Old tenant won't permit new applicants to view

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    #16
    So you have to give 48hours written notice to enter the property for repairs/maintenance and can go into the property but if they say they dont want you entering the property then you cant!

    Is that it?

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      #17
      Forget 48 hours notice or 24 hours written or not or whatever.

      It has to be emergency repairs to enter a property without a tenant's permission.

      Even landlords trying to comply with gas safety regulations cannot enter because it is not an emergency. Permission must be obtained from the tenant.

      Can we now put this discussion to bed please. It has been discussed sooooo many times. You aren't going to get a different answer.

      Jeesh!

      Comment


        #18
        Poppy....it has been discussed so many times. And on more than one occasion the conclusion has been that with 48 hours written notice, the tenant must EXPLICITY refuse access. Within 48 hours, the landlord must get explicit permission. The reasoning behind this I believe is that 48 hours notice without reply was deemed to be permission granted. Several senior members if I recall agreed with this. However, I await case law/legislation saying otherwise!
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

        Comment


          #19
          I haven't been on this forum for a while, last time I followed it regularly, people who know what they are talking about said no entry without permission except in an emergency. When did this change and who are the senior members who state otherwise? I'd like to see what they have to say.

          Comment


            #20
            There's a lot of thrashing about here!
            1. Why hasn't somebody suggested serving a S.8 Ground 8 Notice some time ago? It would probably be much quicker.
            2. If the landlord feels the property has been abandoned then it is possible to pin a Notice to the door (and put another through the letterbox at the same time) to the effect that if the tenant fails to contact the landlord within say, 7 days, then the landlord will enter the property in order to check for repairs (this is quite legal). Make sure there is a contact number on the Notice and that it is rainproof such as laminated just in case the tenant comes back and says "No".
            3. If the landlord enters after the aforesaid time (but must not remove or disturb anything) he could look for possible evidence of abandonment (such as an accumulation of post). Remember a tenant is required to occupy the premises otherwise how do you know if it is being looked after, and I would think any judge might take into consideration any such evidence if the tenant returns after a few weeks away? (He probably won't if he owes such an amount).
            4. I know I have often posted that only a court order would constitute lawful re-entry but how long does a landlord have to wait if he hasn't had rent for 2 months, and the property is unoccupied? Providing a landlord had taken reasonbale steps to get the tenant to contact him then I think that is good evidence. I'm not saying it's foolproof because it ain't!
            5. If the gas and electricity meters are accessible from outside then any evidence of non-usage can be monitored; nothing being used over a couple of weeks would indicate to me that the tenant may have gone.
            6. What do neighbours know?
            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


              #21
              This is the first balanced, intelligent, plausible post I can remember from Paul-f. What on earth is he on? I want some
              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

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                #22
                Originally posted by lawstudent View Post
                This is the first balanced, intelligent, plausible post I can remember from Paul-f. What on earth is he on? I want some
                It must be effuluxion of time not sure if that is Class A,B or C
                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


                  #23
                  Paul, you are obviously talking about abandonment here .. but what about in cases where, for example, the tenant has been hospitalised for several weeks/months and is unable to contact the LL, deal with their finances or indeed anyone because of said illness? .. trust me on this one, it is an entirely possible scenario.

                  In such circumstances the utility meters meters would barely have moved, there would be an accumulation of post and the neighbours may not know the tenants personally to be able to give any insight ?

                  I'm just wondering what a judge would make of that situation, if the tenant came back home, only to find they've been evicted whilst they've been in hospital ....


                  Originally posted by Paul_f View Post
                  There's a lot of thrashing about here!
                  1. Why hasn't somebody suggested serving a S.8 Ground 8 Notice some time ago? It would probably be much quicker.
                  2. If the landlord feels the property has been abandoned then it is possible to pin a Notice to the door (and put another through the letterbox at the same time) to the effect that if the tenant fails to contact the landlord within say, 7 days, then the landlord will enter the property in order to check for repairs (this is quite legal). Make sure there is a contact number on the Notice and that it is rainproof such as laminated just in case the tenant comes back and says "No".
                  3. If the landlord enters after the aforesaid time (but must not remove or disturb anything) he could look for possible evidence of abandonment (such as an accumulation of post). Remember a tenant is required to occupy the premises otherwise how do you know if it is being looked after, and I would think any judge might take into consideration any such evidence if the tenant returns after a few weeks away? (He probably won't if he owes such an amount).
                  4. I know I have often posted that only a court order would constitute lawful re-entry but how long does a landlord have to wait if he hasn't had rent for 2 months, and the property is unoccupied? Providing a landlord had taken reasonbale steps to get the tenant to contact him then I think that is good evidence. I'm not saying it's foolproof because it ain't!
                  5. If the gas and electricity meters are accessible from outside then any evidence of non-usage can be monitored; nothing being used over a couple of weeks would indicate to me that the tenant may have gone.
                  6. What do neighbours know?
                  Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                  Comment


                    #24
                    Originally posted by pippay View Post
                    Paul, you are obviously talking about abandonment here .. but what about in cases where, for example, the tenant has been hospitalised for several weeks/months and is unable to contact the LL, deal with their finances or indeed anyone because of said illness? .. trust me on this one, it is an entirely possible scenario.

                    In such circumstances the utility meters meters would barely have moved, there would be an accumulation of post and the neighbours may not know the tenants personally to be able to give any insight ?

                    I'm just wondering what a judge would make of that situation, if the tenant came back home, only to find they've been evicted whilst they've been in hospital ....
                    It could be down to Paul F's effluxion of time which lawstudent is trying to get a fix for.Know any dealers
                    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


                      #25
                      Cor the tenant may even be on a three week Club 30 holiday

                      He (or she) would not be pleased if the landlord took repossession!!!!
                      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.

                      Comment


                        #26
                        Originally posted by pippay View Post
                        Paul, you are obviously talking about abandonment here .. but what about in cases where, for example, the tenant has been hospitalised for several weeks/months and is unable to contact the LL, deal with their finances or indeed anyone because of said illness? .. trust me on this one, it is an entirely possible scenario.

                        In such circumstances the utility meters meters would barely have moved, there would be an accumulation of post and the neighbours may not know the tenants personally to be able to give any insight ?

                        I'm just wondering what a judge would make of that situation, if the tenant came back home, only to find they've been evicted whilst they've been in hospital ....
                        That is a good point.The judge may see it as an illigal eviction where the damages could be astronomical.
                        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


                          #27
                          The tenant is still at the property for sure! He dropped his keys in the lobby and another tenant brought them to me. I left a note for him to contact me and sure enough he came to me to collect the keys! I wasn't in but a friend handed them over to him. Apparently he was quite embarassed. But so he should be! Wish I was there to speak to him!

                          I didnt issue section 8 because he wasn't over 2months in arrears at the time. And although he is being a noisy tenant I didnt think Id get enough evidence to evict him. I didnt want to end up with the court costs if he wins.

                          I stuck to my section 21 which I am positive was served correctly with reference to my contract.However from other posts I know it could have been done better! (If only I found thi site two months ago!) Although he never responded to the section 21. I would have thought he would call and say what the hell is this about? But he never??

                          Comment


                            #28
                            He might be thinking that he can say he never received the S21. Doesn't matter, the law requires that the S21 be served correctly, not that the tenant reads it.

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