Landlord entered flat without permission

CreditCrunchie

Yes I read that, and as above tenant can also bring a claim for harassment against repeated intrusive behaviour so it is a moot point. Any landlord with a care for their tenants would not wish or need for it ever to get this far. They might also have a concern for their reputation and future ability to let property.

jjlandlord wrote: »

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

jjlandlord

CreditCrunchie wrote: »

Yes I read that, and as above tenant can also bring a claim for harassment against repeated intrusive behaviour so it is a moot point.

Who said otherwise?
I don't recall that anyone claimed that the landlord can inspect on a daily basis.

specialboy wrote: »

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

Read again.

specialboy

jjlandlord wrote: »

Who said otherwise?
I don't recall that anyone claimed that the landlord can inspect on a daily basis.




Read again.

No, but you did insist that the landlord can just enter the property after giving notice to inspect. The way it reads is that you can enter with notice if you believe it is falling into disrepair, not just to have a look around.

CreditCrunchie

antrobus wrote: »

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.

I missed this sorry. Yes it's explicit also in the bit which I underlined - that this must be enforced with a court order. Without this if the tenant has not given permission you must not enter. As it would take considerable time and expense to obtain the order the sensible thing to do is work with the tenants and respect their rights if asked politely and within reason.

clark24

As a tenant, if there was an emergency that would potentially cause damage or destruction to my home I would have absolutely no problem with either my landlady or any of the people necessary to prevent things escalating. This cottage is very important to me and my family, all our possessions are in it and I would be grateful that the situation was noticed early enough and halted before my home was possibly destroyed.

My LL is doing an inspection soon, we've been here 8 months and not met her yet or had any inspections at all, we chat on the phone and by email etc all the time and as she was going to be having a mini-break in the area she thought it was a good chance to come visit and have a cup of tea. She gave us a months notice and let us choose the day and time, but if we couldn't have managed that (due to being busy or away) then she would have left it for another time, possibly much later in the year.

In my previous rental though the LL felt he had the god-given right to enter willy nilly, we would find him wandering round the garden, peering in the windows, and I am certain he came in the house as things were moved and he knew stuff that he would only know if he had come in (not bad stuff, just personal things). Which is why as soon as our term was up we left, as he treated us like unwanted squatters.

Tbh if a LL is a paranoid interfering busybody they should not be a LL. If you can't stop poking your nose into your tenants life then sell the house and get another way of making money. If you own a house you rent out, and you get your rent on time and you are not getting reports that your tenants are behaving in an illegal manner then back off and let them be. It's their home, and if you can't hack the fact people are living in a property you own and feel the need to hover around them and check on them without a very good reason to in a way that is verging on stalking, then you are in the wrong business.

jjlandlord

specialboy wrote: »

No, but you did insist that the landlord can just enter the property after giving notice to inspect. The way it reads is that you can enter with notice if you believe it is falling into disrepair, not just to have a look around.

Yes, I did insist because that's what the statutes say.
So please read again the one you quoted, and also post #40.

CreditCrunchie

I'm pretty sure jjlandlord just enjoys a good debate. Took me 3 pages to realise this but oh well, if the info helps anyone I'm happy.

jjlandlord

CreditCrunchie wrote: »

Without this if the tenant has not given permission you must not enter.

What's the basis for this assertion?

CreditCrunchie wrote: »

As it would take considerable time and expense to obtain the order

Again, what's the basis for this assertion?

This is a request to the local county court evidenced by continual impossibility to gain access.
The tenant would also in all likelihood have to pay the costs.

jjlandlord

CreditCrunchie wrote: »

I'm pretty sure jjlandlord just enjoys a good debate. Took me 3 pages to realise this but oh well, if the info helps anyone I'm happy.

I'm busted it seems.

However, it is useful to set the record straight regarding what the law actually states.

Soleil_lune

I can't believe how horribly horribly wrong several people have got it on this thread. (particulary jjlandlord and thesaint.)

No you can not enter your tenant's home, even with 24 hours written notice; if they do not give permission. Of course you can if they say yes, but otherwise, you can not, no matter how many different ways you try to convince yourself that you can.

I fear 'you' need educating 'jjlandlord' and 'thesaint,' not jaylee, creditcrunchie and Lee and others others arguing with you.

If there is no imminent danger to the home or tenants, but you still want to gain entry for some reason, then you will need to seek it through the courts. But they will want a good reason as to why you 'need' to gain entry. As a few people said; as long as the tenant is paying rent, it is their home and you can not enter.

I am rather concerned for your tenants jjlandlord (and thesaint) if you are landlords, because you are going to get yourselves in trouble, as you don't seem to have this basic and obvious knowledge. If my landlord has insisted on coming into our rented property, even when I said no; he would have had a flea in his ear. Any landlord thinks he can enter the property I am renting, just because it suits him? I would want to know who the hell he thinks HE is!

thesaint: all that link shows is that you can go into the property that you are renting out, with 24 hours notice, if the tenant permits it.

This information that says you cannot enter the tenant's home, is over numerous websites. Here are a few.

http://www.propertyinvestmentproject.co.uk/blog/landlords-right-of-entry/

http://www.baseps.co.uk/property-faqs/my-tenant-wont-allow-me-to-access-my-property-what-now/

Note THIS bit on the above link:

Ultimately, unless you have a valid reason to believe the Tenants are breaking the law, are endangering the property/themselves/fellow residents or are causing excessive and unnecessary damage there is little you can do.

http://www.adviceguide.org.uk/wales/housing_w/housing_renting_a_home_e/common_problems_with_renting.htm#h_the_landlords_rights_of_entry

CAB also states that the landlord can enter in an absolute emergency, but if he wants to generally inspect the property; if the tenant says no, he cannot come in. Unless he obtains a court order. And even then, he will need to give a bloody good reason to go into someone's home. As someone said earlier, as long as the rent is being paid, and the tenancy conducted satisfactorily, you have no right to enter the property, unless, as I said, it's a dire emergency. You would be effectively trespassing.

A few posters on here are suggesting that the landlord can just come in as he pleases. Not true. Get your facts straight jjlandlord, (and thesaint,) or you will be up in court for trespassing!