Landlord entering your property whilst you are in bed

theartfullodger

rrtt: Whilst there is a valid tenancy - even if tenant is not paying & even if you have a possession order but are awaiting bailiffs... - it's not "your" property, it is the tenant's property...

see...

http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

In Scotland btw the position on changing locks is different..

If you want a VERY long discussion on the rights of entry for inspection or viewings see here...
http://www.landlordzone.co.uk/forums/showthread.php?26589-L-s-right-of-access-for-inspection-or-viewing

What training have you had in landlord/tenant law rrtt??

A well informed chap (chappess??) like you will be aware that the tenancy for part of a house with s/c annex (unless all purpose-built) with LL living in the other bit will not be (cannot be, may not be..) an AST (See clause 10 of schedule 1 of HA 1988)

Clearly if there is an obvious water leak forced entry would be understood by the courts: However the old dodgy landlord trick of "I thought I smelt gas so I let myself in guv" is, at the least, an unwise tactic...

Cheers!

sinbad182

theartfullodger wrote: »

rrtt: Whilst there is a valid tenancy - even if tenant is not paying & even if you have a possession order but are awaiting bailiffs... - it's not "your" property, it is the tenant's property...

see...

http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

In Scotland btw the position on changing locks is different..

If you want a VERY long discussion on the rights of entry for inspection or viewings see here...
http://www.landlordzone.co.uk/forums/showthread.php?26589-L-s-right-of-access-for-inspection-or-viewing

What training have you had in landlord/tenant law rrtt??

Cheers!

Probably none I'd imagine, like 99% of perfectly capable landlords out there.

Just because you've convinced yourself renting out a house is rocket science and requires a 1st class degree with honours in Landlording, don't try and make out this is the norm.

rrtt

theartfullodger wrote: »

rrtt: Whilst there is a valid tenancy - even if tenant is not paying & even if you have a possession order but are awaiting bailiffs... - it's not "your" property, it is the tenant's property...

see...

http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

In Scotland btw the position on changing locks is different..

If you want a VERY long discussion on the rights of entry for inspection or viewings see here...
http://www.landlordzone.co.uk/forums/showthread.php?26589-L-s-right-of-access-for-inspection-or-viewing

What training have you had in landlord/tenant law rrtt??

A well informed chap (chappess??) like you will be aware that the tenancy for part of a house with s/c annex (unless all purpose-built) with LL living in the other bit will not be (cannot be, may not be..) an AST (See schedule 1 I think of HA 1988)

Cheers!

Art - I haven't had any training apart from extensive reading when I previously let part of my home (just the upstairs storey, no internal locks).

I'll go read the link article, but what you say is totally scary, and makes it likely that I won't ever let the annexe, just have people there intermittently as guests. Tenants appear to have all the rights and landlords none. As I said, no wonder there's a shortage of quality rented accom.

rrtt

sinbad182 wrote: »

Probably none I'd imagine, like 99% of perfectly capable landlords out there.

Just because you've convinced yourself renting out a house is rocket science and requires a 1st class degree with honours in Landlording, don't try and make out this is the norm.

Thanks. I think they are probably misunderstanding the situation anyway, the annexe is still part of the house - one building - (my sole residence) that I'd actually be living in myself.

olly300

rrtt wrote: »

Well if that is actually the case and I wouldn't be able to enter my own property without breaking the door down if (eg) the tenant were out and had left a bath-tap running, you have just between you successfully ensured that I will never again rent part of my property out. Which is a shame, as I'm just now buying a house with a s/c annexe. No wonder prospective tenants find good quality rented accom hard to come by ...

It's called a locksmith or if your handy - a drill

If it's a fire or another sort of emergency the fire service or police will break the door down like they would do with any residence regardless of who owns it.

olly300

rrtt wrote: »

Thanks. I think they are probably misunderstanding the situation anyway, the annexe is still part of the house - one building - (my sole residence) that I'd actually be living in myself.

Lodgers are different from tenants.

Though as a LL you would know that......

rrtt

olly300 wrote: »

Lodgers are different from tenants.

Though as a LL you would know that......

Yes I do thanks, it would be a licence.

Locksmith could take hours to get out in rural area, by which time ceiling might have collapsed.

Not liking the tone of some of these replies, I'm withdrawing from further convo in this thread.

Shame some people are so negative about good landlords - a few tenants who've stayed here over the years have become lifelong friends.

I guess I should thank you all though for putting me off ever creating another Tenancy. Not blaming you, but our laws which appear to have created a complete imbalance in favour of Tenants and against Landlords having reasonable rights. Good tenants looking for good places might of course not be so happy at one place less being available.

theartfullodger

rrtt:

To see what your legal position would be try this..
http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

- which tells you if letting your annex the tenants/lodgers would find they are....

Result: You are an occupier with basic protection

You are likely to be an occupier with basic protection. This means that you have few rights, which may make it difficult for you to enforce any other tenancy rights, such as getting repairs done. However, your landlord has to follow the correct procedure if they want to evict you.
See the page on occupiers with basic protection for more information and contact a local advice centre if your landlord tries to evict you without following the correct procedure

i.e. as Landlord you'd have more power & influence than with an AST...

Many landlords, tenants, council Housing-departments, solicitors etc don't understand the issue with Landlords in-same-building tenancies not being ASTs btw..

Ah, "good landlords" eh?? How can you spot one on the internet eh??

I'm a landlord btw, for over 10 years.. and still learning...

re

but our laws which appear to have created a complete imbalance in favour of Tenants and against Landlords having reasonable rights

... err.. can't agree dear sir (madam??) - since the Housing Act 1988 & section 21 in particular landlords have an absolute right to evict almost all tenants for no reason at all, even tenants who are perfect, always pay on time etc.. Can't see that being law "in favour of Tenants" but others may disagree

Cheers!

rrtt

theartfullodger wrote: »

rrtt:

To see what your legal position would be try this..
http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

- which tells you if letting your annex the tenants/lodgers would find they are....
i.e. as Landlord you'd have more power & influence than with an AST...

Many landlords, tenants, council Housing-departments, solicitors etc don't understand the issue with Landlords in-same-building tenancies not being ASTs btw..

Ah, "good landlords" eh?? How can you spot one on the internet eh??

I'm a landlord btw, for over 10 years.. and still learning...

re ... err.. can't agree dear sir (madam??) - since the Housing Act 1988 & section 21 in particular landlords have an absolute right to evict almost all tenants for no reason at all, even tenants who are perfect, always pay on time etc.. Can't see that being law "in favour of Tenants" but others may disagree

Cheers!

Thanks for that Artful. But I do consider it outrageous that (apparently) Tenants have the right to change the locks and not give the Landlord a key, so that effectively the Landlord cannot gain access for perfectly legit reasons.. That really beggars belief and reason.

I have been a tenant too btw in the past, both pre and post 1988, still actively support/donate to Shelter. Seen it from both sides.

Takeaway_Addict

Landlord is disgraceful.

OP sounds like a professional nightmare!