Landlord access to property

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    Landlord access to property

    We are currently in contract which expires on 29 Dec 2006, my landlord wants to gain access to the property. He has just started advertising the property on rightmove to sell. He has arranged four viewing for saturday to view the property which we have said we're not happy about, as we don't want people keep coming round for viewing when we still have 10 weeks left on the contract.

    No where in the contract can I see he's allowed to do this, only tradesmen for repair can gain access and himself, anyone else needs mutual agreement, which we're not willing to give.

    Does anyone know if I'm within my right to refuse ? and he says if we don't he is comes round to show the people himself, what action should we take ?

    I mentioned we will call the police if he tries to gain access without concent

    #2
    Access

    You have every right to refuse if it nor convenient and, if he tries to gain access he could be arrested for harassment.

    That said, it is usual for access to be allowed during the last two months of the tenancy and perhaps you could give him some dates when you would be prepared to show prospective purchasers around.



    This is advice only. Always consult a solicitor if in doubt.

    Comment


      #3
      Yes you are within your rights to refuse access, even the LL himself, unless it is for an emergency. You have a legal right to quiet enjoyment.

      However, I'm not sure that mentioning calling the police was the most diplomatic way of advocating your rights in this instance.

      You need to put in writing to him that if he insists on entering the property without your express permission, then you will have no option but to change the locks to protect your statutory right to quiet enjoyment.

      This way, it is on record you have given him adequate notice that what he intends to do is both unnacceptable and illegal, should you ever need it, even if it is to show the police, who sometimes take the view that it is a a civil complaint and not the criminal complaint of harassment.

      Should you not get a favourabe reply from him, change the locks.

      In the meantime, consider a compromise .. maybe viewings every 2 weeks on a specific day convenient to yourself?


      Originally posted by rdliser View Post
      We are currently in contract which expires on 29 Dec 2006, my landlord wants to gain access to the property. He has just started advertising the property on rightmove to sell. He has arranged four viewing for saturday to view the property which we have said we're not happy about, as we don't want people keep coming round for viewing when we still have 10 weeks left on the contract.

      No where in the contract can I see he's allowed to do this, only tradesmen for repair can gain access and himself, anyone else needs mutual agreement, which we're not willing to give.

      Does anyone know if I'm within my right to refuse ? and he says if we don't he is comes round to show the people himself, what action should we take ?

      I mentioned we will call the police if he tries to gain access without concent
      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


        #4
        Thanks, I had originally agreed to show people around, but the problem was first he started to say he was going to re-let, and then he says their purchasers. I asked what exactly is he doing with the house, re-letting or selling, but he said it was none of my business. Then he demanded he has the right to access for purchasers.

        I'm a reasonable person but I won't be bullied around by someone who thinks I'll just roll over. We have repairs at the property which needs carrying out and he hasn't lifted a finger, one of which is the heating isn't working. It's got to the point where I told him I'll sort out the repair and reclaim the money.

        Can I just deduct the cost of repair from the rent due if I sent him a receipt ?

        Comment


          #5
          Provided to you give him adeqate notice in writing that this is your intention if he doesn't get it sorted within xx amount of days; then get 3 quotes and then choose the most cost effective one and yes, you must provide a receipt.

          In the meantime, look round for somwhere else as I have a feeling that if things have got this bad, you'll be likely to receive a S21 (mandatory Notice of Repossesion) in the post at some stage ..

          Originally posted by rdliser View Post
          I'm a reasonable person but I won't be bullied around by someone who thinks I'll just roll over. We have repairs at the property which needs carrying out and he hasn't lifted a finger, one of which is the heating isn't working. It's got to the point where I told him I'll sort out the repair and reclaim the money.

          Can I just deduct the cost of repair from the rent due if I sent him a receipt ?
          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

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