LL entering when your out?

JoRoss

My LL has just called me to say he will be "popping" round on Friday with his "plumber" to do the safety checks on the boiler and check something else.

When I said I might not be in he said "I will be coming anyway" " we are doing the whole area" "it doesnt matter if you are not there.

Is he allowed to do that?

princeofpounds

No. But yes.

A LL is supposed to give you 24hrs notice in writing of any planned entry.

You can deny him permission to enter on the grounds of 'quiet enjoyment', in which case he is not supposed to do so. However, unless he causes loss or damage, or the conduct is tantamount to harrassment (unlikely for simple entry to do normal checks) then there is no penalty, civil or criminal.

Your defence therefore is to change the locks, or more normally the lock barrels, which is cheaper and can be done by any moderately handy person. Retain the original locks to replace when you leave.

If the LL is upset with this, he can in theory apply to court for a court order to meet his safety and repairing obligations under section 11. You would then have to let him in again, but of course you wouldn't be denying him any entry, only specifying that he must arrange it with you by agreement.

A LL can break in at any point for a genuine emergency (fire, flood, gas leak). Breaking in without a genuine emergency can carry penalties.

A LL can terminate your tenancy at the end of a fixed period for no reason if they are upset with you for 'being difficult', even if you are just being reasonable.

Of course the best course of action is a sensible negotiation that gives you quiet enjoyment but respect's your landlord's obligations. However, it's clear that this landlord is not sensible and has a bad attitude.

jjlandlord

princeofpounds wrote: »

However, unless he causes loss or damage, or the conduct is tantamount to harrassment (unlikely for simple entry to do normal checks) then there is no penalty, civil or criminal.

This is not so clear-cut. If the landlord's conduct amounts to trespass, he could be in trouble as that'd be a criminal offence.

In the present case, LL seems to wish to carry out maintenance and has given notice, so in OP's shoes I'd try to be flexible.

princeofpounds

If the landlord's conduct amounts to trespass, he could be in trouble as that'd be a criminal offence

IIRC, trespass is NOT a criminal offence. A common misconception. If there are no damages, you can't claim for a civil offence either, therefore no penalty.

Aggravated trespass is another matter. So is breach of the peace, in which trespass can be a factor.

In the present case, LL seems to wish to carry out maintenance and has given notice, so in OP's shoes I'd try to be flexible

I agree, but he LL has a bad attitude and has not shown any flexibility in return. Tenants should never have to let someone in unsupervised if they do not wish to.

PasturesNew

jjlandlord wrote: »

..in OP's shoes I'd try to be flexible.

Flexibility is a 2-way street. LL should have let the tenant know that they'd usually visit all their places on the same day/s, when that might be, that the LL was happy to let themselves in if the tenant wasn't about, in order to enable the tenant to be flexible.

What if the OP had been on a 1-2 week holiday, or in hospital, or something ... and would have wanted to clear away their bondage-wear before the date?

Cheeky_Monkey

I would have thought that a safety check on a boiler was sufficiently important for the OP to either make sure they're at home or possibly arrange for someone else to be there if they're that bothered about them being there unsupervised.

The LL has given sufficient notice, albeit not in writing. As they are doing a whole area, I doubt the LL would be too keen on having to call the gas engineer out again to accommodate one tenant.

Having said that, the OP could ask the LL to give them a more specific timeframe rather than have to possibly wait in all day.

I just think that it's in the OP's best interests to get the boiler checked, better safe than sorry and all that.

theartfullodger

Think in OP's shoes I'd let the gas safety check get done - and get the certificate...(I'd prefer to avoid CO death..) then change the locks (keep old one to put back when OP leaves..) and wait for 'phone to ring in a few month's time when LL finds Tenant has exercised T's absolute right..

btw Think in Scotland law on entry is more in favour of LLs..OP, you're not in Scotland are you??

PS Is this a private landlord - not a Council or Housing Assoc???

KateLiana27

He doesn't have a legal right to without giving you advance notice in writing. So no, you don't HAVE to let him enter.

However, I've always had this sort of arrangement with my landlords. I help them out (let them have access at short phone-call notice even if I'm not in, allow viewers towards the end of my tenancy), and in return they help me out (doing repairs quickly when they're needed, even accepting deliveries when I'm not there) because I've been flexible. I've always got my full deposit back even when it would have been within their rights to withhold some of it.

If your landlord is basically a good sort and you're on decent terms, I'd be inclined to accommodate him.

G_M

Legal answer as above. You can deny him access. If you plan to do so, put it in writing. And yes, if you fear he will ignore you, change the lock. Easy - here's how.

The LL can, of course, get a court order. He would probobly succeed as doing the annual gas safety check is a legal requirement on him.

OK - that's the law bit. On a more practical note, try to compromise. I know he sounds unreasonable, and uncompromising, but try. It is, after all, in your interests to have the check done.

Get a 1st class letter in the post tomorrow, thanking him for arranging the GSC, but saying you would feel more comfortable being there when it is done. And Friday is not possible. Offer an alteranative date or dates. Or suggest he ask the plumber (gasSafe engineer I hope!) to ring you to arrange a mutually acceptable date.

As a back-up, change the lock between now and Friday.

jjlandlord

G_M wrote: »

The LL can, of course, get a court order. He would probobly succeed as doing the annual gas safety check is a legal requirement on him.

Does anyone know a LL who actually tried to get a court order?

If going to court, seems more economical to directly seek eviction as soon as possible.

Re gas safety check:
I believe that if T continuously refuses access LL has a watertight defence for not having carried out the gas safety check.

poorlittlefish

If you are unable to be there, do you have a trusted friend or relative who could be present on your behalf? Maybe the landlord could call when he's on his way so your friend/relative doesn't have to hang around the place all day.