LL right of entry

FireWyrm

Hi All

As some of you may know, I've just bought a house, but I'm still locked into an AST until 27th October. The intention was always that I would babysit the place until the AST was finished while DS and the spuds lived in the new house. The day after we officially moved into our new house, the LL served us with a section 21. I wont bore you with the details, but basically, this is just downright vindictiveness due to an accident I had earlier this year which resulted in some damage to the property which I partially paid to be put right. He offered (what I thought was innocently) to pay the other half. When I think about the timing, it's obvious that he missed the deadline to serve us with a S21 in March so had to agree to a 6 month extension to the AST when we had previously been on yearly. The LA assured me in March that this change was nothing to worry about etc etc. Anyway, I didnt believe them so I went about buying our new property. Turns out, I was right, as evidenced by the S21 in the post last week.

Now, frankly, I'm loath to be particularly co-operative, or to put myself out for this 'person' but it says in the AST that after a S21, I have to give him unrestricted access to the property in order to secure new tenants. At what point in the next 2 months will they have the right to enter the property whenever they feel like it? To my mind, I'm still paying the sodding rent, so it's still mine until Oct 27th. I have always hated the idea of inspections and was unaware that I could refuse them, but it seems that after a S21, there is nothing you can do about it. Is that right?

DVardysShadow

So 2 errors of concept here

• By not meeting the deadline to serve you with the S21 for March, he did not have to give you another 6 months, he could have let the tenancy run periodic and given you notice for April. Worked to your advantage, I imagine - and also to the advantage of the letting agent, who presumably misadvised him that he had to issue another 6 month tenancy, while taking fat fees off both you and him.
• As for the AST giving unrestricted access for viewings after the S21, true enough, it is a contractual right. But your Common Law right to quiet enjoyment trumps this

The standard advice is to change the lock barrel and give him restricted viewing slots which suit you. 2030 to 2130 on Friday and Saturday plus 0800 to 0900 on Sunday would be better than nothing for him.

franklee

FireWyrm wrote: »

To my mind, I'm still paying the sodding rent, so it's still mine until Oct 27th.

Yep that's it.

If he wants unrestricted access then you could ask if he wants to agree to the tenancy ending early but while the tenancy continues you as tenant control who has access and when.

If the tenancy agreement says you should allow viewings in the last two months then I'd agree to a few provided he has given you adequate written notice of the viewing and you agree to the time.

If you think he'll ignore your right to quiet enjoyment of your home then I'd change the barrel of the locks reinstating the originals when you leave. Also I'd be conducting all discussion about viewing times in writing so there can be no misunderstandings and so you can prove what happened should there be any dispute of your deposit return. I take it any deposit is protected in a scheme?

jjlandlord

I guess that if OP's landlord is really keen to get the property back the best option to test that would be for OP to tell him that he'd be happy to surrender the tenancy immediately.

it says in the AST that after a S21, I have to give him unrestricted access to the property in order to secure new tenants

Unrestricted access is not reasonable. Just propose something like only on Saturdays and providing at least 24 notice in writing.
If if's not happy... well, back to the offer to surrender immediately

G_M

jjlandlord wrote: »

Unrestricted access is not reasonable. Just propose something like only on Saturdays and providing at least 24 notice in writing.
If if's not happy... well, back to the offer to surrender immediately

AND change the lock.

may_fair

FireWyrm wrote: »

...I'm still locked into an AST until 27th October.
...it's obvious that he missed the deadline to serve us with a S21 in March so had to agree to a 6 month extension to the AST when we had previously been on yearly.

There's no actual 'deadline' to serve a s.21 notice; it can be served at any time. It is not a notice to quit and does not end the tenancy, and there's no obligation for either the LL or T to agree a renewal fixed term. If no renewal is agreed, and if T doesn't vacate at fixed term expiry, then a statutory periodic tenancy (a.k.a. rolling contract) will automatically arise by law, after fixed term expiry.

Now, frankly, I'm loath to be particularly co-operative, or to put myself out for this 'person' but it says in the AST that after a S21, I have to give him unrestricted access to the property in order to secure new tenants.

This is a contractual right of access retained by the LL and not directly related to the s.21 notice (i.e. a s.21 notice doesn't automatically confer such rights of access). As jjlandlord/DVardysShadow have advised, you need only allow limited access in order to comply with the provision in the contract, and an hour or two per week is enough.

FireWyrm

Thanks very much guys. I slept over there last night in order to begin the cleaning process. DVardysShadow is correct in that he was probably mis-advised. The accident happened in late January and we were due to renew in March. When the renewal papers came through, it was only for 6 months which I queried. I asked outright whether this was a prelude to eviction because my children were settled in the school and I didnt want to move at the drop of a hat. I was assured that this was all nothing to worry about, but it just didnt have the ring of truth and it was the impetus I needed to start the process of securing a new property. It was pure dumb luck that it all completed the day before the S21 landed on my doorstep. I S21 is actually a form and says that I have to sign it and return it. I havnt done so yet since I was busy getting the new house in order, but I'm not sure if this piece of paper is some sort of official document that has to be signed to be valid before the property can be marketted, or just something the LA knocked up on a laser printer.

As for changing the locks, how easy is it to change the locks on a PVC front door...the kind that SafeStyle would put in? Looking at the lock, it seems to be moulded into the door and isnt a standard Yale type that I've always been used to. I dont want to damage it, but it wouldnt suprise me one bit if they simply ignored my instructions.

How should I handle this? Should I send them a letter back with the S21 signed saying that I will only allow viewings on certain days, or should I just turn them away at the door, assuming I'm actually there and they didnt just use the master key by default? Any suggestions?

fozzeh

G_M wrote: »

AND change the lock.

Surely part of the AST would specify that no alterations can be made to property access without prior consent? I've got this quite clear under B12(d) for my tenant to see. And changing them would breach an AST and where would that leave the tenant?

RAS

fozzeh wrote: »

Surely part of the AST would specify that no alterations can be made to property access without prior consent? I've got this quite clear under B12(d) for my tenant to see. And changing them would breach an AST and where would that leave the tenant?

Sorry but that is an unenforceable term.

The tenant can change the lock if they wish during the tenancy, but must replace the original when they leave.

DVardysShadow

FireWyrm wrote: »

... S21 is actually a form and says that I have to sign it and return it. I havnt done so yet since I was busy getting the new house in order, but I'm not sure if this piece of paper is some sort of official document that has to be signed to be valid before the property can be marketted, or just something the LA knocked up on a laser printer.

As for changing the locks, how easy is it to change the locks on a PVC front door...the kind that SafeStyle would put in? Looking at the lock, it seems to be moulded into the door and isnt a standard Yale type that I've always been used to. I dont want to damage it, but it wouldnt suprise me one bit if they simply ignored my instructions.

How should I handle this? Should I send them a letter back with the S21 signed saying that I will only allow viewings on certain days, or should I just turn them away at the door, assuming I'm actually there and they didnt just use the master key by default? Any suggestions?

No need to sign and return the S21.

I expect your lock is a Euro cylinder lock http://www.cheapestlocks.co.uk/Euro-Locks-s/27.htm for examples. There are different lengths, but they are easy to change - they are fixed by a single screw on the edge of the door and hence inaccessible with the door closed.

I suggest to contact the landlord and offer a surrender for whenever you have done the cleaning - for rebate of rent. And if he doesn't bite, then change the lock.

fozzeh

RAS wrote: »

Sorry but that is an unenforceable term.

The tenant can change the lock if they wish during the tenancy, but must replace the original when they leave.

Handy to know :beer:

Any references would be appreciated.