Quiet Enjoyment

G_M

I would advise similar to above, but toned down.

Rain Shadow advised lettertothe agent. I would write to the landlord at the address on the tenancy agreemnt( it may be c/o the agent, it may not), and copy the agent.

Dearr landlord,

Thank you so much for arranging a contractor to undertake the repair of (the electrics/whatever). So far as we can see this appears to have been done OK (or I'm afreaid it appears there is still a problem... as approptriate), and we are very grateful.

A related point. We were unaware the contractor was coming, so could not arrange to be present at the time. As I'm sure you will appreciate, we are not comfortable with unannounced strangers being in our home, so would appreciate advance agreement before you or your agents/contractors comeround in future.

We will, of course, do everything we can to facilitate aaccess when itis reasonably required.

Once again, many thanksfor the repair.

Yours sincerely

A Tenant

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Any LL who subsequently ignored such a letter would be seriously unwise (see link in post below). It would border on hrassment (a criminal offence).

To physically back up the letter, you can change the lock or lock barrel. Keep the old one to replace when the tenancy ends.

The LL, of course, will never know, since having received yourletter he will not use a key to enter- he will instead arrange an appointment, ring the bell, and wait for you to open the door!

G_M

witchy1066 wrote: »

the term "quiet enjoyment " is usually used when its a Mobile Home Park were the residents are usually over a certain age , and there is a clause written into the new legislation giving mobile home owners better rights but have never heard it used in an y other context

mind you that doesn't mean it doesn't exist

'Quiet enjoyment' is a common law right applying to leases.

As such, yes, a tenant with an AST has a right to QE. It is an implied term of the contract (NOT Housing Act or any other statute).

Its meaning is unrelated to noise/silence! It refers to the right to live peacefully in the property without undue interference.

It is NOT an absolute right. The LL also has rights of access.

See

http://www.landlordzone.co.uk/forums/showthread.php?26589-L-s-right-of-access-for-inspection-or-viewing

witchy1066

i know its nothing to do with noise, and also its to do with land owners of mobile sited homes on registered residential parks
but it is a stated clause in the new laws amendment that people living in these homes are entitled to "quiet enjoyment"

i was not intending to mislead the OP , merely stating that in my experience i have not come across the term being of any benefit in her circumstances

the LL has rights of access at a time that is convenient to both parties

thesaint

witchy1066 wrote: »

the LL has rights of access at a time that is convenient to both parties

The law does not state that.

witchy1066

OP I read this you might find it useful

https://www.gov.uk/private-renting

witchy1066

thesaint wrote: »

The law does not state that.

really???

I was being polite when I said at both parties convenience which is stated in the Mobile Homes act but not of any relevance to the OP



What access rights does the landlord have?

The landlord or agent has the legal right to enter the property at reasonable times of day to carry out the repairs for which the landlord is responsible and to inspect the condition and state of the repair of the property. The Landlord must give 24 hours’ notice in writing of an inspection.
Quiet Enjoyment

The tenant has the legal right to live in the property as his or her home. The Landlord must ask the tenant’s permission before entering the premises.
Should these responsibilities and rights be included in the tenancy agreement?

Statutory responsibilities and rights will apply to you and the tenant even if they are not included in the tenancy agreement.
So from that, it’s clear that tenant’s are required to have 24hr notice before the landlord or agent can enter the premises. Moreover, the tenant must grant permission. The tenant’s right to live in quiet enjoyment is a statutory right. Failing to give tenants that right could lead to landlord prosecution for harassment.
The Exception to the rule

There is an exception to the rule, as always. Only under a situation that can be deemed as an “emergency” may the Landlord enter without permission. This will include situations like flooding or fire.

Herbalus

About changing the locks, what are the legal implications/rights? The consensus seems to be that a tenant has a right to change locks, or give a key to whoever they wish, though I believe a softer approach is more appropriate than some are suggesting here.

I ask because our tenancy agreement states that we are to: "Not change the locks (or install additional locks) to any doors in the Property, nor make additional keys for the locks without the Landlord’s consent, which will not be unreasonably withheld."

Does a tenant have a right to change the locks even if forbidden in the contract?

GDB2222

I'll only give one piece of advice - listen to G_M.

As a LL, can I just say that it's very difficult to organise workmen. Tenants report problems, so I organise workmen to fix them, and the workmen want to work in normal working hours. Tenants work too, and they want the work done in evenings/weekends, when the workmen don't want to work, or will charge much more. So, it's a problem. Bit of give and take ...

Herbalus

GDB2222 wrote: »

I'll only give one piece of advice - listen to G_M.

As a LL, can I just say that it's very difficult to organise workmen. Tenants report problems, so I organise workmen to fix them, and the workmen want to work in normal working hours. Tenants work too, and they want the work done in evenings/weekends, when the workmen don't want to work, or will charge much more. So, it's a problem. Bit of give and take ...

That is perfectly understandable and a tenant might be wise to not refuse access during work hours. After all, would the tenant be willing to pay the extra for after hours servicemen if it was his own house? If not, why should the landlord.

But the point here is that no advance notice was given and there was no consultation, and the most worrying is that the house was left unsecured.

GDB2222

Oh, I agree - utter fiasco. This workman would get no more work from me. I'd be livid about the house being left unlocked if I were the tenant, but I'd at least try to be tactful about it with the LL, who may have been doing his best.