Is This Legal? UPDATE on page 3.

*qwerty*

pimento wrote: »

Not if it's in block capitals.

You're not really very helpful are you?

I'm here for a simple bit of advice which is - Can my LA insist that it is legal to gain access to my property even if I have said no. Can you answer that?

N79

*qwerty* wrote: »

In fact from what I am reading, it seems that if I really wanted to be awkward then I would never have to let them in and if I do then I can charge them for the privilege- Although I'm not sure on either legality hence why I am here

You would have no basis to charge and if you refuse access for maintainance then your LL could seek a court order for access and you would have no redress if you get gasses / electrocuted etc. Failure to comply with the implied covenant of your tenancy agreement is likely to lead to eviction at the earliest opportunity (the end of any fixed period).

I would suggest that you negotiate a suitable time with the LL and be done with it.

Mouseman

I think that's been answered categorically: NO, no they can't.

Quiet enjoyment is the key phrase for you on this one. You are entitled to it and there's nothing they can do about it. Sounds like the agent is just being an !!!! and assume that you, like most, don't know your rights and that they can rule supreme. Put them in their place and politely tell them that you are more than reasonable, all you ask is that you are given 24hrs written notice (you tell them if email is ok by you) and have YOUR agreement to be in the house (again, make it clear if you are happy with them entering alone or not). If it's a big point, which it sounds like it is, tell them categorically that they MUST NOT enter the premises without your express consent.

I'm interested in the changing the locks thing; are the agents/landlord not allowed to gain entry in case of emergency? If you change the locks and not give them the new key, are you at fault on the rare occassion they need in (and then have to force entry)?

princessamy86

It's not maintenance though people- it's an INSPECTION. OP has already stated she has allowed access for repairs. OP, no you don't have to ever let them in but it is a good idea to so the relationship with your landlord and letting agent remains cordial. However, do it on YOUR terms.

*qwerty*

princessamy86 wrote: »

I think email contact for written notice is a grey area, but I would probably take that as acceptable written notice if I was renting. OP, send an email or ring them and give them some times you would be free. Get them to confirm either by email or letter and then if I was you, I would change the lock barrel (saving the old one to replace when you move out), so they can't just let themselves in.

Thank you princessamy you have been a great help! I did wonder about the email as there is always a chance of never receiving it... I will change the locks today and again put forward that I would like to arrange an appointment- Do you think I should make them aware again that I do not want them allowing themselves in? Although surely it wouldn't matter if I change the locks but it seems to let them think that they know their legal rights which are clearly wrong!

BitterAndTwisted

Qwerty, princessamy86 is absolutely correct: if they would like to do a periodic inspection they are obliged to give you 24 hours notice in writing. You are not obliged to accept whatever appointment they choose to give you, you are fully entitled to deny them and suggest an alternative date and a time which is convenient to you.

They cannot lawfully enter YOUR HOME either when you are there or when you are not without your express permission. Google "quiet enjoyment" or consult the Shelter website for confirmation.

You are not legally obliged to give them access for any periodic inspections whatsoever if you do not want to but I would discourage you from doing this.

You are perfectly entitled to change the barrels of the locks to prevent them letting themselves in if you choose. But you must put them back before you surrender the property, so keep them in a safe place. Changing the barrels can be done by you with a screwdriver and takes about five minutes so you don't need an expensive locksmith to do it for you.

If the agents complain that you have changed the locks the only way they would know you have done that is by unlawfully trying to enter without your permission.

These fools need a lesson in the LL & Tenant Acts. Sod them!

pimento

N79 wrote: »

I would suggest that you negotiate a suitable time with the LL and be done with it.

Innit...

*qwerty*

Thanks again for your replies- I do appreciate it.

Please see that I am not being awkward! I am happy to arrange a time which is what their last email should of been to me (a date and time as I said I can be available most times) but it wasn't, instead it was them telling me that they are LEGALLY allowed to enter my property without my permission!

I have lived here for 2 years and after the 1st letting agent disappeared with our deposit I am a bit sceptical about LA who I now realise aren't qualified!
I have on a monthly basis let the builders etc. in to do repairs on our back bedroom which like I said has ongoing damp and mould problems caused by the radon trays and blocked vents/cavities. Most of these visits have not had any sort of app. and nor have I ever demanded it! My LL has also turned up unannounced too so please don't think that I am being awkward. I simply wanted to state that I am not happy with them telling me that they can LEGALLY let themselves in my home even if I say no.

*qwerty*

BitterAndTwisted wrote: »

Qwerty, princessamy86 is absolutely correct: if they would like to do a periodic inspection they are obliged to give you 24 hours notice in writing. You are not obliged to accept whatever appointment they choose to give you, you are fully entitled to deny them and suggest an alternative date and a time which is convenient to you.

They cannot lawfully enter YOUR HOME either when you are there or when you are not without your express permission. Google "quiet enjoyment" or consult the Shelter website for confirmation.

You are not legally obliged to give them access for any periodic inspections whatsoever if you do not want to but I would discourage you from doing this.

You are perfectly entitled to change the barrels of the locks to prevent them letting themselves in if you choose. But you must put them back before you surrender the property, so keep them in a safe place. Changing the barrels can be done by you with a screwdriver and takes about five minutes so you don't need an expensive locksmith to do it for you.

If the agents complain that you have changed the locks the only way they would know you have done that is by unlawfully trying to enter without your permission.

These fools need a lesson in the LL & Tenant Acts. Sod them!

Thank you so much!

You are not legally obliged to give them access for any periodic inspections whatsoever if you do not want to but I would discourage you from doing this.

I would also just like to say that I would also never consider doing this, I have nothing to hide at all- I fact I am 100% confident that this place is cleaner than what it was when I moved in! Although they wouldn't actually know that as I don't have an inventory with them.

BitterAndTwisted

I would send an email response to these wallys pointing out that you are happy to arrange an appointment which is convenient to you; all they ever needed to do was ask but you do not now, nor will you ever agree for anyone from their firm to let themselves in to your home without your express permission when you are not there

Leave it to them to then look up the appropriate legislation. Imagine how many other tenants they must be terrorising in this way. It's an outrage!