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Landlord entered flat without permission

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Comments

  • m0bov
    m0bov Posts: 2,735 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    This has come up many times on this forum. Normally the tenant has to give permission hence changing of locks. If the tenant refuses access then an S21 will prolly be on the way.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    m0bov wrote: »
    This has come up many times on this forum. Normally the tenant has to give permission hence changing of locks.

    Yes, it has come up many times.
    Unfortunately you still give the wrong impression.
  • No, YOU are wrong jjlandlord. Regardless of the wording of tenancy agreements, or what has been verbally or otherwise agreed in the past, the landlord must have explicit permission from the tenant each and every time they wish to enter. This means notice in writing, delivered correctly, in the correct time frame (or simply asking verbally if the relationship allows for this), and then waiting for permission.

    If a landlord or any other person enters the property without permission (given for that specific time), then it can be construed as harassment.

    The ONLY case where this dies not apply is where there is an emergency such as a gas leak.
  • m0bov
    m0bov Posts: 2,735 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I have googled "does landlord have right to enter" and as above, it needs to be with permission or emergency like gas or water leak. Tenants can always get advice from CAB or Shelter. Most professional landlords will be aware of their legal position. Its only rouge landlords and people giving out wrong advice that can lead to confusion.
  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    lots of assertions but not much evidence...
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    No, YOU are wrong jjlandlord. Regardless of the wording of tenancy agreements, or what has been verbally or otherwise agreed in the past, the landlord must have explicit permission from the tenant each and every time they wish to enter. This means notice in writing, delivered correctly, in the correct time frame (or simply asking verbally if the relationship allows for this), and then waiting for permission.

    There is no basis for your assertion.
    m0bov wrote: »
    I have googled "does landlord have right to enter" and as above, it needs to be with permission or emergency like gas or water leak.

    In an emergency the landlord does not need to give notice.
    In any case a notice is not a request for permission.
  • DKLS
    DKLS Posts: 13,461 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    jjlandlord wrote: »
    The landlord has a right of entry upon 24 hour notice for the purpose of inspecting the property. That's his explicit permission.

    24hrs notice!!!, You would get short shrift from me if you asked for 24hrs notice, I would want at least 2 weeks notice of a visit.

    You sound like one of those landlords.
  • m0bov
    m0bov Posts: 2,735 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I'm not going to bother quoting websites or anything, I'm glad I don't rent off you!
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 25 March 2014 at 12:34PM
    DKLS wrote: »
    24hrs notice!!!, You would get short shrift from me if you asked for 24hrs notice, I would want at least 2 weeks notice of a visit.

    You want what you like, but the law states otherwise.
    m0bov wrote: »
    I'm not going to bother quoting websites or anything, I'm glad I don't rent off you!

    Do you want me to quote you statutes?
    (6)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.

    The landlord may enter on 24 hour notice. This is not an opinion, this is not arguable.
    This is certainly not the same as requesting and waiting for explicit permission.

    Can the landlord land himself in hot waters by entering despite the tenant saying 'no'? Yes.
    Should the landlord be careful? Yes.
    Can the landlord force his way in? No.

    Please stop mis-representing your (uninformed?) opinions as facts.
  • jaylee3
    jaylee3 Posts: 2,127 Forumite
    1,000 Posts Combo Breaker
    jjlandlord wrote: »
    The landlord has a right of entry upon 24 hour notice for the purpose of inspecting the property. That's his explicit permission.

    Well will YOU point out the LAW then, (like you asked LEE to do,) that says a landlord can come and go as he pleases in his TENANT'S property. Because as long as they have a tenancy agreement and are paying rent and conducting their tenancy suitably, it's more THEIR home than the LANDLORD'S.

    So where do you get this law from that nobody else has heard of that a landlord has a RIGHT to enter the property whenever he wants to? With only 24 hours notice?
    (•_•)
    )o o)╯
    /___\
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