Can landlord unlock/enter property to inspect?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Can landlord unlock/enter property to inspect?

    I have got some keys to the property I let out, can I let myself in to see if the tenant is still there?

    #2
    Originally posted by coolestscottie View Post
    I have got some keys to the property I let out, can I let myself in to see if the tenant is still there?
    No!! Disturbing tenant's "quiet enjoyment of the property" etc and could make you liable for a massive fine if you were caught.

    Comment


      #3
      Coolestcottie. Don't under any circumstances let yourself in. If you can't get hold of your tenant on the phone, then hand delivery a letter.

      Comment


        #4
        delivered several letters

        I have delivered several letters by hand straight through the letter box,attempted to phone the flat on numerous ocassions and tried phoning the tenants mobiile phone which is always ignored,surprise? No! He owes me 5 wks rent and I am thinking of either issuing a s8 or s21.The curtains are always drawn and I'm wondering whether he's done a runner.

        Comment


          #5
          Originally posted by coolestscottie View Post
          I have delivered several letters by hand straight through the letter box,attempted to phone the flat on numerous ocassions and tried phoning the tenants mobiile phone which is always ignored,surprise? No! He owes me 5 wks rent and I am thinking of either issuing a s8 or s21.The curtains are always drawn and I'm wondering whether he's done a runner.
          So serve your Notices and see what response (if any).
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Originally posted by coolestscottie View Post
            The curtains are always drawn and I'm wondering whether he's done a runner.
            Try the James Bond trick of putting something imperceptible across the hinge or door jamb that will break away or fall off if the door is opened. But TBH it doesn't really matter or make any difference: even if he's not using the property you still can't go in - just serve away as Jeffrey says and let the law take its course.

            Comment


              #7
              what's the problem??

              On our AST Section 5 says that the Landlord may enter the property if the Tenant has not paid the rent for more than 14 days.
              OR if they have paid the rent - Section 3.10 states that the Landlord has to give at least 24 hours notice and then he/she may enter the property for inspection/viewing.

              Comment


                #8
                Originally posted by redtomato View Post
                On our AST Section 5 says that the Landlord may enter the property if the Tenant has not paid the rent for more than 14 days.
                OR if they have paid the rent - Section 3.10 states that the Landlord has to give at least 24 hours notice and then he/she may enter the property for inspection/viewing.
                Don't know if you're a landlord a tenant, but either way - both terms would be classed as "unfair" and are legally unenforceable.

                Comment


                  #9
                  I am a Landlord - currently have 3 rental properties.
                  How can it be unfair and unenforcable if it is in the AST and the tenants have signed to agree with the terms and conditions before taking posession of the property??

                  Comment


                    #10
                    Any clause in an AST that takes away the tenants legal rights is likely to be unenforceable.

                    Comment


                      #11
                      This is the actual paragraph in the AST:
                      That the Landlord or any person authorised by the Landlord or his Agent may at reasonable times on giving 24 hours' notice (unless in the case of an emergency) enter the property for the purpose of viewing, inspecting its condition and state of repair or for the purpose of repair, maintenance or repainting.

                      What is the point in having an AST then if it doesn't protect the Landlord at all??

                      Comment


                        #12
                        I heard of a posting on the singing pig forum that said the following:

                        "When a tenant is 3 weeks behind with the rent, the landlord sends them a letter recorded delivery stating that they believe that the property has been abandoned. The tenant has 7 days to reply.

                        If the tenant does not reply then an abandonment notice is served (not eviction notice). Locks can then be legally changed on the property. Landlord has had no trouble using this technique to date… not too sure about the rest of the procedure as I was told about it by my gas man.

                        I’d assume that if the tenant replied then it would be the standard eviction route via. a Section 21 or Section 8. "

                        Perhaps you can find out more and make use of this technique if it is legal.
                        Vlenters

                        Comment


                          #13
                          Redtomato - you cannot go in. We have been down this road. You can ask for entry according to your AST but if the tenant refuses there is NOTHING you can do. That's the way it is. Sorry!
                          Unshackled by the chains of idle vanity, A modest manatee, that's me

                          Comment


                            #14
                            Originally posted by redtomato View Post
                            On our AST Section 5 says that the Landlord may enter the property if the Tenant has not paid the rent for more than 14 days.
                            OR if they have paid the rent
                            This is the "forfeiture clause" which you do need to have within an AST but should be qualified by stating it is subject to the landlord's rights of entry under lawful procedure by obtaining a court order i.e. telling the tenant in plain English his rights.
                            Originally posted by redtomato View Post
                            Section 3.10 states that the Landlord has to give at least 24 hours notice this is insufficient because it needs to say "in writing" and then he/she may enter the property for inspection/viewing.
                            Yes! I can see what it says, but the tenant must still give their permission as they have a legal right to refuse; it's their home not yours and you should treat it as such. Just because it's rented doesn't mean you can go in when you like: could somebody go into your home just because they wrote and said they wanted to? No ! of course not so treat it the same way. It might be your house but it is NOT your home.
                            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                            Comment


                              #15
                              At times such as this i wonder if i can be arsed to reply!!
                              With attitudes like this; No wonder tennants are taking the piss out of Landlords in this country!!

                              The original questioner was asking about his personal circumstances, ie he was not sure if the occupant was still there, and for what it was worth i was offering my opinion.
                              As for your opinion about some-one not being able to enter your home without permission, it is flawed, as the Customs and exise could enter any property at any time without prior notice.

                              Comment

                              Latest Activity

                              Collapse

                              • Ex tenant and arrears
                                by Perce
                                Hello All

                                I have issued multiple CCJs. Three of them are still unpaid.

                                I have also issued Third Party Debt Order which was successful.

                                But the ex T. still owes me money and more claims are to be issued .

                                I have asked for the deposit but the ex....
                                22-09-2021, 20:08 PM
                              • Reply to Another Sec 21 Notice
                                by theartfullodger
                                Thanks to Thatcher's 1988 Housing Act a tenancy continues, monthly periodic, if tenant remains in occupation.

                                Unless evicting tenants through court prior you / agent cannot (legally impossible to) prevent this.

                                Education?
                                22-09-2021, 19:51 PM
                              • Another Sec 21 Notice
                                by ispookie
                                We are a recent landlords after moving house. The house is a four bedroom in England, managed through a letting company, EPC, Rent protection, inventory etc were all done including the necessary checks on the tenants. The tenancy was setup for 12 months, ending in March 2021. Right from the start...
                                22-09-2021, 16:20 PM
                              • Reply to Utilities Account Manager
                                by Neelix
                                Just watch out as they seem to be falling like flies ATM
                                22-09-2021, 19:28 PM
                              • Utilities Account Manager
                                by michaelwgroves
                                I have a large portfolio, I got tired of spending ours on the phone each week managing utilities between tenancies. I found a utility company that gave me a dedicated account team. I simply email the tenancy change and it gets sorted. However, there are a few challenges they are struggling to overcome,...
                                22-09-2021, 07:15 AM
                              • Reply to Condensation/mould mid-tenancy
                                by mokka
                                I beg to differ. From experience it was slum landlords not sorting out the property by means of fixing penetrating damp along with missing roof tiles for years. Black mould covering a whole wall, damaged stairs that was just clipped back together under the stair case along with collapsing kitchen ceiling...
                                22-09-2021, 19:27 PM
                              • Condensation/mould mid-tenancy
                                by bethy
                                We have a nice couple living in our one bed flat. It's an old building with thick, uninsulated walls. We've owned it for 10 years, and in that time had 1 tenant who managed to cover the place with mould due to how she was living in it, everyone else since has been absolutely fine.

                                I visited...
                                20-09-2021, 12:42 PM
                              • Dispute deposit based on damage that landlord didn't repair?
                                by kankan
                                Hello everyone,

                                After signing the contract, but before moving in, the flat suffered some flood damage. 3 rooms needed repainting because of water stains and paint falling off.
                                We were promised that this will be taken care of after moving in. We followed up several times, but the repairs...
                                22-09-2021, 19:26 PM
                              • Reply to Condensation/mould mid-tenancy
                                by Hudson01
                                The above post just goes to prove that you cannot help some people.
                                22-09-2021, 19:13 PM
                              • Reply to Another Sec 21 Notice
                                by ispookie
                                This is why I think the current letting agents are not very good! All I asked the letting agents was to make sure the tenancy ends on the last day as per the contract and not to extend it....
                                22-09-2021, 18:55 PM
                              Working...
                              X