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Can I enter????

2

Comments

  • dodger1
    dodger1 Posts: 4,579 Forumite
    G_M wrote: »
    1) you must inform the tenants before going in. And if they tell you they don't want you on that day, or that time, or that week, or ever, you canNOT just ignore them.

    What can a LL do if the tenant simply doesn't reply to a request to look at a problem.
    It's someone else's fault.
  • theartfullodger
    theartfullodger Posts: 15,963 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dodger1 wrote: »
    What can a LL do if the tenant simply doesn't reply to a request to look at a problem.

    Either get a court order for access- tenant may back down before court date - or issue s21 or s8 notice, evict & then inspect.

    It is the tenant's home, the tenant's property, merely the landlord's investment.

    Cheers!!
  • dodger1
    dodger1 Posts: 4,579 Forumite
    Either get a court order for access- tenant may back down before court date - or issue s21 or s8 notice, evict & then inspect.

    It is the tenant's home, the tenant's property, merely the landlord's investment.

    Cheers!!

    As a tenant (a good one;)) that I appreciate, was just curious.
    It's someone else's fault.
  • DannyboyMidlands
    DannyboyMidlands Posts: 1,880 Forumite
    Leave them alone. Of course you can't just go in without the tenants consent. If the bathroom doesn't have adequate ventilation, it's not their fault.

    Why are you even skulking around outside anyway?
  • tbs624
    tbs624 Posts: 10,816 Forumite
    I really want to get this done as it does not look nice [ as I am concerned for my T's health and would like to able to address any maint/repairs issues which may have helped to create the problem ] someone has told me as long as I give the tenants 24 hours notice I can enter the property whether I get there consent or not. To me this does not sound right and I would not like this, however we are putting the house on the market soon and I want to get it done as it looks so bad.
    .
    My wording in red.

    As others have said, you should not be entering the property without the T's consent.

    You will need the T's co-operation if you want to show potential buyers round too.

    Did the T pay you a tenancy deposit btw? Have you scheme registered it and can you prove that you gave the T the scheme's prescribed information? If no ( assuming property is in Eng/Wales) then you will not be able to serve a S21 notice of intention to repossess.

    You could give the T information on how to deal with condensation and perhaps offer the use of a dehumidifer to help matters improve.

    As others have suggested your best option is really to bring the tenancy to an end and *then* try to sell. T does not have to go until a valid s21 has been served followed by a court order for repossession and bailiff action if necessary
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    You also seem to have gone back on your promise you made here to him, to not enter without his prior consent... (ie meet your legal obligations...)

    https://forums.moneysavingexpert.com/discussion/comment/52850583#Comment_52850583

    As he is also on his 2 months notice, given by him, why are you snooping around the property and going in, and worrying he won't let you paint the bathroom?
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 19 May 2012 at 10:00AM
    to not enter without his prior consent... (ie meet your legal obligations...)

    Prior consent can exist by the terms of the contract...

    All tenancy agreements have an implied clause that the landlord has the right to enter for specific purposes by giving 24 hour notice.
    This is consent.

    If tenant expressly replies that he refuses entry after getting notice, the landlord would be unwise to ignore it.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    More background to this tenancy at forums.moneysavingexpert.com/showthread.php?t=3934249
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    Have I missed something here?

    Where does it say the OP barged in unnannounced without permission of the tenant to view the damage? Whilst OP has not explained the circumstances for their visit and the susbequent cleaning of the mould/damp, there seems to be a lot of assumptions that they've been snooping around and entering without permission.

    Anyone point me in the direction where this has arisen, as so far I cannot seen why OP is being chastised so much for something they may not actually have done!
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Some of the respond posts ( including my own) are clearly answering this from the OP
    ..someone has told me as long as I give the tenants 24 hours notice I can enter the property whether I get there consent or not.
    OP does also say that "it does not sound right" which should counter the phrasing of the first part of that post, which is of course open to individual interpetation in the absence of confirmation from the OP, one way or the other
This discussion has been closed.
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