Landlord putting our flat on the market

clutton_2

i had a tenant who refused me access for the CORGI inspection and i was unable to force access into the property for that - on the advice of both the national landlords association and a Specialist solicitor - if i could not force entry for a legally required visit - i sure as heck cannot force entry for repairs other than an obvious emergency such as gas leak.

Quiet Enjoyment over-rides all other rights in LL/T law

Premier_2

clutton wrote: »

i had a tenant who refused me access for the CORGI inspection and i was unable to force access into the property for that - on the advice of both the national landlords association and a Specialist solicitor - if i could not force entry for a legally required visit - i sure as heck cannot force entry for repairs other than an obvious emergency such as gas leak.

Quiet Enjoyment over-rides all other rights in LL/T law

You are not allowed to force entry, where the tenant had expressly refused you entry - I'd have thought a landlord with your experience would have known that

Follow the advice given by Shelter and you won't go too far wrong.

Both LL and tenants have responsibilities. This is some of the responsibilities a tenant has:

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

If you truely believe Shelter is wrong, I guess that means Newcastle Universtity Accomodation Office is wrong too.

Access to the property

You legally have to allow your tenants quiet, peaceful enjoyment of the property. You should always have permission to enter the property. If you need to visit the property to carry out an inspection, or deal with a reported repair, you must by law give the students 24 hours written notice. Only in the case of an emergency can you enter the premises without the tenant's consent. Access arrangements and procedures for getting repairs done and organizing viewings should be set out in the tenancy agreement.

http://www.ncl.ac.uk/accommodation/landlord/housing/oblige.php

guppy

"You legally have to allow your tenants quiet, peaceful enjoyment of the property. You should always have permission to enter the property. If you need to visit the property to carry out an inspection, or deal with a reported repair, you must by law give the students 24 hours written notice. Only in the case of an emergency can you enter the premises without the tenant's consent. Access arrangements and procedures for getting repairs done and organizing viewings should be set out in the tenancy agreement"

This supports the point I, and I believe, Clutton, are making.

Yes, the tenant has a responsibility to allow the landlord access for necessary repairs etc.

But if the tenant refuses access for this purposes, the landlord has no right to enter, forcibly or not, except in an emergency.

Of course by refusing entry for repairs, the tenant is breaching his responsibilities under the tenancy agreement, so the landlord can then seek to regain possession.

All this has nothing to do with the OP's issue though, redecorating is not repair, and nor is showing potential purchasers around.

Whatever the terms of the tenancy, they do not entitle the landlord to trespass by entering the tenant's home without permission.

neverdespairgirl

MissMoneypenny wrote: »

"Quiet enjoyment" is a statutory right.

I don't think it is statutory - I'm relatively sure it's a common law right.

Premier_2

guppy wrote: »

"You legally have to allow your tenants quiet, peaceful enjoyment of the property. You should always have permission to enter the property. If you need to visit the property to carry out an inspection, or deal with a reported repair, you must by law give the students 24 hours written notice. Only in the case of an emergency can you enter the premises without the tenant's consent. Access arrangements and procedures for getting repairs done and organizing viewings should be set out in the tenancy agreement"

This supports the point I, and I believe, Clutton, are making.

Yes, the tenant has a responsibility to allow the landlord access for necessary repairs etc.

But if the tenant refuses access for this purposes, the landlord has no right to enter, forcibly or not, except in an emergency.

Of course by refusing entry for repairs, the tenant is breaching his responsibilities under the tenancy agreement, so the landlord can then seek to regain possession.

All this has nothing to do with the OP's issue though, redecorating is not repair, and nor is showing potential purchasers around.

Whatever the terms of the tenancy, they do not entitle the landlord to trespass by entering the tenant's home without permission.

Yes, that's correct.

As with most long threads, they do tend to slightly go off the initial exact questions/issues raised in post#1. In this instance my initial response was given in reply to post#4

littlemissmoney wrote:

You don't have to let the decorators in and you don't have to allow any viewings. You may *choose* to, but it's up to you. I certainly wouldn't let anyone into my home whilst I wasn't there!

This is not exactly true because the tenant does have responsibilities towards the LL, as I posted in post#5 ...and you have now agreed with in post#45

Captain_Mainwaring_2

clutton wrote: »

i had a tenant who refused me access for the CORGI inspection and i was unable to force access into the property for that - on the advice of both the national landlords association and a Specialist solicitor - if i could not force entry for a legally required visit - i sure as heck cannot force entry for repairs other than an obvious emergency such as gas leak.

Quiet Enjoyment over-rides all other rights in LL/T law

I'd call the gas board and get them to isolate the supply. They don't need a warrant to enter in this case. Wait outside, give them the key, then give your tenant notice directly.

clutton_2

Capt M - why does it not surprise me in the slightest that you should post

""I'd call the gas board and get them to isolate the supply"

THIS IS HARRASSMENT AND IS A CRIMINAL OFFENCE and leaves any LL doing this open to immediate arrest.

dont be such a wally

MissMoneypenny

neverdespairgirl wrote: »

I don't think it is statutory - I'm relatively sure it's a common law right.

Yes, you are correct. I just checked and it is common law. Thanks.

It makes little difference to premier though.

Premier_2

MissMoneypenny wrote: »

Yes, you are correct. I just checked and it is common law. Thanks.

It makes little difference to premier though.

Have a look when I thanked neverdispairgirl for the worthy post :rolleyes:

Pls be nice to all MoneySavers.
There's no such thing as a stupid question, and even if you disagree courtesy helps.

MissMoneypenny

Premier wrote: »

Have a look when I thanked neverdispairgirl for the worthy post :rolleyes:

That is exactly what I was referring to when I said it made little difference to you. "Quiet enjoyment" means that you don't have right of entry to your tenants home unless it is an emergency, such as a gas leak.