Landlord putting our flat on the market

clutton_2

""the tenant's right to quiet enjoyment and the LL right of access to his property""

these are very clearly defined in law - a tenant does NOT have to let a LL in - even for repairs - unless for an emergency such as gas leak etc and in those cases a LL can let himself in - irrespective of what it says in the agreement - a LL cannot write a clause into an AST which detracts from the tenants legal rights accrued under other legislation.

usually LL/T relationships are good enough for common sense to prevail and for each to understand the needs of the other and mutually acceptable "access arrangements" can easily be agreed. - However - when an a*se of a LL like this - thinks he can sign up for a 12 month - then - at a whim - try to cancel that contract and leave the tenant in no-mans-land - as far as i am concerned all "common sense" has gone out the window and the tenant is well justified in claiming his full right to "quiet enjoyment"

Premier_2

clutton wrote: »

""the tenant's right to quiet enjoyment and the LL right of access to his property""

these are very clearly defined in law - a tenant does NOT have to let a LL in - even for repairs - unless for an emergency such as gas leak etc and in those cases a LL can let himself in - irrespective of what it says in the agreement - a LL cannot write a clause into an AST which detracts from the tenants legal rights accrued under other legislation.

usually LL/T relationships are good enough for common sense to prevail and for each to understand the needs of the other and mutually acceptable "access arrangements" can easily be agreed. - However - when an a*se of a LL like this - thinks he can sign up for a 12 month - then - at a whim - try to cancel that contract and leave the tenant in no-mans-land - as far as i am concerned all "common sense" has gone out the window and the tenant is well justified in claiming his full right to "quiet enjoyment"

A tenancy doesn't just give you rights - it also brings responsibilities. It's important you stick to the rules and don't break your tenancy agreement, and to get advice as soon as possible if you have problems.
Most tenants can be evicted (providing the correct procedure is followed) if they don't follow certain basic rules. These include:...


Giving your landlord access when necessary

Most tenancy agreements contain information about how and when your landlord can get access to the property, for example, if repairs are needed. You are entitled to be given reasonable notice of this....

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/tenants_responsibilities

Landlords may need access to the accommodation to inspect it and do repairs but they must let you live in your home without unnecessary interference. If you are a tenant then your landlord can't come in whenever they feel like it, and should give proper notice and arrange a suitable time if they need to visit. The amount of notice they have to give might be set out in your agreement. If you have a licence, your right to restrict your landlord from coming in is more limited, so get advice before you do anything.

You can ask your landlord to stop entering your home without your permission. It may be classed as harassment if s/he persists.

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities

MissMoneypenny

Premier wrote: »

Take the advice of your fellow anarchistic tenant, franklee, and be reasonable. You can be fool if you want, but when you do get evicted, where will you go without the benefit of a decent reference from your LL? There are only a limited number of park benches or pi$$y doorways to sleep in, and I understand competition is quite fierce out there.

It always amazes me that some LL are clueless as to what they can and can't do. You cannot just give your tenant 24 hours notice and then enter the property. Tenants have to agree to give you entry. "Quiet enjoyment" is a statutory right. I am beginning to see why I didn't have any problems with my tenants when I rented a house out in 1984 (when there weren't so many rentals around as there are now). Lots of rentals now, so you could end up with voids if word gets around what you are like. The maintenance men like to talk also.

You also seem to think that LLs have this power over tenants by holding them to ransom over a reference. It is a brave/foolish person that gives a bad reference these days.

As I have said before, I didn't even need to give a reference when I moved into this rental property last summer. They didn't even credit check me until after I moved in as the LA forgot to do it and the LL said he didn't need them. My LL and his father have been in BTLs for over 30 years.

Don't worry about me and that park bench. I sold the last of my houses last July and that was already mortgage free.. I can live where I want.:D No worries for me about having overstretched myself with many mortgages in a falling market.

clutton_2

Premier - simply repeating a post does not make it any more valid the second time

there are several very experienced landlords on this forum, including myself, who do know what the law says about tenants rights.

if a tenancy agreement asked the tenant to dance naked on the front door step every second thursday night at 8.14pm - would you do it "cos it was in the agreement" ??

ANY agreement only works if both parties agree with it and just because a LL puts something in an agreement does NOT make it lawful -an AST is a living changing set of agreements between two or more people which must reflect conditions in differing types of property -

ASTs are not a One Size Fits All -

i have seen a one page and a 50 page tenancy agreement for the same type of property

guppy

Premier wrote: »

Lot of opinions posted - only one poster has actually posted links from an independant source and I must say one that is particularly by tenants usually.

Strange how people here don't like it when that same souce disagrees with their own opinion.

I think the reason no one has posted sources is because the query is so simple and widely understood (at least by savvy MSE'rs here). The covenant of quiet enjoyment is age old and stems from common law, with the nature of the tenancy being determined by the Housing Act 1988.

Basic stuff.

Premier_2

clutton wrote: »

Premier - simply repeating a post does not make it any more valid the second time

there are several very experienced landlords on this forum, including myself, who do know what the law says about tenants rights.

if a tenancy agreement asked the tenant to dance naked on the front door step every second thursday night at 8.14pm - would you do it "cos it was in the agreement" ??

ANY agreement only works if both parties agree with it and just because a LL puts something in an agreement does NOT make it lawful -an AST is a living changing set of agreements between two or more people which must reflect conditions in differing types of property -

ASTs are not a One Size Fits All -

i have seen a one page and a 50 page tenancy agreement for the same type of property

Is that the sort of nonsense you write in your TAs?

This doesn't matter what else is in the TA, this is the tenant's responsibilities that many don't seem to know

A tenancy doesn't just give you rights - it also brings responsibilities. It's important you stick to the rules and don't break your tenancy agreement, and to get advice as soon as possible if you have problems.
Most tenants can be evicted (providing the correct procedure is followed) if they don't follow certain basic rules. These include:...


Giving your landlord access when necessary

Most tenancy agreements contain information about how and when your landlord can get access to the property, for example, if repairs are needed. You are entitled to be given reasonable notice of this....

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/tenants_responsibilities

Landlords may need access to the accommodation to inspect it and do repairs but they must let you live in your home without unnecessary interference. If you are a tenant then your landlord can't come in whenever they feel like it, and should give proper notice and arrange a suitable time if they need to visit. The amount of notice they have to give might be set out in your agreement. If you have a licence, your right to restrict your landlord from coming in is more limited, so get advice before you do anything.

You can ask your landlord to stop entering your home without your permission. It may be classed as harassment if s/he persists.

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities

Premier_2

guppy wrote: »

I think the reason no one has posted sources is because the query is so simple and widely understood (at least by savvy MSE'rs here). The covenant of quiet enjoyment is age old and stems from common law, with the nature of the tenancy being determined by the Housing Act 1988.

Basic stuff.

Almost as basic as this

A tenancy doesn't just give you rights - it also brings responsibilities. It's important you stick to the rules and don't break your tenancy agreement, and to get advice as soon as possible if you have problems.
Most tenants can be evicted (providing the correct procedure is followed) if they don't follow certain basic rules. These include:...


Giving your landlord access when necessary

Most tenancy agreements contain information about how and when your landlord can get access to the property, for example, if repairs are needed. You are entitled to be given reasonable notice of this....

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/tenants_responsibilities

Landlords may need access to the accommodation to inspect it and do repairs but they must let you live in your home without unnecessary interference. If you are a tenant then your landlord can't come in whenever they feel like it, and should give proper notice and arrange a suitable time if they need to visit. The amount of notice they have to give might be set out in your agreement. If you have a licence, your right to restrict your landlord from coming in is more limited, so get advice before you do anything.

You can ask your landlord to stop entering your home without your permission. It may be classed as harassment if s/he persists.

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities

The right to quiet enjoyment does not exclude the tenants responsibilities, and is not mutually exclusive to the LL rights of access

guppy

Premier wrote: »

Almost as basic as this

The right to quiet enjoyment overrides pretty much everything else, its as basic as the obligation to pay rent.

I agree, the tenant has a duty to allow the landlord to inspect the property, and to carry out repairs if required. Having said that, the landlord has no right of entry, he must still gain consent except in an emergency. Refusal to allow access might be grounds to end the tenancy, but a court would have to determine this.

There is no responsibility to allowing viewings of the property or to allow it to be redecorated during the term against the tenant's wishes. For the duration of the term, the landlord surrenders these rights in return for rent.

Premier_2

guppy wrote: »

The right to quiet enjoyment overrides pretty much everything else, its as basic as the obligation to pay rent.

I agree, the tenant has a duty to allow the landlord to inspect the property, and to carry out repairs if required. Having said that, the landlord has no right of entry, he must still gain consent except in an emergency. Refusal to allow access might be grounds to end the tenancy, but a court would have to determine this.

There is no responsibility to allowing viewings of the property or to allow it to be redecorated during the term against the tenant's wishes. For the duration of the term, the landlord surrenders these rights in return for rent.

You don't think so?

A tenancy doesn't just give you rights - it also brings responsibilities. It's important you stick to the rules and don't break your tenancy agreement, and to get advice as soon as possible if you have problems.
Most tenants can be evicted (providing the correct procedure is followed) if they don't follow certain basic rules. These include:...


Giving your landlord access when necessary

Most tenancy agreements contain information about how and when your landlord can get access to the property, for example, if repairs are needed. You are entitled to be given reasonable notice of this....

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/tenants_responsibilities

Landlords may need access to the accommodation to inspect it and do repairs but they must let you live in your home without unnecessary interference. If you are a tenant then your landlord can't come in whenever they feel like it, and should give proper notice and arrange a suitable time if they need to visit. The amount of notice they have to give might be set out in your agreement. If you have a licence, your right to restrict your landlord from coming in is more limited, so get advice before you do anything.

You can ask your landlord to stop entering your home without your permission. It may be classed as harassment if s/he persists.

http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities

clutton_2

Premier - no matter how many times you print that same old copy-paste thing - you are not going to convince established landlords like myself of what you say

a tenant MUST only comply with the terms and conditions of an AST IF THEY ARE LAWFUL - and if the T&Cs are not lawful - a tenant does not have to comply them.

btw - Shelter is a housing ADVICE line - not a Legal help line - and whilst the advice they give is often the most pertinent and sensible advice - occasionally they do "interpret" the law in various manners, (as do Local authorities housing departments)

i'm not responding to you anymore - you are becoming repetitious - as am i. the OP can decide for himself.