Landlord wants to 'pop in'

System

RainMaker wrote: »

This is because when you rent a property you are paying for the quiet enjoyment of the property, not assuming the rights of the freeholder during the period that you pay rent.

Agreed.

As student tenants we were told by the EA that LL had right to visit to check current condition of property with 24 hour notice. Maybe it was because we were students , but I didn't care. OP, I don't know what gives you the impression that he's going to want to snoop around your things anyway?

I don't think paying rent gives us the right to refuse the LL entry to his own property.

franklee

candyflossing wrote: »

Agreed.

As student tenants we were told by the EA that LL had right to visit to check current condition of property with 24 hour notice. Maybe it was because we were students , but I didn't care. OP, I don't know what gives you the impression that he's going to want to snoop around your things anyway?

I don't think paying rent gives us the right to refuse the LL entry to his own property.

I've read a lot of rubbish on this forum but believing something just because it was told you by an Estate Agent has to be one of the funniest. (I think you will find that EA's are quite capable of either being incompetent or outright liars when it suits). What next, I expect you believe everything they write in property ads too?

A tenant has the right to refuse entry if they wish. Although I'd recommend agreeing a mutually convenient appointment for a reasonable number of inspections and repairs not for the landlord popping in to collect things :rolleyes:

Geenie

I am confused!! The OP states that they agreed that he could store a few things (bed linen, kitchen utensils etc. in the store cupboard. in a previous post!

So if he is now asking to come in and get those things I can't see what the problem is! Especially because he is giving notice to do so. I would think he is within legal rights.

TrickyNiki

I dont think the OP has a problem with the landlord picking up his things, They just want to be there when he does.

I think this is reasonable as it is now their home. They are not stopping him from coming, I personally would not like someone in my house (annouced or not) without myself or my partner there.

tbs624

"Originally Posted by tbs624
There is an implied covenant in a tenancy agreement that a LL may enter the property upon giving a minimum of 24 hours notice but that is only for the purpose of checking the condition of the property and complying with his/her repairing obligations under S11 of the LL & T Act 1985. It is reasonable for a T to say that they want any visit ( including the repairs/inspection ones) to be at a time that is mutually convenient"

barnaby-bear wrote: »

No there isn't - there is statutory right to quiet enjoyment which was even upheld when a tenant refused access for the gas safety to be done (nutter). The tenant can refuse inspections with or without the LL there, of couse the LL can give notice.

My highlighting - (netiquette to indicate btw when you alter someone else's post in any way )

Always best to check before being so adamant - it may help you to see it verbatim BBear - Landlord and Tenant Act 1985 S11(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."

This is separate to, but not negated by, the implied covenant from the LL that the T shall have quiet enjoyment of the property - as I said before, perfectly reasonable for any visit to be agreed for a mutually convenient time.

In the OP's case the visit is to access items belonging to the LL: having agreed to the LL storing them at the property during the tenancy there was always the possibility that s/he'd want access & it would be daft to simply refuse that..

tbs624

candyflossing wrote: »

......As student tenants we were told by the EA that LL had right to visit to check current condition of property with 24 hour notice......

franklee wrote: »

I've read a lot of rubbish on this forum but believing something just because it was told you by an Estate Agent has to be one of the funniest.................

A tenant has the right to refuse entry if they wish. Although I'd recommend agreeing a mutually convenient appointment for a reasonable number of inspections and repairs not for the landlord popping in to collect things :rolleyes:

See my post above - on this occasion the EA has almost got it right, if they allow for that all important "reasonable" bit. Any T who refuses access full stop will find themselves in difficulty over any outstanding repairs, & may end up with deductions from their deposit if damage due repairs issues were exacerbated by not being reported/available to be inspected.

Bit of a diversion from what the OP is actually asking about but sorry folks you can't pick *which* implied covenants you want to make use of.......;)

franklee

tbs624 wrote: »

See my post above - on this occasion the EA has almost got it right, if they allow for that all important "reasonable" bit. Any T who refuses access full stop will find themselves in difficulty over any outstanding repairs, & may end up with deductions from their deposit if damage due repairs issues were exacerbated by not being reported/available to be inspected.

Bit of a diversion from what the OP is actually asking about but sorry folks you can't pick *which* implied covenants you want to make use of.......;)

Well obviously you overlooked the I'd recommend agreeing a mutually convenient appointment for a reasonable number of inspections and repairs in my post even though you quoted it

You also overlooked the bit I disagreed with candyflossing on which I'd put in bold in the quote. The tenant does NOT have to let the landlord in with 24 hour notice if that date is inconvenient the tenant is perfectly within their rights to refuse that date. If they do so and arrange another mutually convenient date then they are fine. A 24 hour notice is not a passport in so the landlord does not have a right to visit after giving that notice, the tenant can refuse.

franklee

tbs624 wrote: »

In the OP's case the visit is to access items belonging to the LL: having agreed to the LL storing them at the property during the tenancy there was always the possibility that s/he'd want access & it would be daft to simply refuse that..

The OP isn't simply refusing, they have offered various dates and times, it's the landlord who has only offered one date/time (the time he travels past). Hardly reasonable.

Neither is the tenant's worry about the landlord collecting his items. It was the landlord's choice/risk to leave them and the tenant was kind to agree. That doesn't come with any responsibly to let the landlord collect, it's not even obvious he'd wish to at all.

I'd drop them off somewhere the landlord can collect from, the agent perhaps or the garage. I'd also suggest he collects them all otherwise this popping in for more items may get to be a pain, the OP's only been in a month as it is.

pinkshoes

To the OP:

If the LL still insists on a day time visit, then write back politely pointing out that him entering the property without you being present would invalidate the insurance, therefore you cannot allow it. Re-iterate that he is more than welcome to arrange a time after 6pm or at weekends to collect his belongings, or arrange for someone else to collect them on his behalf during this hours.

TDS_2

Seems to be a little confusion.

First off, we've not refused access, simply asked LL to come outside working hours. Second, we have no problem with him storing a few personal items nor picking those items up; we simply ask that he comes round at a time that we are in.

I've rented a few places over the past few years, and there are LLs and LAs that I would allow access to w/o being there myself. For some reason, I'm more wary of our current LL, and am not happy to let him wander around w/o one of us there. LL or not, this guy is still essentially a stranger.

It doesn't help that he appears to think that it is his right to enter the property whenever he wishes. I understand that it is his property, but it is also our home.