Delete post

Cornucopia

specialboy wrote: »

Where does it say its a legal requirement to give a key to the landlord?

In the tenancy agreement.

quidsy

Which is unenforceable without a court order.

Cornucopia

silvercar wrote: »

Everyone needs to be aware that this is a forum, so opinions are just that. And often don't mirror people's behaviour in real life.

Yes... but it would be better if people didn't speculate about things that have a definitive answer, if they know they don't know that definitive answer.

The OP gave permission for access, not for the landlord to allow unsupervised access to a third party.

Professional agents of the Landlord are, well, agents of the Landlord. The question is whether those Agents are behaving reasonably. If the Tenant believes that they are not, then the appropriate action is to complain to the Landlord, and/or the Manager of the Estate Agent's Company.

Personally, if I need someone to access my let property I ask the tenants permission to pass on their phone number and tell the tenant who to expect a call from, then arrange for the 3rd party to arrange a time direct with the tenant.

Sounds great.

I'd also expect a professional Estate Agent to be able to effect a professional introduction to the Tenants. Who knows, they might be looking for a new property?

Cornucopia

quidsy wrote: »

Which is unenforceable without a court order.

And your point is?

The issue is whether it is an appropriate action to take, not what the steps are to enforcement after the event.

mrginge

Cornucopia wrote: »

In the tenancy agreement.

Well a couple of points to mention

1. You haven't read the tenancy agreement.
2. You have no idea whether such a clause would be enforceable even if it did exist.


So your original statement of -

Cornucopia wrote: »

If you change the locks, you are legally required to give keys to the Landlord. It is a pointless gesture.

Is, in fact completely wrong.

Cornucopia

mrginge wrote: »

Well a couple of points to mention

1. You haven't read the tenancy agreement.
2. You have no idea whether such a clause would be enforceable even if it did exist.

No effective Tenancy Agreement would not have such a clause.

So your original statement of -

Is, in fact completely wrong.

I find it sad that people would apparently be happy to sign a contract knowing that there are clauses within it that they would not honour if/when the time came.

A contract is a legally-enforceable contract. There is no getting away from that. If you don't want to abide by its not unreasonable requirements, don't take the tenancy.

quidsy

An agreement could state that the tenant must stand at a certain window for 45 seconds each day doing semaphore, it still wouldn't be enforceable.

jjlandlord

quidsy wrote: »

An agreement could state that the tenant must stand at a certain window for 45 seconds each day doing semaphore, it still wouldn't be enforceable.

I don't see why it wouldn't be valid if properly drafted.

The issue would be to work out what the loss to the landlord could possibly be if the tenant was to breach that term.

Cornucopia

This is getting ridiculous.

Under all circumstances, the Landlord has a right to undertake repairs with the permission of the Tenant and with 24 hours' notice.

If the locks had been changed and keys were not provided, and this threatened to be an issue, then I would use that right to change the locks again, with the cost being deducted from the Deposit.

Any practical issues about unauthorised access during times when the property is occupied are easily resolved with a door-chain or similar device. It would be an interesting test case were a Court asked to rule on whether someone is entitled to "quiet enjoyment" of the property even when they are not there.

pinkshoes

antrobus wrote: »

But that's only your interpretation of the law, and your opinion.:rotfl:

Nope, it's not my opinion, it's from the Landlord and Tenant act. A government written legislation.

http://www.legislation.gov.uk/ukpga/1985/70

Some bedtime reading for you.

A lot of my friends are LLs, and they give their tenants at least 24 hours written notice if they need access, and this is only to carry out necessary repairs that the tenant is happy to be done.

Obviously the exception is emergency repairs where the tenant must allow access.

When it comes to changing over tenants, they only do viewings at the tenants convenience and agreement, and they are well aware that the tenant can refuse.

Hence it always pays to be nice to your tenants!