What constitutes “notice of a visit”

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    What constitutes “notice of a visit”

    My landlord, through my letting agent, has told me she will turn up "either on Friday or Saturday". I asked for a specific day and they came back and quoted “The tenant must allow access to the Landlord under the terms of the Tenancy Agreement allowing at least 24 hours notice of a visit” at me.

    I don’t particularly want to put my life on hold for two days and have always been completely flexible for all visits up until now.

    I just can’t see that “turning up at some point” over a two day period in any way constitutes “notice of a visit”. Otherwise they could give me “24 hours notice” that she will turn up next week at some point.

    I looked at the agreement but it’s pretty vague on this point. Am I entitled to a specific day and a rough time period?

    Thanks for any help,
    Alastair

    #2
    Yes, they should tell you when they intend to visit.
    Tell them that you explicitly refuse any visit unless they are specific on the day and time.

    Comment


      #3
      Hi, thanks for the quick reply. You don't happen to know if that's written down anywhere do you?

      Comment


        #4
        Two main points..

        1. (Read your tenancy agreement...) .. there may be a clause in it that you agreed to giving
        “The tenant must allow access to the Landlord under the terms of the Tenancy Agreement allowing at least 24 hours notice of a visit”
        - see what it says about how notice will be given. However you have the absolute right to refuse all visits, surveys, inspections, valuations etc but LL/agent also have the absolute right to take action (S8..) against you for breach of contract. It is highly unlikely any Judge would be sympathetic to LLs action on the basis of such a breech...

        2. Landlords do have one other right see.. Landlord & tenant act (1985) Section 8...
        http://www.legislation.gov.uk/ukpga/1985/70/section/8
        (2)The landlord, or a person authorised by him in writing, may at reasonable tinmes of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.
        (Odd typo for the fount of text for legislation....).
        - in that case writing means writing (piece-of-paper): Not TXT, not email, not 'phone-call, writing.

        You may wish to write a calm, polite email/letter, (keep copy) to agent stating you are unwilling to accede to their suggestion unless you get notice in writing in advance (which you can refuse). However if you take this route expect to be invited to leave via. the S21 route very shortly afterwards.

        Better might be to agree to a humane & reasonable approach, with mutual negotiation. If agent is difficult you may change the locks, as long as you change them back when you leave.

        Cheers!

        Artful (like many here, a landlord..)
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Thanks, that’s extremely helpful.
          I’m moving out very shortly so not overly fussed about anything other than keeping on good terms re. deposits and such.

          I’ve been in the house for 3 years now and have never once queried/prevented any visit. As far as I can tell I’ve been a pretty good tenant, rarely bothering them and fixing simple things taps/toilets etc. myself.

          Now the first time I suggested I’d like some clarification as to when I can have guests round on a Saturday I seem to have kicked something off. A new development just happened, I replied to an email from the Agent saying “I still haven't had 'notice of a visit' yet as far as I can see. I will assume …”
          Then they replied by forwarding the first email they sent to me on the subject but they had pasted an extra paragraph in!! I thought I was going mad, I had to triple check my inbox.

          Any thoughts?

          Comment


            #6
            Originally posted by AllyBarrow View Post
            Now the first time I suggested I’d like some clarification as to when I can have guests round on a Saturday I seem to have kicked something off. A new development just happened, I replied to an email from the Agent saying “I still haven't had 'notice of a visit' yet as far as I can see. I will assume …”
            Then they replied by forwarding the first email they sent to me on the subject but they had pasted an extra paragraph in!! I thought I was going mad, I had to triple check my inbox.

            Any thoughts?
            Sorry, this isn't very clear. Have they told you when they propose to land on your doorstep, or not?

            if not, then your are well within your rights to refuse access if they do turn up when it is inconvenient. Just tell them politely that it is inconvenient and would they please contact you properly next week to re-arrange.
            '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

            Comment


              #7
              Sorry, that wasn't very clear was it?

              This is the most recent email I have, they seem to be completely disregarding my requests for a time, and not even ackknowledging I have a right to expect one:

              "I will drop you a letter in the post to confirm that the Landlord will visit the property on Friday 11th March 2011. If however, the Landlord is unable to get there on Friday she will visit the property on Saturday 12th March 2011. I am giving you more than 24 hours notice that the Landlord wishes to visit her property.

              I do not accept that you want 24 hours notice if the Landlord is not able to visit the property on Friday as I am informing you today, Tuesday 8th March of the impending visit.




              Regards
              "

              Comment


                #8
                The requirement quite plainly means that you have to say when you are coming and that you cannot specify a time less than 24 hours from the time you give notice. The suggestion that it can mean that someone can drop in any time 24 hours after the notice is give is untenable.

                Comment


                  #9
                  Just like to say thank you for the information, it was extremely useful and I have a successful resolution.

                  Thanks again,
                  Alastair

                  Comment

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