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landlord has key???

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Comments

  • specs_3
    specs_3 Posts: 102 Forumite
    The law does not require everyone to have a rent book.
    The tenants can buy one and ask the landlord to fill it in, but he is under no obligation to do so.
    I am desperate for acceptance, please hit the 'thanks' button.
  • deary65
    deary65 Posts: 818 Forumite
    The possession of a key by the landlord implies a right of entry to which they have no right. What the landlord has, is a right to ask permission to enter which, can be refused and there is nothing the landlord can do. That is the law.

    You should be aware that individuals who front an organization and "advise" you may be:

    wrong
    not tell the whole truth
    give you an answer off the top of their head
    mischievous

    I would go as far and argue that the possession of a key by the landlord is tantamount to harassment. This landlord seems to be a right !!!!!!!
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
  • prudryden
    prudryden Posts: 2,075 Forumite
    You would lose the argument. Smokers have been claiming harassment and violation of the Human Rights Act. Don't seem to be getting anywhere with it.
    FREEDOM IS NOT FREE
  • Rick62
    Rick62 Posts: 989 Forumite
    What has smoking got to do with keys?
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • deary65
    deary65 Posts: 818 Forumite
    If a stranger has a key to my home in theory they could enter at anytime. That would effect the state of my mind and breach my common law right to quit enjoyment. You cannot write the common law out in a contract.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    deary65 wrote:
    If a stranger has a key to my home in theory they could enter at anytime. That would effect the state of my mind and breach my common law right to quit enjoyment. You cannot write the common law out in a contract.

    I suppose one could argue that a tenant can just as well change the locks anyway if they can arrange to be in whenever the landlord is due to visit. After all the landlord won't be using the key if the tenant lets him in and he should not be trying to do so at other times. (I'm sure I know some tenants that do this ;). What is the landlord going to say about it, that he tried to enter without permission but couldn't get in?!
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    If a stranger has a key to my home in theory they could enter at anytime. That would effect the state of my mind and breach my common law right to quit enjoyment. You cannot write the common law out in a contract.


    Effect the state of your mind?

    I don't know what to say.
    Well life is harsh, hug me don't reject me.
  • prudryden
    prudryden Posts: 2,075 Forumite
    deary65 wrote:
    If a stranger has a key to my home in theory they could enter at anytime. That would effect the state of my mind and breach my common law right to quit enjoyment. You cannot write the common law out in a contract.

    You must have a lot of keys floating around with other people.
    FREEDOM IS NOT FREE
  • deary65
    deary65 Posts: 818 Forumite
    thesaint wrote:
    Effect the state of your mind?

    I don't know what to say.
    You need to read O.P.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.
  • RichyRich
    RichyRich Posts: 2,091 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Despite protestations to the contrary, deary65 is right. For the duration of a lease, the tenant has exclusive possession of the property. If the landlord enters without the tenant's permission, he is a trespasser. What the landlord "owns" is a reversion, which means that at the end of the lease the title to the land will revert to him, but during the term of the lease he does not have a right to enter at will. He can, however, enter to effect repairs if the parties so covenant. If a purported "lease" does not give exclusive possession to the tenant, it is not a lease. And since we're quoting sources, I'll be the first on the thread to actually quote some law and say per Lord Templeman in Street v. Mountford (1985), HL.
    #145 Save £12k in 2016 Challenge: £12,062.62/£12,000.00 Beginning Balance: £5,027.78 CHALLENGE MET
    #060 Save £12k in 2017 Challenge: £11,03.70/£12,000.00 Beginning Balance: £12,976.79 Shortfall: £996.30:eek:
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