Landlord threatening with forced entry

tenant2017

I am a private tenant and my tenancy contract is coming to an end this month. My landlord has requested for a visit for viewing for prospective tenants. Unfortunately the date he has asked for is not a suitable one for me for strong reasons. I offered a different date. But he doesnt want to take the alternative date and adamant that he will visit on the date he asked for. I refused to accept it. Now he is threatening to make forced entry. he is using the clause in my tenancy contract that I should permit prospective tenants to view the property.

I need your advice on how to handle this situation. Unfortunately I cant accept the date he wants, but I am willing to offer any other date.

Thanks in advance.

pmlindyloo

tenant2017 wrote: »

I am a private tenant and my tenancy contract is coming to an end this month. My landlord has requested for a visit for viewing for prospective tenants. Unfortunately the date he has asked for is not a suitable one for me for strong reasons. I offered a different date. But he doesnt want to take the alternative date and adamant that he will visit on the date he asked for. I refused to accept it. Now he is threatening to make forced entry. he is using the clause in my tenancy contract that I should permit prospective tenants to view the property.

I need your advice on how to handle this situation. Unfortunately I cant accept the date he wants, but I am willing to offer any other date.

Thanks in advance.

Can you say exactly what the clause is in your tenancy agreement relating to viewings? Does it say anything about 'reasonable times'.

In any case you have the following options.

1. Change the locks.
2. Arrange for a friend to be there to accommodate the viewing.

Seems reasonable to allow viewings as you are going to leave soon. Do you need a reference from this landlord?

You could be totally stubborn and not allow any viewings but this seems unreasonable. On the other hand the landlord should be reasonable too and alter the date.

Personally I would go for number two but if this is not possible then just change the locks and put them back before you leave.

pinkshoes

If the date is not convenient, then perhaps offer several other dates for viewings that are convenient.

I would temporarily change the locks (changing them back before you leave) to prevent the LL entering.

FIRSTTIMER

Hmm I always have a problem when a tenant decides not to allow a LL entry as its literally like one day a year for say an hour - even if its at 7am or 10pm you could surely squeeze it in.

Miss_Samantha

He isn't threatening 'forced entry'. He is simply threatening to go ahead with the visit as per the terms of your tenancy.

abinanthanb

Thanks for the replies. As I mentioned, it's the date he wants is unsuitable for me. I offered different date as alternate, but he is stubborn with his date.

I am trying to be fair to him by offering an alternate. As a tenant paying the rent promptly, do I not have a say on what date I could allow for a viewing? I spoke to Shelter, they advised except for repairs or emergencies, I don't need to allow any visit. I am not going to that extreme, just asking him to change the date.

As for threatening forced entry, his wordings were in that tone. He said regardless of my agreement, he will be coming on that date and enter my house.

pmlindyloo

Miss_Samantha wrote: »

He isn't threatening 'forced entry'. He is simply threatening to go ahead with the visit as per the terms of your tenancy.

Now you know this is wrong.

The tenant has not given permission so, in effect, it is trespass.

This has been discussed so often that I am surprised that you post this once again.

The arguments for quiet enjoyment verus landlord's clauses in contract have been 'done to death' on this forum but, in effect, the LL can only enter without permission for an emergency or with a court order.

OP, give alternate dates, arrange a friend to be present or change the locks.

If the LL is turning 'nasty' then write a letter saying that you are happy to allow viewings when it is convenient to you as you wish to be present. You are entitled to quiet enjoyment of your property and do not wish other people in your property with access to your personal possessions without your presence.

Miss_Samantha

pmlindyloo wrote: »

Now you know this is wrong.

The tenant has not given permission so, in effect, it is trespass.

This has been discussed so often that I am surprised that you post this once again.

I post this once again because indeed this has been discussed so often that I am surprised that people continue not to get it.

The tenant has given permission, that's what the clause in the tenancy agreement is for. If the landlord follows the terms of that clause to gain access there is no trespass.

Gaining access pursuant to a term of the tenancy isn't a breach of quiet enjoyment.

If you don't want that then do not accept terms allowing the landlord to gain access for viewing instead of trying to go back on your word later.

Lastly, 'forced entry' has a specific meaning and it is not what OP means as far as I understand it.

abinanthanb

pmlindyloo wrote: »

Now you know this is wrong.

The tenant has not given permission so, in effect, it is trespass.

This has been discussed so often that I am surprised that you post this once again.

The arguments for quiet enjoyment verus landlord's clauses in contract have been 'done to death' on this forum but, in effect, the LL can only enter without permission for an emergency or with a court order.

OP, give alternate dates, arrange a friend to be present or change the locks.

If the LL is turning 'nasty' then write a letter saying that you are happy to allow viewings when it is convenient to you as you wish to be present. You are entitled to quiet enjoyment of your property and do not wish other people in your property with access to your personal possessions without your presence.

Thanks for the response. Since he communicated via email, I replied to the same. I have clearly offered alternative dates in my response and he straight away refused to change it. I have tried to get a friend, unfortunately I couldn't get one in short notice and since it's the first day after holidays, evenryone will be busy. I am hoping in the last minute I could get someone to agree, but at the moment it's not happening. My worry is if I can't get one and haven't given the permission to enter, what should I do if he goes ahead?

In his latest response he is saying that if he can't enter by any chance on that date, he will charge me for breach of peace. It's worrying.

pmlindyloo

abinanthanb wrote: »

Thanks for the response. Since he communicated via email, I replied to the same. I have clearly offered alternative dates in my response and he straight away refused to change it. I have tried to get a friend, unfortunately I couldn't get one in short notice and since it's the first day after holidays, evenryone will be busy. I am hoping in the last minute I could get someone to agree, but at the moment it's not happening. My worry is if I can't get one and haven't given the permission to enter, what should I do if he goes ahead?

In his latest response he is saying that if he can't enter by any chance on that date, he will charge me for breach of peace. It's worrying.

He's talking nonsense. What breach of peace?

Continue trying to get a friend to be there as this is the simplest answer.

If this is impossible then change the locks.

(There should be a video of how to do this - will try and find it)

pmlindyloo

Miss_Samantha wrote: »

I post this once again because indeed this has been discussed so often that I am surprised that people continue not to get it.

The tenant has given permission, that's what the clause in the tenancy agreement is for. If the landlord follows the terms of that clause to gain access there is no trespass.

Gaining access pursuant to a term of the tenancy isn't a breach of quiet enjoyment.

If you don't want that then do not accept terms allowing the landlord to gain access for viewing instead of trying to go back on your word later.

Lastly, 'forced entry' has a specific meaning and it is not what OP means as far as I understand it.

It would be useful to know what the clause in the tenancy agreement says relating to this.

If it says 'the tenant will agree for the LL to enter the property at any time during the last 28 days to do viewings with or without the tenant's permission' then I would agree with you.