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Difficulty arranging viewing
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My AST has a paragraph that states if we change the locks we have to get keys made for the LA and LL. Is that not legally enforceable?
It's not quite as straight forward as "no it isn't" as it depends on the reason for the LL holding the key. If it is purely for emergency use then its quite possible this would be acceptable to a court - remember the LL does have certain responsibilities with the property around has, electric, water and drainage. It's all about whether the tenant's right to quiet enjoyment is infringed. There mere retention of a key, as long as the tenant knows about it, doesn't automatically infringe that right.
Most of my previous landlords have held keys which I didn't have an issue with apart from one who it turned out had been letting himself in when he knew we were out to "check on the state of his property". He shot himself in the foot though because he became very nasty when I moved out trying to claim all sorts of damage, his little visits came to light and I immediately threatened him with court action for infringement of my right of quiet enjoyment and thus breach of my lease, backed up by the letting agents who were appalled and told him they would no longer work with him.
To the OP, it might just be that the time was difficult for the tenants or they are upset at having to move or simply that they don't like the idea of someone coming into their home. However, their tenancy may well include a clause stating they must allow viewings once notice has been given by either party on the tenancy (mine usually did). If so then its down to the LL to enforce that on them. Either way this sounds like one to steer clear of unless you don't mind waiting a potentially long time if the current tenants resist the eviction.I don't like chick flicks, I get grazed knuckles doing my own car repairs and I ride a massive cruiser motorbike. To many this makes me a bloke in disguise but to my husband this makes me perfect
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It's not quite as straight forward as "no it isn't" as it depends on the reason for the LL holding the key. If it is purely for emergency use then its quite possible this would be acceptable to a court - remember the LL does have certain responsibilities with the property around has, electric, water and drainage. It's all about whether the tenant's right to quiet enjoyment is infringed. There mere retention of a key, as long as the tenant knows about it, doesn't automatically infringe that right.
Retention of a key, which is what you are talking about, is not a problem.
Acquisition of a key, which is what is being discussed, when the tenant has changed the locks is indeed unenforceable.
Courts will order access for a LL to meet their obligations and to inspect on a reasonable basis. But that does not necessarily mean (and indeed is highly unlikely to mean) ordering the permanent acquisition of a working key.0 -
If the tenants are kicking up a fuss about viewings, I would understand it. The last flat I lived in (I had been there for years and considered it my home) I was given notice on as my Landlord was selling up. I constantly had the Agent on the phone to arrange viewings, I tried to be as accommodating as possible, but there were so many viewings - sometimes it was twice a day! Plus with the possibility that the Agent may have put their noise out of joint over it (at the beginning the Agents selling my flat weren't even giving me notice, that then changed to 'we are letting you know were are coming in later', before I kicked up a fuss about it and told them they had to seek my permission), I can easily see how the tenants could get a bit stroppy and tell the Agent to !!!! off.0
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To be fair if my rented flat came up for sale whilst I was in it, they'd have no co-operation. I hate pristine homes, so therefore mine isn't
Also the leaky bathroom ceiling, and dodgy electrics in bedroom, and the failing hot water tap all not being sorted, not a hope. Regarding a key, the LA has a set of my keys, but it was optional to give them a set, the LL doesn't. I changed most locks when I moved in.
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If the tenants are making it difficult to do viewings (which is fair enough), then it might prove difficult to do things like the survey as well- I imagine that your surveyor wouldn't be happy if they turned up one day and the tenants refused access?0
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MrsPBikerChick wrote: »It's not quite as straight forward as "no it isn't"
yes it is.0
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