getting a gas check done, he is meeting the requirements set out by law. You would have nil chance of getting him "done" for breaching your right to quiet enjoyment.

                            I don't understand how he's admitted this if he says he sent notice?
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment


                              #74
                              Originally posted by muz379 View Post
                              1) its a student let and 2 of us dont have money till student loan comes through . We contacted him a while back to tell him and he seemed ok for us to pay late as long as all late payment charges where made
                              Him seeming alright doesn't change the fact that he is right, you are in breach of contract.
                              2)the contract states we are to keep it in reasonable condition . Admittedly it was slightly messy last time he attended to carry out some repairs .
                              How you live your life is not his concern. So long as you return the property in good condition when the tenancy ends, that is all that matters. Tidyness is subjective anyway.

                              Comment


                                #75
                                Basically the issue regarding him saying someone came round without my consent arrose because I made a query regarding why there was a month gap between the old certificate expiring and the new one just being issued . He said someone came round in july to check but forgot to issue a certificate. As for the notice he isnt saying he sent notice and none of us have any record of such

                                As per me being in breach . I am aware I am in breach I do not deny this however I am saying wont he look unreasonable if he agreed to let us pay 2 months rent in october .and now he is saying that we are in breach and he has made no demands for the rent and is just seeking to make problems for us with our other housemates and gurantors which he has partially suceeded in doing

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