We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Is Landlord allowed to enter with notice but without permission?
Comments
-
They are not likely to go to court and admit harassing you as they will be in a lot of trouble. They could get a fine or be imprisoned I think.
Now you have told them you aware of your rights they should back off. It's up to you whether you wish to permit any viewings at all given how they've behaved so far.
DfMaking my money go further with MSE :j
How much can I save in 2012 challenge
75/1200 :eek:0 -
The 1985 landlord and tenant act gives the landlord authority(but not for viewings) even if not stated in the tenancy agreement.
The act gives the landlord a right of access by stating that this right is always implied in the tenancy agreement.
So such rights are always given through the terms of the lease.0 -
-
Respect for the home
Right to respect for the home includes a right not to have one’s home life interfered with, including by unlawful surveillance, unlawful entry, arbitrary evictions etc
Section 8 of the human rights act
eg landlord own house...however its someone elses home, tenant“Life isn't about finding yourself. Life is about creating yourself.”
― George Bernard Shaw0 -
Respect for the home
Right to respect for the home includes a right not to have one’s home life interfered with, including by unlawful surveillance, unlawful entry, arbitrary evictions etc
Section 8 of the human rights act
eg landlord own house...however its someone elses home, tenant
The HRA only governs how the state treats you, not a private landlord.0 -
Not necessarily - for example, the Right to Life implies that Government would have wide-ranging legislation to protect life.
However, Article 8.2 specifically addresses "interference" by "public authorities" only. So does not apply to LLs.
Even then, it seems to be subject to substantial legal interpretation. TV Licensing (as part of the BBC) ought to be bound by it, but they are holding some kind of legal advice regarding their exemption, and they are refusing to disclose what it is.0 -
Cornucopia wrote: »Even then, it seems to be subject to substantial legal interpretation.
What law isn't?V Licensing (as part of the BBC) ought to be bound by it, but they are holding some kind of legal advice regarding their exemption, and they are refusing to disclose what it is.8.2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime...
Not having a TV licence is a crime, so the ECHR allows the public authority (or those acting on the behalf of a public authority, to enter your premises if necessary to prevent that crime.0 -
Not that again. We'd expect the broad principles of fundamental Human Rights to be reasonably understandable by the general public, and to be reasonably definitive in their wording.What law isn't?
No. The issue is that the HRA says "in accordance with the law AND...". There is no law requiring or enabling the BBC/TV Licensing to enforce against Licence evasion. And even if there were, case law suggests it would need to be: explicit, clear, understandable, accessible and reasonably proof against arbitrariness.Not having a TV licence is a crime, so the ECHR allows the public authority (or those acting on the behalf of a public authority, to enter your premises if necessary to prevent that crime.
Even BBC/TV Licensing do not claim to have a right of entry (other than with a warrant, which are extremely rare).
I should make it clear that this my area - much more so than property law.0 -
Cornucopia wrote: »Not that again. We'd expect the broad principles of fundamental Human Rights to be reasonably understandable by the general public, and to be reasonably definitive in their wording.
They are.
http://www.echr.coe.int/Documents/Convention_ENG.pdfNo. The issue is that the HRA says "in accordance with the law AND..."
http://www.legislation.gov.uk/ukpga/2003/21/section/3630
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.2K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 600.9K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards