Access to property by landlord

Miss_Samantha

cjdavies wrote: »

For people who see no problem in allowing the landlord entering and viewing while tenent is not there, ca I come to your house while you are not there just to have a look around?

This is a disingenuous example.
The relation between tenant and landlord is governed by the terms of the tenancy. If you do not like them either negotiate others or do not rent.

Marvel1

Miss_Samantha wrote: »

This is a disingenuous example.
The relation between tenant and landlord is governed by the terms of the tenancy. If you do not like them either negotiate others or do not rent.

Just what I thought - no.

sniggings

Old_Git wrote: »

or they might just evict the tenant.
I think the tenant is playing a dangerous game .

If you class, asking the LL to choose a different date as dangerous :eek:

thesaint

sniggings wrote: »

Playing with words, a court if it ever gets that far which is next to zero, will know the difference from a valuation for a remortgage and a condition of tenancy visit.

I have earlier quoted the legislation.
It does not mention the phrase "Condition of tenancy visit".

AnotherJoe

cjdavies wrote: »

If re-mortgage, let's not confuse Survey and Valuation.

For people who see no problem in allowing the landlord entering and viewing while tenant is not there, can I come to your house while you are not there just to have a look around?

Straw man argument since the LL in this example isn't coming "just for a look round" and if that's what the LL had asked for here, the answer should clearly be "no".

However, if you were an estate agent and I was looking to sell my house, then you'd be welcome to come and look round for purposes of a valuation even if I wasnt there.

theartfullodger

Miss_Samantha wrote: »

......The relation between tenant and landlord is governed by the terms of the tenancy. If you do not like them either negotiate others or do not rent.

The relationship is governed by the law (including unfair terms), then by the agreement. Law takes priority.

There may be terms in the agreement which are either break statute/case law (eg "landlord can give tenant 14 days eviction notice under this AST"..) or unfair (therefore tenant would very likely win if it went to court) example...

3.33 The same principles apply to terms giving excessive rights to the landlord to demand access for prospective new tenants or purchasers to view the premises........

(OFT356...
https://www.gov.uk/government/publications/unfair-terms-in-tenancy-agreements--2

or effectively unenforceable.. example: "Grass must be cut every week on a Monday afternoon, north-south one week, east-west next week".

i.e. it is misleading & untrue to merely suggest that

The relation between tenant and landlord is governed by the terms of the tenancy.

without qualification.

But yes, I do appreciate, many landlords & agents try this line & frequently get away with it.

Artful: Wicked & evil landlord....

Miss_Samantha

theartfullodger wrote: »

The relationship is governed by the law (including unfair terms), then by the agreement.

Please stop always posting quotes which do not contribute anything.

Access is governed by the terms of the tenancy.
Reasonable access clauses, including for valuation and surveyors, are neither unfair nor unenforceable.

theartfullodger

Miss_Samantha wrote: »

....Access is governed by the terms of the tenancy.....

Sorry, but that is incorrect:

a) Landlord has a right of access under LL&T Act 1985 S11(6) even if not mentioned in the terms of the tenancy...
http://www.legislation.gov.uk/ukpga/1985/70/section/11
- or are you telling us Samantha that if that isn't mentioned in terms of tenancy landlord can't use it? and...
b) terms of tenancy do not trump the law!

BJV

I am a LL ( I have a few properties ) and am just buying another. I would hate to think that there would be no give and take on both sides. As a LL I expect the tenants I have to look after the property they rent and trust them with the keys to my pension. Metaphorically speaking . The tenants in turn trust me to keep the property in a good state of repair. They do their part and I do mine. I know that I am lucky in that my tenants most certainly are not the tenants from hell and equally I respect that.

Bit unreasonable. I know that arranging viewing for appointments for valuations can be a pain but have to say in my experience it only takes a polite phone call.

OP hope you can get it sorted. & P.s no I would not like anyone walking around my home un supervised. Not that I think that they would do anything but ( the control freak in me ) I just would not like the idea that they have access to my home.

Miss_Samantha

theartfullodger wrote: »

Sorry, but that is incorrect:

Since you are posting a link to the statute you purports to quote, perhaps you should read it first.
The right of access is a term of the lease.

In any case, I don't understand the point of your post apart from being argumentative.