Tenant causing me problems in getting property back on the market

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    #31
    In theory you can let yourself in if the tenant isn't present when you attend the property, though whether its advisable to do so is questionable.... if you do, take along an independent witness or video record your visit. Otherwise what's to stop the tenant suddenly remembering they had a grand in notes in the bedside table and its gone walkies? That being one of the many reasons its not advisable to just let yourself in.

    If they refuse to allow you to inspect you'd need to obtain an injunction from the court ordering them to do so. Probably easier to evict than doing that.
    I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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      #32
      Ok so can you evict and give a section 8 notice on the grounds of not allowing a Landlord inspection. Maybe ground 12? - Used when there has been a breach of any term of the tenancy agreement.

      Comment


        #33
        Originally posted by Matthew_1000 View Post
        Can a Landlord after giving 24hours notice just enter his rental property without permission? or does the tenant first need to respond to the Inspection notice?

        - And what if there is no response from the tenant? What is the process and how long to get a court order for access?
        Yes he can just let himself in.
        The law does not require a landlord to get the tenants "permission".
        Allow tenants to protect their own deposits. I want free money when they do it wrong

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          #34
          Originally posted by Matthew_1000 View Post
          Ok so can you evict and give a section 8 notice on the grounds of not allowing a Landlord inspection. Maybe ground 12? - Used when there has been a breach of any term of the tenancy agreement.
          You can try but unless you use a mandatory ground you might not get possession.... doubt you would have any hope at all for a couple of refused inspections.

          S21 is better.

          Sending the tenant a S8 G12 notice with a covering letter explaining their breaches might change their behaviour without you needing to go to court though. No harm in trying perhaps.
          I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

          Comment


            #35
            Originally posted by thesaint View Post
            Yes he can just let himself in.
            The law does not require a landlord to get the tenants "permission".
            This seems to be the problem I'm having as there are so many conflicting theories on this, some Landlords and specialists articles say its fine to enter whilst other say its a big no no and not aloud at all. So what is the correct answer?

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              #36
              The correct answer is that it is legally permissible (S11(6) LL&T Act 1985) for you to enter if you are unopposed (by the tenant in situ [breach of peace]) and don't have to force entry (tenant changed locks).

              However, while it might be legally permissible it isn't a good idea in my view.

              http://www.legislation.gov.uk/ukpga/1985/70/section/11

              "In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair."

              This right co-exists with the tenants rights and should be exercised with those in mind.
              I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

              Comment


                #37
                Originally posted by Matthew_1000 View Post
                This seems to be the problem I'm having as there are so many conflicting theories on this, some Landlords and specialists articles say its fine to enter whilst other say its a big no no and not aloud at all. So what is the correct answer?
                The correct answer is the one I gave you.
                There could be reasons why I would not advise a landlord to do so though.

                A good read(if you don't fancy the long one stickied on LLZ):

                http://forums.moneysavingexpert.com/....php?t=4868562
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #38
                  Two related threads have been merged.

                  Mattew_1000, there was no need to start a new thread on this subject, if you were after a general discussion then there’s a sticky thread already at the top of this forum.
                  I also post as Mars_Mug when not moderating

                  Comment


                    #39
                    Originally posted by Matthew_1000 View Post
                    This seems to be the problem I'm having as there are so many conflicting theories on this, some Landlords and specialists articles say its fine to enter whilst other say its a big no no and not aloud at all. So what is the correct answer?
                    A tenant has a right not to be disturbed. This right arises under a covenant for quiet enjoyment given by the landlord. Where not expressly given the covenant is implied by law. The right is not absolute and in particular can be modified by agreement so long as the modification is not such that the rights granted or the manner in which the rights are exercised strike at the essential nature of a tenancy as a contract for exclusive enjoyment of property.

                    Ignoring emergencies, a landlord has no right to enter unless the tenant has previously agreed. A tenant may agree either as a term of the tenancy or at some later stage. A term in an agreement is either express or implied. The law only implies rights of entry in relation to repairs and checking to see if repairs are needed. Whether the term is express or implied makes no difference as to its enforceability. If the tenant has agreed as a term of the tenancy that the landlord may enter for a specific purpose he cannot unilaterally withdraw his agreement. This means (assuming always that the right is reasonable and if reasonable is being exercised reasonably) that the landlord does not need the tenant to confirm his agreement but may exercise the right subject only to complying with any conditions attached to it. The tenant does not have to agree twice.

                    Since the tenant cannot withdraw his agreement he has no right to do anything which impedes entry and if he unreasonably fails to facilitate entry is in breach of contract. Confusion about this arises because if the tenant prevents entry the landlord cannot force it; that is not the same thing at all as saying the tenant can refuse access without a court order.

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                      #40
                      Thanks Lawcruncher.

                      Just a quick question for Landlords out there as i'm new to the Landlord Inspection side of things. When I write to the tenant and give 24 hours notice of a Landlord Inspection do I give an exact time or a broad time when I will arrive at the property? For example what if I say I will arrive at 5pm and there is no answer? (the tenant then says sorry but they were at work or something afterwards) or can I say I will arrive between 5pm - 7pm?

                      Just that I'm getting the impression my dodgy tenant either won't answer/open up or won't be around.

                      Comment


                        #41
                        If you must, give yourself a window.

                        I never bother, if I am 10 mins late, I am 10 mins late. They are not required to be there, so I am not keeping them from anything.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #42
                          Re landlords entering the building without permission, Darth Wookie said: "Ultimately the general answer is no, they can't just come in, unless there is a clear and present danger (gas leak). "

                          But... it's amazing how ganja can smell like a gas leak, isn't it?!

                          Comment


                            #43

                            But... it's amazing how ganja can smell like a gas leak, isn't it?!
                            Brilliant!

                            Comment


                              #44
                              Make sure that if you are questioned about a gas leak and none is found, you can say it may have just been a smell from the drains, but we had to make sure it was not a gas leak.

                              Gas has an additive so you can smell it, but as i don't "sniff" gas,
                              i have no idea what it smells like, except, before North sea gas ( before we had to change all our jets in gas cookers to use North sea gas ) it smelt foul ( just like drains )

                              Comment


                                #45
                                Will be doing a Landlord check in the next few days. The Police don't seem to be doing anything probably due to the fact that he is a small time dealer/grower opposed to having a whole canabis farm. It looks like they also have a pet at the property, contract clearly states NO PETS so i'm guessing I can issue section 8 on that evidence?

                                Comment

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