Landlord threatening with forced entry

Twopints

FIRSTTIMER wrote: »

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.

Hmm I always have a problem when a LL decides to demand entry as there are literally like lots of other days. He could surely rearrange for another day even if it is at 7am; he doesn't need to squeeze anything in. :beer:

FBaby

Is this the first visit? Done by him or the agent? If it's the first, he might think that you are making a point about not being prepared to be flexible, hence his reaction.

I assume that the other dates you offered were only the next day or so, because if you offered one/two weeks later, I can understand they would not take up your offer. If it was the following day, then he is being unreasonable and I would warn him that the locks are being change that evening.

pmlindyloo

You need to google about changing the locks as it depends on the type.

Pixie5740

pmlindyloo wrote: »

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

Yes it would be useful if the OP quoted the exact wording in the tenancy agreement regarding access to the property by landlord or agent.

pmlindyloo wrote: »

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.

The text below in blue has been directly lifted from the model AST on the .gov.uk website:

Access for the purposes of selling or re-letting the property
6.2 Provided the Landlord has given the Tenant at least 24 hours’ prior notice in writing, the Tenant must give the Landlord (or any person acting on behalf of the Landlord) access to the Property at reasonable times of day in the following circumstances for the purposes specified:

(a) where the Tenant has given notice under clause F2 (Tenant’s rolling 3 month break clause), to show prospective tenants or purchasers, letting agents or estate agents around the Property, but only during the last 3 months of the Tenancy;
(b) where the Landlord has served a notice on the Tenant under clause F3 stating his intention to sell the property, to show estate agents or prospective purchasers around the Property; and
(c) during the last month of the Tenancy, for any of the purposes mentioned in paragraph (a) above.

In the clauses above the tenant gave permission to the landlord or an agent to access the property to conduct viewings under certain circumstances when the tenant signed the tenancy agreement. Whilst it is speculation that the OP's tenancy agreement includes a similar clause if I had to put my money where my mouth is I would put it on the clause being there.

The OP and the landlord should be able to come to some arrangement that suits them both to avoid escalating the situation. The OP has offered some alternative dates and it would be nice if the landlord could meet the OP half way.

tom9980

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.

You haven't been unreasonable i don't think, however if you step in to the Landlords shoes maybe that is the only date he can visit or indeed the people he needs to let in can visit. In such a situation its hard to say the Landlord can do anything other than insist given you have almost certainly agreed to this when you signed the tenancy agreement, as Pixie shows later in this thread its a very standard clause written into every agreement i have seen in the past 5+ years.

So i think we need to ask why you really don't want the Landlord in the property on this date? is it simply because nobody can be present to supervise them? What possible reason is there for you to object to this visit on this day other than your fear of them being unsupervised?

pmlindyloo

Access for the purposes of selling or re-letting the property
6.2 Provided the Landlord has given the Tenant at least 24 hours’ prior notice in writing, the Tenant must give the Landlord (or any person acting on behalf of the Landlord) access to the Property at reasonable times of day in the following circumstances for the purposes specified:

Being really pedantic it could be argued that that the tenant does not find the proposed time of the day 'a reasonable time'.

Plus, it says the tenant must give access which begs the question as to what giving access actually means. Does it mean the tenant needs to be there to give access?

Still of the opinion that the tenant needs to give permission for the LL to enter!

Miss_Samantha

pmlindyloo wrote: »

Being really pedantic it could be argued that that the tenant does not find the proposed time of the day 'a reasonable time'

'Reasonable time of day' essentially means during business hours as opposed to the middle of the night.

Pixie5740

pmlindyloo wrote: »

Still of the opinion that the tenant needs to give permission for the LL to enter!

The tenant has given permission. The tenant gave permission by signing a tenancy agreement with a clause saying the landlord could have access under certain circumstances.

Access doesn't mean the tenant has to be there to give access just that the landlord has access.

If a compromise cannot be found then the OP could escalate things by changing the locks and preventing the landlord from having access. The landlord could then go to court to enforce the clause in the tenancy agreement. The OP could then be landed with the court costs.

Perhaps the OP should ask the landlord why the other dates aren't suitable. If it's simply because the landlord is unavailable on the alternative dates the OP could offer to conduct the viewings liaising directly with the prospective tenants to arrange the time and date.

Cinders:

Op, why the different usernames? You started the thread with as a new user, then replied to comments under a different name.

bobobski

Pixie5740 wrote: »

Perhaps the OP should ask the landlord why the other dates aren't suitable. If it's simply because the landlord is unavailable on the alternative dates the OP could offer to conduct the viewings liaising directly with the prospective tenants to arrange the time and date.

But doesn't it go both ways? Why won't the OP let the landlord in on that specific day? It could be anything under the sun, but if my friends' situations are anything to go by, it's because there's someone staying in the property (unauthorised and in breach of the lease) and they wouldn't have time to put away the inflatable mattress or whatever before the landlord rocks up with the new viewer. If in breach of the lease, I wouldn't start throwing provisions back at the landlord claiming breach on his part.