24 Access

jjlandlord

DTDfanBoy wrote: »

The landlord does not have a right to enter for any reason whatsoever,

I never claimed otherwise.

DTDfanBoy wrote: »

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.

Only if physically prevented since the tenant is not entitled to refuse...

eddddy

Hi Borich

I feel your pain.

Businesses like valuers just 'tell you' when they will turn up and expect you to work around them - and then the tenant says it's inconvenient.

(And if you get back to the business saying it's inconvenient - they give you the next available slot, which is 10 days later. And that turns out to be inconvenient for the tenant as well.)

As jjlandlord says, the tenant probably has no right to refuse entry, but if a tenant says "you can't come in" - I doubt a mortgage valuer is going to walk past him and value the flat anyway.

Even if the tenant has to go to work, knowing that the valuer will be visiting against his wishes, the tenant may do something to make the valuation difficult or impossible.

A mortgage valuer isn't like a bailiff - if the situation is difficult, he will probably just walk away.

Realistically, you need to negotiate with your tenant. Or, if that doesn't work, prepare to evict him.

thesaint

borich wrote: »

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?

In what way is the tenant "refusing access"?

DTDfanBoy

jjlandlord wrote: »

Only if physically prevented since the tenant is not entitled to refuse...

So despite the fact that the tenant has refused access, unless they have changed the locks or hired security to keep you out of their house you have the right to enter as you gave 24hrs notice :eek:

Best of luck explaining that to a Judge :rotfl:

If you want legal access you'll need a court order or permission from the tenant, going down any other route is dangerous to say the least unless it is a genuine emergency.

jjlandlord

DTDfanBoy wrote: »

So despite the fact that the tenant has refused access, unless they have changed the locks or hired security to keep you out of their house you have the right to enter as you gave 24hrs notice :eek:

Best of luck explaining that to a Judge :rotfl:

I'm sure the judge has already read the relevant law.
A right of entry is exactly that.

DTDfanBoy wrote: »

If you want legal access you'll need a court order or permission from the tenant.

I'll accept that the day someone can quote the legal references stating that a right of entry is in fact not a right of entry.
I've waiting for years but I'm patient.

DTDfanBoy

jjlandlord wrote: »

I'm sure the judge has already read the relevant law.
A right of entry is exactly that.




I'll accept that the day someone can quote the legal references stating that a right of entry is in fact not a right of entry.
I've waiting for years but I'm patient.

There is no right of entry to begin with, why do you think that there is. This isn't a repair to a boiler or an inspection of the property to ensure that it meets the landlords obligations to the tenant.

This is a valuation inspection on behalf of a bank

Next you'll be telling me that providing a LL provides 24 hrs notice they can throw a birthday party for their daughter in the tenants back yard :rotfl:

If the LL allows access to the property as things stand at present they'll be on a very slippery slope :cool:

jjlandlord

DTDfanBoy wrote: »

Next you'll be telling me that providing a LL provides 24 hrs notice they can throw a birthday party for their daughter in the tenants back yard :rotfl:

Clearly you haven't got anything valuable to add.

Therefore I will have to continue waiting for a legal reference...

teddysmum

I can think of two good reasons why the tenant could be difficult about entry:


1) The time indicated would mean they have to have time off work, as they would want to be present because of their possessions. In this case you have try to come to some agreement, by which they won't lose out.


2) They are afraid that you are selling from under them. In this case you could reassure them that this is not the case or explain that without the re-mortgage , you will have to sell up , which could mean they'd lose their home.

DTDfanBoy

jjlandlord wrote: »

Clearly you haven't got anything valuable to add.

Therefore I will have to continue waiting for a legal reference...

Perhaps you could let me know which section of the Landlord and Tenant Act 1985 gives rise to a bank employee gaining access to perform a valuation on behalf of the bank, 8 para 2 or 11 para 6.

Do you think a judge would have any issues with the fact that the bank employee is clearly not acting on behalf of the landlord, and is clearly not there to assess anything relevant to the Landlord and Tenant Act


The LL would find themselves falling foul of Protection from Eviction Act 1977, Part 1 section 1 para 3A (a)

I'd also suspect that if the bank in question found themselves facing civil action from a peeved tenant they'd be in a very strong position to have a crack at the landlord.

borich

All sorted, Access has been granted for tomorrow. It turns out he was upset as he thought I was selling the property and hes been there or years. Cheers for your help though guys.