Landlord entered flat without permission

CKhalvashi

CreditCrunchie wrote: »

It's a pity that some landlords do think like this and act in ways which are detrimental to their tenants. Unfortunately it gives the impression that all landlords are like this and simply encourages tenants to be over precautious in the future.

Also, in my opinion there is a BIG difference between a landlord wanting to do the right thing by repairing something but possibly not giving the right notice, and a landlord who just walks in unannounced at an odd time of night, into the home of a lone female. If that were me I'd have actually moved out as the landlord clearly cannot see how those actions might make someone feel and that's just scary!

I asked a T if I could pop round one evening to repair a bit of pipe, to which the answer was yes. They weren't there when I got round, so I called and was told to enter, and they'll be back in 10 minutes; that's fair enough.

If I'd entered without calling, not only would I feel guilty, but I'd possibly be breaking the law on it, too.

I've tried to be reasonable with tenants, and I expect the same back in return, in that their obligations are to look after the property and pay the rent.

I have one T that is consistently a few days late with the rent (shift worker, can only get to bank 2 days in 6); as long as I know about it, I don't have a problem IYSWIM. The agency he'd previously used had a huge issue with it, the agent I use doesn't, as I'd rather have a T that can (and will) pay/look after the property, even if it does mean they pay a few days late.

CK

jjlandlord

franklee wrote: »

The landlord would then need a court order to enter.

Note that since the landlord has the right to enter for inspection, the court order would be an injunction ordering the tenant to let him in (or be in contempt of court).

CKhalvashi

thesaint wrote: »

It does if you have given them 24 hours written notice.

And if you were a single woman, would you feel comfortable with me as a LL after this?

jjlandlord

CKhalvashi wrote: »

And if you were a single woman, would you feel comfortable with me as a LL after this?

I don't know... I'm quite scared of some single women.

Again, this is one of these cases where the landlord should be careful.
Unfortunately the society is such that being a man means that being alone without witnesses with a woman is a risk.
The instant said woman goes to the police and make allegations you will be done for even if there is no shred of evidence.

In fact in such circumstances, the landlord may do go to inspect when the single woman tenant is not in, or to bring a witness.

CreditCrunchie

How many times do we need to go through this? The landlord does NOT have the right to enter for inspection if permission is not granted. If you give notice 24 hours before and the tenant lets you in or says you can go in if they're not there etc then that's fine. But if they are standing in the doorway or on the phone saying no you can't come in ir send a letter to this effect then it is illegal for you to enter. If there is no one home and you haven't had permission from them either way then it is still illegal.

You may enter without express permission only when there us an emergency. An inspection is not an emergency.

antrobus

CreditCrunchie wrote: »

Interestingly this article popped up today, giving a good general overview if the topic for anyone unsure http://www.thetenantsvoice.co.uk/blogs/landlords-right-to-enter-a-property/

Which oddly enough. is quite explicit that;

A landlord can enter a property to carry out reasonable repairs for which they are responsible, either under the tenancy agreement or by law. However, this right can only be exercised by a landlord who has given a tenant 24 hours notice.

Not that any of this is of any particular relevance to the OP.

thesaint

CKhalvashi wrote: »

And if you were a single woman, would you feel comfortable with me as a LL after this?

I(and I think I speak for jjlandlord) am trying to educate members on this forum the difference between the legal side of access, and the sensible side.

The law says I can drive 30mph down my street.
Should I drive at 30 mph at all times? No. Conditions would tell me to use caution at certain times of the day, and during bad weather.

Driving at or under 30 mph is the baseline. Common sense then kicks in.

CreditCrunchie wrote: »

How many times do we need to go through this?

Until you get it?

CreditCrunchie wrote: »

If there is no one home and you haven't had permission from them either way then it is still illegal.

The landlord does not need permission.

CreditCrunchie

The law states:

During the period of the tenancy the property belongs to the landlord but it is the tenants HOME. The landlord must seek the tenant’s CONSENT and obtain their PERMISSION for an agreed date and time before entering a property.
These basic rules apply even though a tenancy agreement may specify that the landlord should give a certain period of written notice to obtain entry.
Section 11 of the Landlord & Tenant Act 1985 it is an implied term that the landlord has the right to enter to inspect a property having given 24 hours notice in writing.

And likewise under Section 16 of the 1988 Housing Act there is an implied term into a contract to which the section applies that the tenant will provide reasonable access for the purposes of undertaking repairs. This does not apply to improvements that the landlord wishes to carry out.
However these implied terms can not be enforced without a formal application for a Court Order.

On the other hand the tenant can also bring a claim for damages based upon an infringement if his right to quiet enjoyment and harassment by the landlord.

In regards to the OP's initial question - this is a line female whose landlord entered randomly without notice and without permission. Regardless of the legal standing, this shouldn't be right in anyone's eyes.

jjlandlord

I have already quoted the relevant part of s.11 verbatim.

CreditCrunchie wrote: »

The landlord must seek the tenant’s CONSENT and obtain their PERMISSION for an agreed date and time before entering a property.

If you actually read s.11 I'm sure that you will find that the above is not what the law says.

I have also already replied re. court injunction (which is an order on the tenant on penalty of contempt of court) [post #63]

specialboy

Implied terms as to fitness for human habitation.

Annotations:
Modifications etc. (not altering text)
C6S. 8 excluded by Housing Act 1985 (c. 68, SIF 61), ss. 302, 307

(1)In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary—
(a)a condition that the house is fit for human habitation at the commencement of the tenancy, and
(b)an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.
(2)The landlord, or a person authorised by him in writing, may at reasonable tinmes of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.
(3)This section applies to a contract if—
(a)the rent does not exceed the figure applicable in accordance with the subsection (4), and
(b)the letting is not on such terms as to the tenant’s responsibility as are mentioned in subsection (5).
(4)The rent limit for the application of this section is shown by the following Table, by reference to the date of making of the contract and the situation of the premises:

TABLE

I don't see anything here that says a LL can enter unless there is reason to believe the property is not upto standard.