L's right of access for inspection or viewing?

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    Originally posted by Snorkerz View Post
    Paul, this seems to contradict the majority view on here that non-contact by the tenant can not be taken as giving express permission to enter.
    I was just thinking that. Although in practice, on this one occasion, I doubt LL would be likely to be sued - harassment is by definition repeated annoyance/unauthorised access. Breach of contract, maybe.
    '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

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      If the ceiling is as TT says coming down its an emergency repair situation. Send a letter with date and time a contractor will be attending and go with them to allow access.

      Comment


        Originally posted by Snorkerz View Post
        Paul, this seems to contradict the majority view on here that non-contact by the tenant can not be taken as giving express permission to enter.
        If you have written to the tenant on at least two occasions with a reasonable interval in between, to make an appointment, and both have failed to elicit a reply then it's perfectly acceptable to use the method I have suggested. The landlord is entitled by implication to inspect in order to carry out essential repairs and this is what this is all about here, as he is trying to maintain his property which he is lawfully obliged to do. I feel that most if not all judges would support the landlord in such cases. This method of entry by the way was consided to be a reasonable solution by Pain Smith solicitors as a result of non-contact from a tenant.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

        Comment


          Originally posted by Springfields View Post
          If the ceiling is as TT says coming down its an emergency repair situation. Send a letter with date and time a contractor will be attending and go with them to allow access.
          I think the ceiling coming down could be an urgent/important situation that is desirable to be fixed, but I don't think its an emergency, like a fire or serious water ingress.

          Also, to the OP, did the tenant tell you what is happening exactly, as the ceiling cannot keep coming down. Is it bits and pieces keep falling?
          Natural selection is a wonderful thing
          You shall know them by their fruit
          Saying "Never say never", says it

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            Tenant moved,in arrears,refusing access and now with burst pipe. What do I do?

            My tenant is 5 months in arrears, refusing access for me to inspect the house and has moved out of the area but refusing to give up his tenancy saying he still lives in my property.He has visited the property a few times in the last few months. He has informed the city council that the house is unoccupied for the purposes of council tax and a recorded letter I sent him was returned after 1 month. I have served section 8 and 21 notices upon him. Last week I visited the property and found water flowing from the attached garage. I tried to contact the tenant tell him that I needed to enter the garage to sort the problem but was unsuccessful. I entered with a witness and turned the water off. The tenant now says he is returning to the property next week and wants the leak repairing but refuses me access to any area other than the garage.he has also changed the house locks. What would you do about the repair? Is there anything else I can do to get rid of him other than the section 8 and 21

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              Write a letter stating that in order to arrange for any repairs you'll need access to the property to assess the required repairs. This is in accordance with you obligations under the L&TA. Refusing entry to assess the required repairs prevents you from complying with your obligations.

              Post one through the door and fix one to the front door.
              There is always scope for misinterpretation.

              If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

              Everyday is an opportunity to learn something new.

              Comment


                Originally posted by Docspaff View Post
                My tenant is 5 months in arrears, refusing access for me to inspect the house and has moved out of the area but refusing to give up his tenancy saying he still lives in my property.He has visited the property a few times in the last few months. He has informed the city council that the house is unoccupied for the purposes of council tax If he has done that then he has told the council he no longer lives there.

                and a recorded letter I sent him was returned after 1 month. Bad move to use recorded delivery, send letters by ordinary 1st class post and get a certificate of posting from two different post offices I have served section 8 and 21 notices upon him. Last week I visited the property and found water flowing from the attached garage. I tried to contact the tenant tell him that I needed to enter the garage to sort the problem but was unsuccessful. I entered with a witness and turned the water off. The tenant now says he is returning to the property next week and wants the leak repairing but refuses me access to any area other than the garage.he has also changed the house locks. What would you do about the repair? Is there anything else I can do to get rid of him other than the section 8 and 21
                If he is living elsewhere, and is paying CT there, then I think it's good evidence he has abandoned the property. Do a search on abandonment procedures on the site and follow those. You should also start a money claim online, that might encourage him to surrender the keys to you.
                I offer no guarantee that anything I say is correct. wysiwyg

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                  Originally posted by jta View Post
                  If he is living elsewhere, and is paying CT there, then I think it's good evidence he has abandoned the property. Do a search on abandonment procedures on the site and follow those. You should also start a money claim online, that might encourage him to surrender the keys to you.
                  I don't think you can assume that as the tenant has specifically refused to give up the tenancy.

                  However, as T is no longer using the property as their primary residence, then they no longer have an AST - just a common law tenancy. In that case, OP can apply to the court for possession without section 8 grounds or 2 months notice on a section 21 as these only apply to an AST.

                  Comment


                    Originally posted by Snorkerz View Post
                    I don't think you can assume that as the tenant has specifically refused to give up the tenancy.

                    However, as T is no longer using the property as their primary residence, then they no longer have an AST - just a common law tenancy. In that case, OP can apply to the court for possession without section 8 grounds or 2 months notice on a section 21 as these only apply to an AST.
                    Snorkerz, do you mean 'can', or 'cannot' here?
                    '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

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                      'Can' MTG. The tenancy is no longer an AST so the tenant can be evicted in the same way as any other non AST tenant (eg, rent over £100k). Sadly, not as simple as a lodger eviction.

                      So far as I understand, and this may be very wrong, the landlord applies to the court on a N5 form (not an N5b) with the appropriate fee.

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                        Getting an injunction for access

                        Hi

                        I've read a number of threads about difficulties in getting access to undertake a gas safety check. Tenant is refusing to answer calls, mail or the door. I understand from NLA that the only legal way to go about this seems to be to get an (emergency) injunction. They indicated this was quite a straightforward process. However, on visiting the county court, it all sounded much more complicated. Has anyone done something similar and can advise? Solicitors I have contacted cost in the region of £1000 and I can't afford that so ideally would like to do myself.

                        Apart from the application form (what exactly does the use of the term 'order' mean? is that a legal term, or simply a layman's description of what you want done?), the clerk mentioned an affidavit (assuming that's where I set out details/evidence?) and a claim form. Do I need to fill in the latter? I want access, not to claim money.

                        Any advice welcome.

                        Many thanks
                        Sedgewick

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                          Tongue in cheek

                          A LL is entitled to inspect the property/undertake essential maintenance if Notice of such is received 24 hr prior to visit (some debate if LL/contracter can enter without tenant present or without a chaperone)
                          A valid annual GSC is an essential Statutory requirement so if the GSC is about to or has expired I would regard that as an essential inspection.
                          I would serve notice of essential inspection (allow 2 postal delivery days for service if posted First Class with free Certificate of Posting) and allow the tenant a further 14 days to contact you to arrange a mutually convenient time by post, email or tel, otherwise subsequent entry will be effected whether they are present or not.
                          Remind them that a valid GSC is a Statutory requirement for their own safety.

                          Keep a record of your communications to show any gap in GSC is not your fault
                          entry will be effected after <date>

                          Comment


                            Thanks Mariner. I have done all you set out over the last few weeks. NLA advice, however, is to get an injunction to 'cover myself' (though I understand there is some debate about it). I fear if I go in, the tenant would have me for trespass.

                            Tenant is on periodic tenancy, has been there a year, failed to pay rent due start of Jan 11 (and owed a small amount from the Dec rent). I've served S.21, and will be serving S.8 G.8 after the Feb due date has passed. Tenant is on HB but Council won't pay me directly until after second payment has been missed (got letter from them yesterday).

                            Many thanks

                            Comment


                              Yes, agree if you go in the tenant could have you for harrassment - has happend to me and judge was not sympathetic even though gas safety cert had expired 2 months previous.

                              I would inform council that HB tenant is not allowing access (if you haven't already) by letter and phone so you are backing up your case. All you can do is wait for S21/S8 to kick in and get rid. I find there is no going back once tenants start this sort of mullarkey.



                              Freedom at the point of zero............

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                                Originally posted by mariner View Post
                                A LL is entitled to inspect the property/undertake essential maintenance if Notice of such is received 24 hr prior to visit
                                LL is not 'entitled'. LL must give notice to T and T must consent.

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