Is Landlord allowed to enter with notice but without permission?

Miss_Samantha · 4 December 2015 at 8:30PM

A landlord may not enter without permission.
BUT, permission may be given through a clause in the tenancy agreement.

marksoton · 4 December 2015 at 9:02PM

getzls wrote: »

I think Josh will soon depart this Forum.
Then return at a later date after the appropriate amount of training.

Some of us don't have a lifetime to wait.

Guest101 · 4 December 2015 at 9:09PM

Cornucopia wrote: »

That sounds like a cop-out.

It seems to me that the Barrister has it right: there are various potential offences and civil/contractual rights and responsibilities, and ultimately in a given situation, both LL and tenant may find themselves at odds with the law. A key principle seems to be that of reasonableness.

It sounds as though in some areas case law is incredibly nuanced, certainly below the level of detail we might typically use in this forum. A good example being the "locks" clause in an AST, where a clause saying "no changes" was deemed unfair, but one saying "with permission, not to be unreasonably withheld" was deemed a fair compromise.

It's not a cop-out. When there's a dispute, a judge decides. You think the barrister has it right and plenty think Tessa does.

YOU aren't going to come up with a covers all angles legal argument here and now.

There are no 'offences' at present this is all civil law and academic.

If there are criminal offences, it will be up to the police and the cps to sort out and ultimately again, a judge.

Guest101 · 4 December 2015 at 9:10PM

Miss_Samantha wrote: »

A landlord may not enter without permission.
BUT, permission may be given through a clause in the tenancy agreement.

Not necessarily. But I can't be bothered proving another 'legal expert' wrong.

So I'll just say again. Ultimately a judge will decide.

Miss_Samantha · 4 December 2015 at 9:13PM

I am rather relieved that a mighty MSE expert cannot be bothered proving the actual legal position wrong!

getzls · 4 December 2015 at 9:22PM

Miss_Samantha wrote: »

A landlord may not enter without permission.
BUT, permission may be given through a clause in the tenancy agreement.

People will find it nessecery to sign contracts they may not fully agree with, it happens.
So a tenancy agreement may be deemed unenforceable that have unreasonable clauses in it.
Nor saying that one is, I admit I don't know.
Of course I'm not a trainee solicitor.:rotfl:

Guest101 · 4 December 2015 at 9:22PM

Miss_Samantha wrote: »

I am rather relieved that a mighty MSE expert cannot be bothered proving the actual legal position wrong!

'Opinionated sod' if you don't mind...

But here's a quick run down.

Is it a fair term, would the tenant in reasonable negotiations accept a legally binding term to allow access to his property to person or persons unknown with no option to withdraw such permission?

No, a reasonable person would not do so.