Entry into property - can landlord/agent enter if tenant forbids us?

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    #16
    On individual tenancies, the LL would have little problem accessing the property to inspect the common areas. A minimum 24 hour notice would normally be required, although more notice would be better.

    To inspect the bedrooms as well, I normally just communicate that this is a routine annual inspection and give them at least a weeks advance notice, with a date and time. If inconvenient to inform of a more suitable date.

    Usually, I get no problems at all.

    On those with joint tenancies or where the property is let entirely to the tenant, it seems the rate of decline for entry is higher as T's have rights to the entire property so the LL/LA are stopped at the front door, so to speak.

    However in both instances, if LL's/LA's rights of entry are outlined clearly in the TA and the requests are not unreasonable with plenty of advance notice given then very few problems should arise. Unless of course you have very difficult T's, or professional T's who abuse the system.

    Comment


      #17
      Maybe a link to some relevant legislation?? (complete with typo..)

      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.
      My understanding (I am but a simple, confused and old toiler-in-the-field, not some legal expert..) this means written, not email, not 'phone message, not TXT, not shouted through letter-box but WRITTEN.

      Note also "view state and condition" of premises, not so you can check up on T & complain about T keeping coal in't bath, curtains drawn, sink full of dirty dishes,.. (you can complain about those also, clearly.. )

      Also a link from the wonderful Mssrs Shelter..
      http://england.shelter.org.uk/get_ad...ccommodation#3
      Tenants general obligations

      The tenant has certain responsibilities when it comes to maintaining rented accommodation. Generally these depend on what the tenancy agreement says. However, the landlord cannot make the tenant responsible, or charge for repairs that are the landlord’s responsibility.

      The tenant’s other obligations include:

      keeping the property in good repair
      maintaining any electrical goods they own
      giving access to the landlord to carry out repairs.


      Cheers!

      Artful
      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


        #18
        Originally posted by theartfullodger View Post
        Maybe a link to some relevant legislation?? (complete with typo..)

        http://www.legislation.gov.uk/ukpga/1985/70/section/8


        My understanding (I am but a simple, confused and old toiler-in-the-field, not some legal expert..) this means written, not email, not 'phone message, not TXT, not shouted through letter-box but WRITTEN.

        Note also "view state and condition" of premises, not so you can check up on T & complain about T keeping coal in't bath, curtains drawn, sink full of dirty dishes,.. (you can complain about those also, clearly.. )
        Surely emails would be acceptable, esp in this day and age. It is a form of written communication. And deposit disputes eg. My|Deposits accept emails as evidence. I see no problem with this esp if the T's reply by return email. There is a communication trail that can be audited and verified.

        Comment


          #19
          I believe there was a recent case (not to do with inspections..) where emails were held OK but, question is, would you want to expose yourself to legal action (eg harassment) by not sending a simple letter, (keep copy)?? Devious tenants looking for a fight and in receipt of legal aid are out there, I assume you've never had the pleasure of meeting one ... ;-)
          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


            #20
            You have a point. If by post then you would have to send be recorded delivery.

            But for me I personally would and do send emails. And ask the T to confirm all ok by "return email". Always had confirmation this way. emails are fast and the least hassle. It's cheaper than snail mail, doesn't get lost and if it does there usually a failed delivery message to notify me it 'didn't get through'.

            Worse case if a T didn't reply then I'd shoot a letter by post, recorded/signed for.

            Comment


              #21
              Originally posted by sparkie View Post
              You have a point. If by post then you would have to send be recorded delivery.

              But for me I personally would and do send emails. And ask the T to confirm all ok by "return email". Always had confirmation this way. emails are fast and the least hassle. It's cheaper than snail mail, doesn't get lost and if it does there usually a failed delivery message to notify me it 'didn't get through'.

              Worse case if a T didn't reply then I'd shoot a letter by post, recorded/signed for.
              Well if you think back there have been people here who argue that while they have happily correspond by email they suddenly insist on a letter. Others have said that if its urgent who sends a letter? or " I leave all that to the weekend". I recall one resident who was most irked that " I had not sent the signed tenancy" when we met in lobby by chance. I went to her post box and there it was for the last five days with a weeks worth of mail stuffed in it- Reply -I am a very busy person.

              So we are in a situation that there is now more than one established form of communication and plenty of opinion. Except in emergencies most things can be planned well in advance and a letter and email sent in good time.
              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

              Comment


                #22
                As long as it stipulates in the tenancy agreement and you have given 24hrs notice you can lawfully enter the property without the tenant being present.

                Comment


                  #23
                  Originally posted by tyneview View Post
                  As long as it stipulates in the tenancy agreement and you have given 24hrs notice you can lawfully enter the property without the tenant being present.
                  I suggest you do a lot more reading before you jump in with such positive statements.

                  Welcome to the forum.
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                    #24
                    Originally posted by tyneview View Post
                    As long as it stipulates in the tenancy agreement and you have given 24hrs notice you can lawfully enter the property without the tenant being present.
                    3 posts and you are an expert already!!!! Pity you are wrong though

                    Comment


                      #25
                      Originally posted by LesleyAnne View Post
                      3 posts and you are an expert already!!!! Pity you are wrong though
                      But is he? If the tenancy agreement grants permission to enter how can the entry be unlawful when no law forbids it?

                      Comment


                        #26
                        here we go again! Anyone else got a strong sense of deja-vu???
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment


                          #27
                          Originally posted by Lawcruncher View Post
                          But is he? If the tenancy agreement grants permission to enter how can the entry be unlawful when no law forbids it?
                          Lawcruncher,why dont you bring a test case in the High Court !

                          Then when the Judge throws out the case,because there nothing in law to in-force a LL a right of entry to a Tenant home when they refused,your end up with a Huge legal Bill..................
                          Fed up with nitpickers and rivet counters...

                          Comment


                            #28
                            I repeat the question: If the tenancy agreement grants permission to enter how can the entry be unlawful when no law forbids it?

                            Comment


                              #29
                              Agree with LC (unless T has written refusing, clearly...).

                              I used to have a clause granting permission for inspections on (something like..) 2nd Thursday of every month between 10:00 & 12:00 and suspect that should stand up..
                              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


                                #30
                                I am not a legal expert, but I am fairly sure that in this country, you can even refuse access by the police unless they have a valid warrant, or reason to believe criminal activity is taking place on the premises. If a tenant/owner has a legal right to refuse them access, then how does a clause in a tenancy agreement give a LL access?

                                I agree many, if not most, TAs include clauses about LL right to enter, but this does not grant carte blanche access by the LL at any time or as frequently as they like. They should always ask the tenant's approval, and tenant has a right to refuse. OP's question was "can LL/agent enter if tenant forbids us" and in answer to that question I would say "NO".

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