A Mystery and What to Do?

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    A Mystery and What to Do?

    Hello
    A house on ordinary AST single man tenant. The rent is being paid.

    I want to get into the house to inspect, also with a view to building an extension but the tenant does not answer the door, nor returns messages, emails and letters. He has also changed the locks.

    What to do please, how do I get in? What is the position if I write to say that we are getting a locksmith in?
    Thank you in advance

    Alan

    #2
    Getting in while the tenant doesnt want you there (i.e. changing the locks), is a really bad idea.

    I would say, request access to the property for an inspection, as per the tenancy agreement (I hope it does mention inspections) at a convenient time that he can specify.

    Do you know why he is ignoring you? Any bad incidents? If it is too much of a problem to you, you might want to consider evicting him.

    Obviously building an extension while he is in there, is not going to happen.
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

    Comment


      #3
      If it is imperative that you gain access, then I advise you get this tenant out.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        I assume you are the LL in this scenario.

        Regarding gaining access, you do have a right to inspect the property, with the tenant's consent, but as you cannot actually gain access, forcing entry with the locksmith is not a good idea. What does your tenancy agreement state about notice for inspections?

        When did you last gain entry? How long has tenant been in residence? Do you suspect something untoward may be going on in the property (cannabis factories have been known).

        As for building an extension, I suggest if you want to carry out major building works, attempting to do so with a tenant in place is never going to work. You will need to end the tenancy/evict this tenant - serve valid notice, wait 2 months for exiry then apply for court possession order. Then carry out your building works and relet later as necessary.

        Comment


          #5
          Originally posted by ohdearme View Post
          What to do please, how do I get in? What is the position if I write to say that we are getting a locksmith in?
          If you change the locks, or threaten to, the position is that in doing so you may possibly be committing a criminal offence - i.e. unlawful harassment or eviction; you would expose yourself to allegations of these offences, anyway.

          If you want to gain access to inspect without the express consent of the tenant, then the safest way to proceed is to obtain a court order enforcing your right of access to inspect (which may be either contractual or statutory, depending on the terms of the contract).

          Note, if the proposed extension in any way infringes on the T's right to exclusive possession/quiet enjoyment, then you cannot build it without the T's cooperation (or evicting the T first).

          Comment


            #6
            Thank you everyone. The extension would be after the tenant has gone and is no issue now.

            There may be as you say a cannabis factory, I do not know, the last inspection was about nine months ago.

            This is the relevant clause in the agreement,(Now periodic)
            Permit the Landlord and their Agents and workmen at reasonable times during the tenancy upon reasonable notice (except in case of emergency) to enter the Property for the purpose of inspecting repairing painting or carrying out any structural or other necessary proper repairs maintenance or upkeep.

            A court order may be the thing, There seems to be no more point in even more letters emails telephone calls which are never answered. What to do now? Alan

            Comment


              #7
              Originally posted by ohdearme View Post
              There may be as you say a cannabis factory, I do not know, the last inspection was about nine months ago.
              I think you might need plod to intervene if you are pretty certain of this. Are there any neighbours you can approach for potential evidence? Curtains or blinds drawn all the time are a dead giveaway.
              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


                #8
                Originally posted by ohdearme View Post
                This is the relevant clause in the agreement,(Now periodic)
                Permit the Landlord and their Agents and workmen at reasonable times during the tenancy upon reasonable notice (except in case of emergency) to enter the Property for the purpose of inspecting repairing painting or carrying out any structural or other necessary proper repairs maintenance or upkeep.

                A court order may be the thing, There seems to be no more point in even more letters emails telephone calls which are never answered. What to do now? Alan
                Apply for a court order to enforce the right of access to inspect.

                Comment


                  #9
                  Permit the Landlord and their Agents and workmen at reasonable times during the tenancy upon reasonable notice (except in case of emergency) to enter the Property for the purpose of inspecting repairing painting or carrying out any structural or other necessary proper repairs maintenance or upkeep.

                  There has to be serious doubt about whether this clause extends to allowing an inspection made with a view to carrying out improvements.

                  Comment


                    #10
                    Originally posted by Paul_f View Post
                    Curtains or blinds drawn all the time are a dead give-away.
                    Poppycock !

                    Loads of people keep there blinds drawn All the time,dosnt mean there up to no good....

                    Originally posted by westminster View Post
                    Apply for a court order to enforce the right of access to inspect.
                    ohdearme.

                    Have a read of All of this http://www.landlordzone.co.uk/forums...ion-or-viewing

                    Before wasting you money on a injunction.

                    Good luck !
                    Fed up with nitpickers and rivet counters...

                    Comment


                      #11
                      Nothing's Poppycock, don't let us fall out over this!
                      I am no longer am concerned about the extension, just need to know what to do.
                      Calling in the Police could be embarassing if there is a reasonable reason, (extended holiday)
                      A court order? Thanks for this, probably worth seeing the solicitor. any other ideas,otherwise
                      thank you all.
                      Best
                      Alan

                      Comment


                        #12
                        Stake out the place at differing times of day if possible and see if there is any activity. Ask the neighbours.
                        Is this a working person, a person of private means, does he have a day job - where was it? Ring up and ask for him - you don't have to continue the call.

                        Is the rent paid by direct debit or cash into your account? There are several sleuthing courses of action I might take before calling the police.



                        Freedom at the point of zero............

                        Comment


                          #13
                          Originally posted by westminster View Post
                          Apply for a court order to enforce the right of access to inspect.
                          This is your best bet, instead of practically spying on your tenant...

                          Comment


                            #14
                            Time involved to get court order compared with spying . Discuss.



                            Freedom at the point of zero............

                            Comment


                              #15
                              Originally posted by Interlaken View Post
                              Time involved to get court order compared with spying . Discuss.
                              One way is official and considered a more proper route, the other is creepy?

                              Comment

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