24 Access

borich

The property I own is being re-mortgaged and on Wednesday the valaution is being undertaken. The tenant is refusing access. I take it that giving him 24 hours written notice will be acceptable to get access?

DTDfanBoy

Simply giving the tenant 24 hours notice is not sufficient. To gain access to the property for a mortgage valuation you'll need permission from the tenant.

agrinnall

If the tenant refuses to allow access then your options are to evict him so that you have vacant possession of the property, or try negotiation, such as rent reduction, to make him change his mind.

theartfullodger

Does the tenancy agreement state tenant is obliged to provide such access??

If so & he refuses get a court injunction to force the matter: should take a few months. S21 eviction may take same timescale: Has fixed term ended??

If no obligation in tenancy then you must rely on the tenant's help: Perhaps a bribe??

It is the tenant's home, the tenant's property(**): Would you want some stranger wandering round your home, your property, with no benefit to you??

** - see
http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

You can be fairly certain the valuation won't get access Wednesday.

Cheers!

fairy_lights

You could ask the tenant when would be a convenient time for him, and rearrange your valuation rather than just telling him when you'll be going in. it's his home after all.

pmlindyloo

Reading your thread here:

https://forums.moneysavingexpert.com/discussion/5061867

it seems that you have only just become a landlord. Has all the paperwork been done and the tenant notified that their landlord has changed?

What kind of tenancy agreement do they have?

Since this is an inherited property it would have been better to introduce yourself to your tenant, ask for an inspection to sort out any repairs and generally form some sort of relationship with them.

I never understand why tenants refuse permission if it is asked for in a polite fashion and is 'reasonable' and with due regard to the fact it is their home and you need to work with the tenant to find a suitable time to view. A one off situation like this shouldn't be causing such problems.

What has gone wrong here?

Perhaps, rather than jump in with your 'rights,' you ought to be thinking about your responsibilities as a landlord.

Without the tenant's permission you have no chance of getting into the property so backtrack, find out why they are refusing and take the appropriate action.

It may be that the tenants are naturally 'difficult' and you may have to go down the eviction route, but at least try and put things right before it all goes very wrong.

You, by the sound of it, need their cooperation to allow you to do what you want so start negotiating.

I hope I haven't got the wrong end of the stick and they are just plain bloo*y minded. If so, my apologies.

jjlandlord

If access is required for the purposed of inspecting the property's condition then I haven't read anywhere in law that the tenant is entitled to refuse access.

pmlindyloo

jjlandlord wrote: »

If access is required for the purposed of inspecting the property's condition then I haven't read anywhere in law that the tenant is entitled to refuse access.

True, but we don't know if the OP has actually said he wants to do an inspection as regarding the property's condition or whether he said it was for a mortgage revaluation. (I know there is only a subtle difference)

For all we know the tenant might be thinking that the OP is selling/about to put up the rent - who knows?

DTDfanBoy

jjlandlord wrote: »

If access is required for the purposed of inspecting the property's condition then I haven't read anywhere in law that the tenant is entitled to refuse access.

Have you read anywhere in law that allows the LL to enter if access is refused

Best of luck seeking a court order to enter the premises to carry out a mortgage valuation

The LL needs to work with the tenant or get rid of them, those are the only practical solutions IMHO

jjlandlord

DTDfanBoy wrote: »

Have you read anywhere in law that allows the LL to enter if access is refused

This is a nonsensical question since the starting point is that the landlord has a right of entry: The tenant is not entitled to refuse.

DTDfanBoy

jjlandlord wrote: »

This is a nonsensical question since the starting point is that the landlord has a right of entry: The tenant is not entitled to refuse.

The landlord does not have a right to enter for any reason whatsoever, regardless of that, if they wish to enforce their right to enter they will need to seek an order from the court if the tenant refuses to play ball.