Can they legally just walk in?

nikki2804

Hi, im not sure if this is the correct thread or not. Apologies if not.

Im currently renting a property (hopefully have my own house deposit together soonish) and when I was handed the keys and signed the paperwork they advised they would be out to inspect the property every 3 months. I agreed to this - no problems.

3 months passed and no visit. They have now (after 5 months) sent a letter stating they are coming for a visit (fair enough) but have stated basically that if i am not in then they will just enter the house and inspect it themselves!!! I contacted them and said either they need to change the date or allocated timeslot as ive got to take my wee boy for his immunisations that day and was told no.

Now im not happy for them to access the house when im not there, for one i want to point out all the faults that theyve yet to fix! Also I have a fair wee bit of cash stashed away (bad i know - should be in a bank) and other valuables in the house. Now i know its unlikely but what happens if i get a rogue inspector who fancies helping himself when im not there? Idhave no proof to back it up.

So my question is...can they legally enter without my consent. My tenancy agreement states that they can only enter in an emergency i.e flooding or gas leak.

poppysarah

You have the right to be there. Ask them to re-arrange the time so you can.

Pepzofio

Inform them in writing that you do NOT give consent for them to enter the property in your absence. They have no right to enter your home without express permission, as this is not a gas leak or emergency.

princeofpounds

As stated above, they have no right to enter a property - the tenant has a right to 'quiet enjoyment' (the legal phrase). This can only be overcome in the case of emergencies (i.e. gas or water leak).

However, if they do enter, it is not a crime, merely a civil dispute. And to punish someone for that you need to go to court and sue for damages. An important point for damages is proving some kind of loss, so if they haven't damaged anything, you aren't really going to get anything. Only on a very repeated basis would it become anything like harrassment.

Just so you know how you stand in detail.

So what to do? If you want complete security you can change the lock barrel. But hopefully they will just respect your wishes and as long as you offer an alternative they will probably be perfectly reasonable.