Potentially about to sign new tenancy agreement with slightly eccentric landlord...

lizzielondon

Hi everyone

We are about to potentially sign a new tenenacy agreement for a new property (4 sharers)

The landlord seems very particular about things insisting on seeing 3 months of bank statements aswell as the usual work & previous landlord references. We're fine with this because the property is lovely and we don't want to lose it.

He doesn't have a great relationship with the current tenants and after speaking to them seperately i understand there are two sides to every story but he does seem to think he can wander in whenever he feels like it and has told them he can 'legally show anyone who wants to around the property in the last two months of the tenancy'.

Now.. I understand from here that the right to quiet enjoyment and the protection from eviction act means this isn't the case... but i wanted to check that this is the case even if we sign a contract agreeing to this?

I don't in any way want to be unreasonable, but am wary of his relationship with his existing tenants


Thanks so much for any advice you can give!


Lizzie

Yorkie1

Going by relatively recent threads, you will receive a variety of opinions on this question!

A LL can access the property at any time without notice in an emergency.

A LL also has the right to inspect the property to check whether thre are repairs needed under the repairing obligations on reasonable notice (generally thought to be 24 hours and in writing).

Set against that is the right to quiet enjoyment, which means that the T can refuse all access unless and until a court grants the LL the right to access.

The general view on here is that irrespective of the contract terms, you can tell the LL that he cannot simply wander round at any time - and can change the locks to enforce this. Most people are advised to reach an agreement with the LL if possible whereby there e.g. are set times for viewings - and agreement about whether the T wishes to be present or not.

G_M

lizzielondon wrote: »

Hi everyone

..The landlord seems very particular about things insisting on seeing 3 months of bank statements aswell as the usual work & previous landlord references. Nothing 'particular' or eccentric here - it's cautious common sense. We're fine with this because the property is lovely and we don't want to lose it.

He doesn't have a great relationship with the current tenants and after speaking to them seperately i understand there are two sides to every story indeed but he does seem to think he can wander in whenever he feels like it and has told them he can 'legally show anyone who wants to around the property in the last two months of the tenancy'. See Q below

Lizzie

4 sharers

Are the 4 of you signing a single "joint and several" tenancy, or seperate ones each?

If joint, do you know/trust each other well? Are you aware of the liabilities to each other?

If separate, the LL can access common areas whenever he wishes.

Yorkie has given good advice. There is discussion here about the conflicting rights of landlords to enter, and tenants rights to prohibit access.

But basically I see no reason not to take this tenancy, and then ensure you take sensible steps to protect yourves (receipts, deposit registration, written instructions re access etc)

lizzielondon

Yes joint, I'm aware of the differences with hmos. I just wanted to check whether or not I have to agree to visits within the last two months or whenever if they're not convenient

marliepanda

lizzielondon wrote: »

Yes joint, I'm aware of the differences with hmos. I just wanted to check whether or not I have to agree to visits within the last two months or whenever if they're not convenient

No you don't. You are paying rent and you can stop him entering. If in doubt, you can change the locks for the last 2 months (as you will be leaving anyway and no landlord with a brain will force a lock to gain entry)

lizzielondon

And when I said particular im not just talking about the referencing, as I said above we are ok with this.

Im sure it is common sense, however I have rented for 6 years with four different tenancies and gave never been asked to provide this info.

dimbo61

Its a funny world where a university run housing office tells students about " quiet enjoyment" but then wants landlords to advertize with them 2 weeks after the uni term starts in september.
Yes you read it right LL,s pay for 6 months advertizing period from 1-10-12 until 31-03-2013 and you pay the same if you put the advert in on the 1st October or 1st of December.
So new students move in and 2 weeks later the property is up for Let for next september.
Now the next set of tenants want to view the property and the current students dont want strangers walking through there home so how do you solve this ( answers on a piece of paper please)
Most students have sorted there next years accommadation within 3 months of starting uni.
Its abit of give and take and a good landlord looks after his/her tanants and they in turn are happy to allow viewings

marliepanda

I agree, there is nothing wrong with a bit of give and take.

However, the OP states the landlord has said the legally he can come in whenever he likes during the last 2 months. That is simply not true, who would pay full rent for someone to come in and out of their house at a moments notice? (or even 24 hours notice!)

Been there and done that with student housing. Woke up to a LA and 3 prospective new tenants in my bedroom. Interesting. The deadbolt was on my door from then on in.

dimbo61

I always contact my tenats ( students ) and ask permission if its ok to show new students( maybe tenants ) around in late afternoon/early evening when students are home.
24 hours notice at least and show them the main areas ie Kitchen, living room and bathroom.
Locks on bedroom doors and ONLY if tenants happy to show size of bedroom they can invite them in.
More rules than ever EPC, Gas safety cert, electrical instalation/check cert, PAT testing, and now drawings of floor plans and layout needed

jjlandlord

lizzielondon wrote: »

think he can wander in whenever he feels like it and has told them he can 'legally show anyone who wants to around the property in the last two months of the tenancy'.

Now.. I understand from here that the right to quiet enjoyment and the protection from eviction act means this isn't the case...

Protection from Eviction Act 1977 would only apply to illegal eviction and harassment to force tenant to leave. So a priori not relevant to this issue.

Covenant of quiet enjoyment does not mean that landlord may not reserve (reasonable) rights of access.

So, first thing would be to check what the tenancy agreement states regarding landlord rights of access for viewings to prospective tenants.
Even if there is such a clause, landlord would have to be reasonable and avoid disturbing tenants.

Whatever the agreement says, in practice if tenant prevents access e.g. by changing locks, there's little the landlord can do, as trying to convince a court to grant an injunction would probably not be worth the effort or be complete within the necessary time frame.

Yorkie1 wrote: »

(generally thought to be 24 hours and in writing).

More than "generally thought", statute