Landlords rights to access room when the tenant may have left

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    Landlords rights to access room when the tenant may have left

    Hi,

    We have a tenant in a shared house who has been served a Section 21 and is now 2 months behind on her rent, so Section 8 soon as well.

    The problem is she seems to have moved out, the other tenants haven't seen her for 2 weeks but she is still contacting us and saying she is still living there and we have no right to enter her room. She has left on the lights and heating for the whole 2 weeks. We cannot enter the room without her consent and she keeps putting off our inspections. She says she has installed CCTV and will know if we enter her room, which I find unlikely.

    We are new to being landlords and not sure what to do.

    Can we enter the room on the grounds that we think she has moved out? Or that she has left on the lights and heating? As far as I have read we can't enter the room without her consent which she is unlikely to give.

    She may have moved and just be doing her best to annoy us.

    Any help would be appreciated.

    Paul

    #2
    You have consent to enter the room through the tenancy agreement. Give 24 hour written notice then enter.

    Comment


      #3
      What sort of shared house is this? - all tenants on the same agreement (a joint tenancy), or each tenant with a totally independent agreement relating only to one room?

      Comment


        #4
        Each tenant has their own agreement

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          #5
          Join NLA/RLA and do the Distance Learning LL Training Modules, or do some other LL training.
          Serve T with min 24hr Notice of Inspection, but do not enter her room without an independent witness present.

          Comment


            #6
            Join NLA/RLA and do the Distance Learning LL Training Modules, or do some other LL training.
            Serve T with min 24hr Notice of Inspection, but do not enter her room without an independent witness present.

            Comment


              #7
              Thanks, this sounds like a good idea

              Comment


                #8
                As above: Go, after serving notice of inspection, min 24hrs, access at "reasonable times", notice in writing. With witness:

                You do not need tenant's agreement: But if tenant states no access after the notice suggest you do not proceed. If she is in & asks you to leave do so, promptly & polite: (Harassment is a criminal offence)

                Ultimately you could get a court order for access but it's probably as long to evict.

                Here
                http://www.landlordzone.co.uk/forums...ion-or-viewing
                - is a VERY long thread on the subject...

                I would keep serving fresh s8's for every missed rent payment or underpayment: S8g10 can be served if only 1p is underpaid for only 1 day.

                General advice is evict using s21 - unless so far from end fixed term in which case s8g8.

                Good luck!

                The training will save you more in time & cost that it costs...
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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