Access to property by landlord

croto

Hi all,

my landlord wants to get the flat remortgaged and needs to get people in for a survey. On the date he wants to do it I will not be home, so I told I couldn't be there. He insisted asking me to take a day off but I really can't. I gave an alternative date, but they insist to have it done on the day I won't be home. I don't want him to come with the survey people when the flat is empty, but he said he will come anyway because the survey needs to be done at that date.

Can he do that, even though I said I didn't want people to come and gave an alternative date? The notice he gave me was superior than 48 hours.

Thanks,
croto

booksurr

technically he cannot (unless your tenancy agreement specifically says he can for the purposes of selling)

practically how do you propose to stop him?

the only thing that will stop him is to change your locks!

obviously that will escalate the matter but then it sounds like you want out anyway so creating "tension" hardly matters at this late stage given you are on the way out anyway

thesaint

The landlord can enter for the purpose of viewing the condition and state of repair.
If I were a landlord, then this would be my reason for entry.

booksurr wrote: »

obviously that will escalate the matter but then it sounds like you want out anyway so creating "tension" hardly matters at this late stage given you are on the way out anyway

I sensed none of this from the OP's post.

pmlindyloo

I can see both sides to this.

You don't want someone in your house without you being present.

The surveyor has probably been booked and the date cannot be easily changed.

So, what are your options?

Ask the LL to pay your day's loss of earnings so you can be present
Take a day's holiday
Change the locks
Get a friend to be present instead of you
Give the LL some alternative times and dates
Totally refuse access (change the locks)

Or a combination.

croto

As far as I could check online, the landlord only has access to the property without my consent when emergency repairs need to be carried out. With 24 hours notice, the landlord can visit the property as long as the tenant agrees with the visit. The tenant has to give sensible date alternatives if he cannot be at home at the time of the visit.
I wouldn't ever change the flat locks, because I had (so far) a good relationship with the landlord and wouldn't want to play the same game as he is playing.

If he booked the surveyor, why didn't he contacted me asking if I would be home? This is one of the ONLY dates I really can't be at home, any other week it would be completely fine, that is what bugs me.

thesaint

croto wrote: »

As far as I could check online, the landlord only has access to the property without my consent when emergency repairs need to be carried out. With 24 hours notice, the landlord can visit the property as long as the tenant agrees with the visit. The tenant has to give sensible date alternatives if he cannot be at home at the time of the visit.

Your checks did not go far enough.

Section 11 of the landlord and tenant act 1985

(6)In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.

dc197

thesaint wrote: »

“
(6)In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.

Croto, did your LL write to you? If not, the above has not been fulfilled and does not give him the right.

croto

Nope, it was just SMS messages...

Miss_Samantha

croto wrote: »

Nope, it was just SMS messages...

A SMS text is in writing...

thesaint

dc197 wrote: »

Croto, did your LL write to you? If not, the above has not been fulfilled and does not give him the right.

The OP has had a (protracted)conversation with the landlord about the inspection, so personally, I think all bets are off in regards to the validity of the notice.

AnotherJoe

croto wrote: »

I don't want him to come with the survey people when the flat is empty

Why not? Unless you have good reasons such as you've trashed the place why make it so difficult? Just gives him an incentive to get shot of you.
Do you think him or the surveyor are thieves?