Giving notice to view pushed to limit

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    #31
    Originally posted by zoe
    It is an unfair term and sticking it a contract and having it signed does not stop this.

    The LL can ask for access but they cannot insist even if it says so in the AST !! Sorry but you are very wrong on this occasion.
    Now let me to avoid any confusion as this is becoming a long link and may be going off topic, although i agree the OFT has guide lines to obviously unfair clauses in a AST I still can not agree that this is an unfair clause, remember i am writing about giving tenants ample notice of viewing at a agreed convenient time . I have never said a landlord should just go in at any time. except in an emergency. Now unless you are dealing with a different OFT than i am, i can not see what your argument is based on.
    to quote from OFT web site listing unreasonable terms "Terms that allows a landlord to enter the premises without giving reasonable notice (i.e. of at least 24 hours.) However, landlords can enter in an emergency if it has been impossible to contact the tenant and the work needs doing to prevent further damage to the property."

    That is all I am claiming. Maybe your replies have been based on seeing parts of posting and not original thread.
    Opinions given are mine, They are not necessarily correct, as the more I learn the less I know, You should always seek professional help.

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      #32
      Just to stick in my two pen'orth, it is not an unfair term and the tenant should comply with it as they agreed to on signing. However if they do not the LL can do nothing to make them. As we all agree (well apart from Welshgold I think) he cannot enter. However you can cite the tenants failure to adhere to this clause on your section 8 (worked for me!)
      Unshackled by the chains of idle vanity, A modest manatee, that's me

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        #33
        The argument about whther the term is fair or unfair is pointless. No term can override the landlords obligation to obtain the tenants permission each and every time entry is required. If permission is not forthcoming then entry cannot be lawfully had.

        This has nothing whatsoever to do with the OFT or unfair contract terms act. It goes to the heart of what a tenancy is, which the right of exclusive possession. Only the tenant can decide who get in and who does not.
        NOTE: Steven Palmer BSc (Hons) MRICS MBEng is an official LandlordZONE Topic Expert and a Director of Davisons Palmer Lim Any advice given by Steven in this Forum is of a general nature only and should not be acted upon without first obtaining advice specific to your problem/situation from a professional.

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          #34
          Originally posted by SteveP
          The argument about whther the term is fair or unfair is pointless. No term can override the landlords obligation to obtain the tenants permission each and every time entry is required. If permission is not forthcoming then entry cannot be lawfully had.

          This has nothing whatsoever to do with the OFT or unfair contract terms act. It goes to the heart of what a tenancy is, which the right of exclusive possession. Only the tenant can decide who get in and who does not.
          I quite agree. Permission is required for each visit and not notice.

          Zoe

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            #35
            Agreed 100%
            Unshackled by the chains of idle vanity, A modest manatee, that's me

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              #36
              Originally posted by welshgold
              I have never said a landlord should just go in at any time. except in an emergency. ."
              I will correct you there.The landlord cannot enter a property if there is an emergency that can only be done by the emergency services regardless of what the AST says.Even if the Landlord gives 24hours notice he/she can not enter the property unless a warrent has been obtained from the court and that will depend on the type of emergency.
              Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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                #37
                I had little idea that contracts can be 'overridden' in this way, by the actual Legal guidelines. Certainly offers a slight bubble of protection over bullies.

                By the way, no im not in warickshire, but maybe its the same company involved Im in Widnes, Cheshire

                Wow, Im amazed that this seems to be such a common problem! And thanks to every1 replying again, uve all opened my eyes a little wider. Its amazing really, just how much companies of any trade can get away with. More and more I can notice the battle of information. i.e. Ull never know unless u tell them that u know... Dont wait for them to tell u lol

                Thats fair enuff I guess, i mean every1 should make the effort to do their own research and not to expect companies or others to tell us everything.
                Every1 here has been incredibly helpful, despite their opinion, yay or nay. Uve all given me a little boost to keep on top of things now.

                Knowledge is confidence! lol

                Hugs!

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                  #38
                  Originally posted by pms
                  I will correct you there.The landlord cannot enter a property if there is an emergency that can only be done by the emergency services regardless of what the AST says.Even if the Landlord gives 24hours notice he/she can not enter the property unless a warrent has been obtained from the court and that will depend on the type of emergency.
                  You must all be in a different world.As from what your saying if for example a tenant is away a pipe bursts and water is pouring through the ceilings of the properties below, what happens do you call out the fire brigade.
                  Opinions given are mine, They are not necessarily correct, as the more I learn the less I know, You should always seek professional help.

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                    #39
                    Agree completely with justaboutsane. Both the tenant and landlord have legal rights but underlying everything is the need for good relationshiips and understanding.

                    We don't know the reason for the surveyor's visit in this case but it could have been in connection with repairs or improvements that could be beneficial to the tenant.

                    OK things went amiss with the notice but surely a reasonable tenant would have co-operated and explained he had not received the notice but requested fifteen minutes or so to get washed and tidied up and then allow the inspection to take place.

                    Any reasonable landlord would agree with such a request.

                    Standing on legal rights and causing the landlord the costs of a surveyor coming on another day is not going to endear tenant/landlord relationships.
                    Vic - wicked landlord
                    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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                      #40
                      Originally posted by welshgold
                      You must all be in a different world.As from what your saying if for example a tenant is away a pipe bursts and water is pouring through the ceilings of the properties below, what happens do you call out the fire brigade.
                      No Welshgold we are not on a different world you maybe but the answer to your question is Yes!!
                      Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                      Comment

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