Can I refuse landlord access

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  • Can I refuse landlord access

    I am a tenant which is moving out in 10 days. I have been in the property during 7 months and in this time I have had some problems with the landlord like:

    - My agreement have these clauses:

    "The Landlord agrees prior to the commencement of the tenancy to have the Premises professionally cleaned throughout such cleaning to include all carpets and soft furnishings, all cupboards and kitchen units inside and out and the polishing of all furniture and the Tenant agrees in accordance with clause 10.4 above he shall have the Premises professionally cleaned at the end or sooner determination of the tenancy."

    "The Landlord agrees prior to the commencement of the Tenancy to supply to the Premises a new mattress, the colour type quality and make to be of the Landlord's own choosing but shall where applicable comply with the Furniture & Furnishings (Fire)(Safety) Regulations 1988 and shall form part of the Landlord's Inventory of Contents which the Tenant shall have responsibility under the various clauses above."

    At the beginning of my tenant, when I arrived at the property these clauses have not been fulfilled. The property was dirty and I had to sleep one month in a very old and dirty mattress.

    Two weeks after appeared a water leak in the carpet of the bedroom. The Landlord and his agent property delay more than a month for reparing this. All this time I could not use the bathroom and finally the problem was that the pipe was broke before and the landlord had put a vessel in order to collect the water without fix the pipe, so when the container was overflowed appear the wet.

    Finally the pipe was repaired but the plumber had to broke a tile and the Landlord never have fixed it. I have written a lot of times to the agent for repairing this issue, but never have been fixed. I have lived 6 months with a hole in the wall. So, beginning disruptive repair works and not finishing them.

    For all this problems I have decided do not continue with the tenant and during a month I have had more than 30 viewings to the property, the landlord decided to rent and sell the property, so I have had double views. Finally the property was sold and now I am preparing my move.

    Yesterday I have received a call from the agent property for viewing the property again for the bank appraiser, they want to view the property in a range of hour and I am not availability for this in this moment, I can fix a view in a concret time, but now I have not time for waiting us during a morning, like they want. The agent tell me that I have to permit this view with their terms because the agreement said that I have to do it.

    My agreement said:

    " To allow the Landlord or his Agent (or any Superior Landlord) to enter the Premises with or without workmen and with all necessary equipment. Other than in the case of an emergency, the Landlord shall give the Tenant not less than 24 hours written notice.

    The Tenant is only required to allow such access when:

    · the Tenant has not complied with a written notice under paragraph 10.12 of this Agreement and the Landlord wishes to enter the Premises in accordance with that paragraph;

    · the Landlord or the Agent seeks to carry out work for which the Landlord is responsible (those responsibilities are set out in paragraph 24.3 of this Agreement);

    · the Landlord or the Agent wishes to inspect the Premises.

    12.2. To permit the Premises to be viewed at all reasonable times during the penultimate month of the Tenancy in normal working hours, including weekends following a prior request and upon giving at least 24 hours’ notice in writing, by any person who is, or is acting on behalf of, the Landlord, or the Agent, who wishes to view the Premises with a prospective purchaser or Tenant of the Premises.

    12.3. To permit the Premises to be viewed at all reasonable times during the final month of the Tenancy in normal working hours, including weekends, following a prior request by any person who is, or is acting on behalf of, the Landlord or the Agent, who wishes to view the Premises with a prospective purchaser or tenant.

    12.4. To allow the Landlord or the Agent to erect “for sale” or “to let” signs at the Premises."

    I am feeling harassment, I have been very helper with the agent all time and I am very boring with all nuisance.

    Can I refuse this view and ask to be carried out when I'll leave the property?

    What can I do?

  • #2
    Split from

    http://www.landlordzone.co.uk/forums...ion-or-viewing
    I also post as Mars_Mug when not moderating

    Comment


    • #3
      You can legally refuse, but I wouldn't. Having the surveyor being able to look at the property is a fundamental step in securing a mortgage. If you deny that, the whole sale might potentially fall through. While legally entitled to do so, you'd cause your landlord (and his buyer) a LOT of financial damage.

      Do you really want to cause this? Keep in mind that you want to part on good terms because you're tied to your landlord for many years in the future for credit / reference checks.

      Comment


      • #4
        Thank you for your answering.

        In fact I am not refusing the access, I only pretend that they come when I have availability and not when they pretend to impose me claiming that I have the obligation because it is in my agreement.

        Comment


        • #5
          In law you can refuse, and the landlord can only enter in case of emergency or with a court order. However, if you refuse you are in breach of contract and so may be liable for any costs that your actions create.

          Take a look at the sticky 'a landlords right of access' at the top of this forum'. It is quite long but the issue is complex and can not be answered fully in a sentence or two.

          Always remember what Armin said, you may need references off the landlord in future.

          Comment

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