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    #16
    yeah I've read some of it, not all -there are over 300 posts. as stated earlier, there are marked differences of opinion.

    It seems without caselaw it is very much open to interpretation. As an adviser we get tons of complainst of this nature.

    Not sure i'm any the wiser but thank you all anyway.

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      #17
      http://www.gardencourtchambers.co.uk...?iCategoryID=5 - Housing Law Bulletin

      Have a read through some of those, there is a link to archived versions at the bottom of the page.

      Also, depending on the circumstance you might get some joy by looking into the law re bailiffs. There have been lots of cases in that regard dealing with implied rights of access and what does and does not constitute peaceable entry etc. You'll find extensive lists of cases on some of the better anti-bailiff forums.

      There is no straight answer because there are a nearly infinite number of possible combinations of acts by LL and T, the outcome in any particular case will hinge on those.

      As I said in previous posts, the quick answer is that LL cannot force entry, be it in tenants absence by changing their locks (greyer area but v bad idea for LL), or in their presence by physical means (black and white).

      It's the same species of 'can't' as in a LL cannot illegally evict a tenant. They can't, legally, but some do, and some of those get away with it. My advice to tenants if they think the LL has been entering without their consent, and especially without their prior knowledge, is always to change the locks.
      I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

      Comment


        #18
        http://www.dealingwithbailiffs.co.uk...w.htm#breaking

        There, a few of the cases listed there (dealing with forced entry) might be relevant.
        I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

        Comment


          #19
          Another thought, there could well be Article 8 implications (private, family life - ECHR), to a court upholding a LL's right to enter without consent, not on a one off basis for repairs perhaps, but for marketing purposes i.e. repeated viewings.

          I would imagine (my guess/opinion only, I have done no research on the question, it just occurred to me) that an order allowing a LL repeated rights of access, with strangers, to his tenants private property would be incompatible with it.

          Were I a tenant I would certainly raise Article 8 in my defence if I were on the receiving end of an application by my LL for an injunction to repeatedly enter the property for marketing.
          I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

          Comment


            #20
            I think most of us are in agrement that access for viewing for prospective tenants/purchasers is not covered by statute.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment

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