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Landlord gave 1 hour notice to enter while I was at work.
Comments
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Snakeeyes21 wrote: »What a load of c**p a landlord doesnt have the *right* to enter your home even if they have given notice, except in an emergency.
Absolute rubbish. There are many rights of the landlord in a tenancy agreement. Remember at the end of the day it's not the Tenants house, and the LL has the right to inpect and enter provided notice is given.
Quoting from our TA
4.3.10 Permit the Landlord and or his agents or others, after giving 48 hours written Notice and at reasonable hours of the daytime, to enter the Property:
4.3.10.1 to view the state and condition and to execute repairs and other works upon the Property or other properties.
4.3.10.2 to show prospective purchasers the Property at all times during the Term and to erect a board to indicate that the Property is for sale.
4.3.10.3 to show prospective tenants the Property, during the last two months of the Term and to erect a board to indicate that the Property is to let.
4.3.11 Where the Landlord or the Landlord’s Agent have served a valid written Notice of the need to enter to view the state and condition or to effect repairs, the Tenant agrees to them using their keys to gain access within three days of such a request being made, (except in case of emergency when access shall be immediate), if the Tenant is unable to grant access to the Landlord or the Landlord’s Agent.
4.3.13 Not change the locks (or install additional locks) to any doors in the dwelling house, nor make additional keys for the locks without the Landlord’s consent, which will not be unreasonably withheld. All keys are to be returned to the Landlord or the Landlord’s Agent at the end of the tenancy.
In fact notice has to be given it, does not have to be acknowledged by the tenant. If the LL or LA write saying they want to visit in 2 days time, and you've gone on holiday the day they send it, that still valid. Notice has been served and they have the right to go in whilst you are away.
As I said I think an hours notice is way too short, as you can see ours is 48 hours (except emergency).
Look at it another way if your on holiday, there's a burst pipe and a neighbour phones the LA, they get there and find you've changed the lock, and more damaged is done to get in, (be that to the doors / locks ir jsut the flood damaged getting worse as the water pours out). In that case the LL would have more than sufficient grounds to sue you for the *ENTIRE* cost of making good on the ground the emergency keys would not work, and you'd changed the locks to prevent emergency access.
Contracts exist for a reason, they balance both parties rights and needs, as I said changing the locks alone would be grounds to terminate a tenancy, so you need to read the agreement before changing locks.0 -
Definately write a letter complaining, you were virtually harrassed into leaving work by the 'its ok the LL will let himself in' bit - bang out of order and I'm sure no one in the LA or the LL himself would want you walking around their homes at 1 hours notice.
Insist that from now on you have at least the notice on your contract and that it should be noted on your file this needs to be out of office hours unless longer notice is given preferable in writing.
I would be tempted to add that further disruption to your working hours will be re-charged to them at £50 per hour to cover your loss of earnings.0 -
The behaviour of your Landlord is disgraceful & inexcuseable: Maybe contact local council Private Landlord dept (or similar name??)
see for further advice...
http://www.nwleicestershire.gov.uk/housing_futures/documents/tackling_harrassment_050508.pdf
and in particular
http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction/what_counts_as_harassment
- e.g.write to her/him, saying if the harassment continues you will take legal action
Cheers!
Lodger (Landlord..)0 -
gjchester stated, no doubt believing it to be true & in good faith...and the LL has the right to inpect and enter provided notice is given.
Any tenant is entirely at liberty to write refusing all visits from anyone, without his prior permission being granted, in advance, and in writing. He can refuse all visits when asked.
Clearly in those circumstances if any repairs were needed the LL's responsibility to carry them out would be placed on hold.
Don't believe me?? Try it, end up in court & see what the judge says...
Cheers!
Lodger (landlord since 2000)0 -
Absolute rubbish. There are many rights of the landlord in a tenancy agreement. Remember at the end of the day it's not the Tenants house, and the LL has the right to inpect and enter provided notice is given.
Quoting from our TA
4.3.10 Permit the Landlord and or his agents or others, after giving 48 hours written Notice and at reasonable hours of the daytime, to enter the Property:
Just because something's written in a contract that's been signed by all relevant parties does not mean it's legally binding . . . it may be the LL's house, but it's the tenant's home, and the law is quite clear about this. LLs, EAs (or anybody else) cannot "contract" themselves out of statute law.0 -
It amazes me how some people can become landlords without knowing their and their tenants rights.
this is why we should have a nationwide register for landlords with some type of exam to be sure every LL knows what they are doing.
its this small number of 'bad' landlords who think they can swan around doing what they like, that ruin it for all the decent honest landlords out there.
once a tenant has had an experience of bad landlord they are cautious of every future landlord.0 -
From your post I see that you really like the house. Is it worth rocking the boat? What exactly are you going to complain about in your letter?
The situation as I see it seems quite innocent. The landlord was next door and wanted to pop in. The agents where good enough to ring you and the landlord was good enough not to just let himself in rather without your knowlege.
If they ring again and you dont want him in then say no and mean it. In this situation you obviously didnt. I wouldnt be looking to damage the relationship by 'complaining' unless this happens again.
I would disagree with the tone of the majority of 'disgraceful' and 'how dear he' posts above. Changing the locks is certainly completley inappropriate in the cirrcumstances you describe.
If you really dont want someone in, you must make it clear, which is obviously not the situation here as you rushed home to cordically great your landlords check of the meters before THEN allowing him to inspect the house!
Say no and mean no. If thats ignored then it becomes disgusting and disgraceful and you should change the locks.0 -
chewmylegoff wrote: »personally i wouldn't be too confrontational about it.
i would just write a letter to the landlord, cc'd to the agent, saying that
(i) you complied with his request this time, even though you didn't have to according to the contract, as you wanted to be as helpful as possible; and
(ii) in future, he should give you proper notice in accordance with the contract, and that it is unlikely that due to your work he will be able to gain access during normal office hours, except in case of emergency.
Chewmylegoff has the right attitude and advice. I wouldn't start getting bolshy with the LL as they have allowed you to have a dog in the flat, which is great going by threads on here. That said, send the letter as advised above in a polite tone, that you expect to be given ample notice if the LL or their agents want to enter the property in future, and that you are abiding by the rules of the AST, and expect them to do the same.
I would quote the line word for word on the AST, so they are made aware you know your rights.
24 hours should be the least notice given, but 48 is more appropriate except in a really dire emergency. Reading the meter and having a nosey around is not an emergency in my books, but the LL was probably checking on the dog situation. Good luck OP.
"Life is difficult. Life is a series of problems. What makes life difficult is that the process of confronting and solving problems is a painful one." M Scott Peck. The Road Less Travelled.0 -
OP says "" he'd like to come in at about 10.30 today to check the electricity meter, as he has had an issue with some bills - this electricity issue was sorted out last month by my other half.""
its my experience as a LL of 10 years that utility handovers are fraught with danger, difficulty and confusion.
the preceding tenant may well have "mis-read/under-read" the meter readings, in which case the LL then gets a huge bill for the intervening short void period - and a current and accurate meter reading needs to be provided to the utility company to ascertain exactly what the state of play is
i had one property utility issues drag on for nearly a year before it got sorted out
this could be the explanation
i would do the softly softly casual conversation approach with your landlord about future access and maintain good relations with him0 -
I can see your point exactly on this one, mainly regarding your pet. I have a cat. shes a house cat as we are in a flat at present, on a busy main road, my TA states they have to give permission and thankfully as I'm with a big company I've never had any trouble and they have always abided by giving me notice if they need to come in. I think your best bet is to write a poliete letter stating that you felt backed into a corner and had to leave work to enable your pet was safe. And state the clause in your TA that asks for the LL or LA to give notice. You are only being a good tenant at the end of the day, you uphold your part of the agreement so they should uphold theirs!0
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