landlord rights

julieanne13 · 24 July 2010 at 11:15AM

hi :-) my freind rents his house to a young family he has seen things left in the garden and the house looks "wrong" he has asked three times now for a house inspection and they ignor his calls and his letters. he belives the house is being wrecked but even though he has a key he dare not enter, what should he do? thanks julie

lynzpower · 24 July 2010 at 11:20AM

Why is he passing judgement on whats in the garden? Not really his business, leave the tenants to the quiet enjoyment of the property and stop doing the nosey drive-bys, hes not helping himself!

mynameisdave · 24 July 2010 at 11:25AM

He can only enter the property without permission for emergency repairs. An inspection is not such. If he were to try it it could be considered harrassment as lynzpower says "quiet enjoyment" is the key here.

They don't have to let him in at all, if they so wish.

Wee_Willy_Harris · 24 July 2010 at 11:37AM

julieanne13 wrote: »

hi :-) my freind rents his house to a young family he has seen things left in the garden and the house looks "wrong" he has asked three times now for a house inspection and they ignor his calls and his letters. he belives the house is being wrecked but even though he has a key he dare not enter, what should he do? thanks julie

There are only 3 ways he will be able to enter the property:
1. With the tenants consent.
2. In the case of an immediate emergency.
3. With a court order.

Anything else may be deemed harassment.

Of course, if he believes his tenants are causing damage to the property or not behaving in a manner he finds acceptable, he is also perfectly at liberty to serve them with a Section 21 notice. (Or even a Section 8 if he feels that to be appropriate).

However, this might be a good time to suggest he joins a reputable landlord organisation who may be able to offer him advice/assistance to resolve the issue.

tbs624 · 24 July 2010 at 11:38AM

Agree with comments above. However, your friend should perhaps write to the Ts saying that he wishes to inspect the property so as to be able to comply with his LL obligations on repairs and maintenance. He can quote the relevant statute clause: LL &T Act 1985 s11(6)

(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.

and aim to fix a mutually convenient time and date.However, if the T refuses access then your friend would have the option of obtaining a court order. He absolutely should not use his key to gain access, without the T's consent. Under the tenancy agreement your friend has granted the Ts "exclusive occupation" and needs to avoid action which could be construed as tenant harassment.

If the T continues to refuse access, your friend has the option of giving the T appropriate notice of intention to repossess the property at the earliest possible date.

Ste_C · 24 July 2010 at 11:45AM

lynzpower wrote: »

Why is he passing judgement on whats in the garden? Not really his business, leave the tenants to the quiet enjoyment of the property and stop doing the nosey drive-bys, hes not helping himself!

It is his business, its his property and if it looks messy and untidy he's every right to want to have a word.

julieanne13 · 24 July 2010 at 11:49AM

he isnt being nosy his mate lives in the same culdisac - last month the bath panel was in the garden this week kitchen cupboard doors. the house was immaculate when they moved in and this upset him greatly. he rang and they picked up and when he said who it was they hung up. so he wrote to them asking if he could do a property check to make sure his maintence was not getting behind. they have now not replyed to 2 letters. tenents surely do not have the right to take doors off and panels off? and dose he just have to stand by and watch?

lynzpower · 24 July 2010 at 11:54AM

He does really, yes.

It wasnt clear what was in the garden but if it is his fittings that is not so good.

As TBS says, he can gain entry using a court order, so he should take advice on how to do that.

julieanne13 · 24 July 2010 at 11:57AM

he is not a regular landlord it was his mums house and he rented it to a frends daughter so he did get them to sign an agreement he printed off the net but he isnt with an agency. so how dose he go about going to court?