Access Rights

specialboy

OP, would you rather they built the wall in the summer? As has already been said, builders may be too busy to come back at a later date and surely having it done sooner rather than later makes the property more secure for you and your family.

moremore

LA will not check what their contractors when they are carryout the work before, during or afterwards. I would be surprised if your LA was different. Therefore their contractors will cut corners as they know it will not be checked by the council. Also remember the LA will always take their contractors word and not residents therefore it best to take photos of the work as it progresses, maybe your dad could keep an eye on it for you as well.
I remember reading that a young boy was killed when a council wall fell on him and this happened not long after the council contractors built it. The council said in court that it would be unreasonable to asked them to inspect the work while it was being carryout by their contractors and it was only by pot luck if the got inspected after the work was completed and from what I have read I think it has got much worse with council's contractors since 2008.

Davesnave

moremore : You have misinterpreted LA as 'Local Authority.'

On this board, unless the post says otherwise, it means 'Landlord's Agent.'

princeofpounds

Can they just let themselves in?

LLs and LAs are supposed to give 24hrs notice of non-ermergency visits and ask for permission. Usually there is a clause in the AST which will act as standing permission if no reply is received although you can always revoke permission as your legal right to 'quiet enjoyment' trumps anything in the contract.

Note that theoretically LLs do have rights of access to fulfil their obligations and check and maintain the property, so you can't permanently revoke access at all times and for all purposes. Quiet enjoyment is not an abosolute right. However the LL would have to evict you and/or obtain a court order to enforce their rights of access legally. They'd probably just go for eviction at the earliest opportunity then.

Having said all of that, the practicalities are important. If a LL does access the property without permission, there isn't much legal penalty. You can't sue them for it unless they cause you loss or damage. In England, it's not a criminal trespass in itself and it would have to go as far as harrassment/illegal eviction/breach of peace etc. for anything criminal to occur.

So then you are left with practical routes of restricting access as the primary means of enforcing your position. That's why changing lock barrels is so often recommended on this forum. Outside is more difficult; if you are around you can always physically refuse entry yourself and call the police if you fear a breach of the peace.

But frankly building a wall is not that noisy. Maybe it will be a little for a brief period every so often if they use a mortar mixer but they are just as likely to use a bucket! I do understand your desire for privacy but unless the medical condition is really severe I wouldn't worry too much.

jjlandlord

princeofpounds wrote: »

LLs and LAs are supposed to give 24hrs notice of non-ermergency visits and ask for permission.

A notice is not asking for permission. It's telling when and why they intend to gain access.

princeofpounds wrote: »

although you can always revoke permission as your legal right to 'quiet enjoyment' trumps anything in the contract.

This is incorrect and has been discussed ad nauseam.

princeofpounds

A notice is not asking for permission. It's telling when and why they intend to gain access

Good point.

This is incorrect and has been discussed ad nauseam.

Not incorrect. Statutory law and common law always trump contractual terms. You simply cannot contract to do anything unlawful.

Now I grant you that quiet enjoyment is often misunderstood, over-applied etc. There is often confusion over HOW it has precedence over a contract, when it applies and what it means. But it most certainly does.

jjlandlord

princeofpounds wrote: »

Not incorrect. Statutory law and common law always trump contractual terms. You simply cannot contract to do anything unlawful.

It is incorrect, because the right of 'quiet enjoyment' is not absolute and does not 'trump' anything that can be in the contract.

If the landlord has a right of access, then he will not breach quiet enjoyment by using it.

dimbo61

Did I not read in the papers yesterday that Shelter are asking for stronger laws to protect tenants as landlords are serving S21 to tenants who complain about repairs not being done to rental properties !

SerialRenter

dimbo61 wrote: »

Did I not read in the papers yesterday that Shelter are asking for stronger laws to protect tenants as landlords are serving S21 to tenants who complain about repairs not being done to rental properties !

Unfortunately Retaliatory eviction is not a new thing.

amy104

Having been on the end of a LL who did serve notice as it was easier than doing repairs, I do appreciate completely that the repairs are being completed. We have always tried to maintain healthy relationships with our LL or LA's and try to work with them.

However I believe this should work both ways. We wont be unnecessarily obstructive and unhelpful, so they shouldn't either.

Whatever happened to treat others as you wish to be treated?