Clause in the Housing Act/Landlord and Tenant Act Powers of Entry Viewings

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    Clause in the Housing Act/Landlord and Tenant Act Powers of Entry Viewings

    Hi all,

    I'm new to the forum so please do excuse me if I'm doing things wrong etc - but i have a pressing question about the rights of the tenant when landlords are doing viewings with prospective new tenants.
    I am having difficulties with my landlord which this evening have culminated in an abusive aggressive phone call from him which has been very upsetting. I am looking for our legal standpoint on the notice we require for him to do viewings - I need the specific clause in the correct act which can be referenced. I am aware of the access for repairs requiring 24 hours but don't know if this can be applied for viewings? Please if someone can help i would greatly appreciate it, i want to know my rights.

    thanks,
    liz

    #2
    Please see the 'sticky' on a landlords right of access. You will note that not all 'law' is written in the statute books - much of it is case law and common law.

    To oversimplify it, if you choose to say to the landlord "you ain't coming in here" then there is little he can do unless he gets a court order to force you to allow viewings.

    Comment


      #3
      As Snorkerz says..

      Further, abusive 'phone calls are harassment and illegal. Keep notes (handwritten is fine) of what is said when, politely ask LL to stop, if necessary hang up then write calm & polite letter of complaint..
      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


        #4
        Thanks for the reply - I have read quite far through the sticky - about 100 replies through - but I am concerned that I can't find anything to quote to the landlord. I know they rant allowed access without permission - but need definitive support for this as I stated this in the conversation with him earlier and he said he didn't need to give notice

        Liz

        Comment


          #5
          I am mentioning this for others to comment on....

          If landlord forces entry whilst tenant is 'in situ' would that be trespass?

          Liz, how long are you intending remaining in the property? For most locks it would be quite easy to change the key required - cost about £10. You'd have to reinstate the original lock barrel when you go but it would prevent LL entering when you were out.

          Comment


            #6
            we are only in for a few more weeks - want to get out as fast as possible! the problem is - i know these are my rights but can't find the case precedence or legislation which states them in order to use these in my case against LL

            Comment


              #7
              You might find something in writing if you look up "tenants right to quiet enjoyment".

              LL will probably waive a copy of his tenancy agreement under you nose, stating you signed up to a clause allowing viewings, but I concur with the others here, that unless LL obtains a court order, this is unenforceable.

              However, remember if you are looking to rent again, your LL may be approached to provide a reference. Is there any way you could compromise - say agree with viewings on 2 evenings a week to suit you?

              Alternatively, look here:

              http://www.landlordzone.co.uk/forums...uiet-enjoyment

              Post 2 from Artful, see his second quoted paragraph (1st one appears to relate to US law).

              Comment


                #8
                i really am at a loss as to where all these appears in the law I'm afraid - i really want to present a strong case with no holes but if i can't provide exact details they will just laugh it off and tell me I'm wrong

                Comment


                  #9
                  This may help..

                  http://england.shelter.org.uk/get_ad...ld_tenancies#1

                  Your right to live in your accommodation undisturbed

                  You have the right to live in your accommodation without being disturbed. You have control over your home so that your landlord and other people cannot freely enter whenever they want to. Your landlord cannot limit or otherwise interfere with your right to live in your home. If your landlord tries to do this s/he may be guilty of harassment, which is against the law.
                  Further, whilst you have a valid tenancy it is your home, your property (merely Landlord's investment). see..

                  bother, can't find link to landlordlaw blog article..
                  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


                    #10
                    Originally posted by theartfullodger View Post
                    Further, whilst you have a valid tenancy it is your home, your property (merely Landlord's investment). see..

                    bother, can't find link to landlordlaw blog article..
                    Is this the one you wanted?

                    http://www.landlordlawblog.co.uk/201...its-still-his/

                    Comment


                      #11
                      Maybe worth pointing out that this is all fairly academic if you do not intend to push the subject and change locks/secure property because OP would be left persuing LL through courts which would undoubtedly be litigious.
                      [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                      Comment

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