Landlord threatening with forced entry

Pixie5740

bobobski wrote: »

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.

!!!!!!? Breach of the lease? Tenants pay for exclusive occupation of the property so they are allowed to have visitors. What clause in an AST have you ever seen that prohibits tenants from having guests?

If you read my posts you will see that I never accused the landlord of trying to breach the TA, quite the opposite in fact, but that the ideal solution is to meet somewhere in the middle.

bobobski

Pixie5740 wrote: »

!!!!!!? Breach of the lease? Tenants pay for exclusive occupation of the property so they are allowed to have visitors. What clause in an AST have you ever seen that prohibits tenants from having guests?

If you read my posts you will see that I never accused the landlord of trying to breach the TA, quite the opposite in fact, but that the ideal solution is to meet somewhere in the middle.

Pixie, I was taking your point and working through its logic having read all the posts in this thread, not putting words in your mouth. I wasn't talking about guests; I meant the situation where the number of occupiers is limited but the tenants get in additional people (i.e. "tenants") who sleep in the living room or wherever on a temporary bed so they can hide it when the landlord comes round and pretend they're complying with the lease. You said we should ask why the landlord can't move the date, and I was simply wondering why the tenant/OP can't do that day - the questions are equally valid. As for landlord breach, I wasn't directing my entire comment to you Pixie, just considering the comments above re trespass etc.

barbiedoll

If LL won't compromise and you think he's going to enter your home without your permission, get some large sheets of paper and a black marker pen and write huge notes along the lines of.....

If you're viewing this property today, please be aware that the landlord has entered my home without permission.

Then stick one in every room.

Of course, if you need a reference, it may make it tricky. And don't use sellotape to stick it to the walls, he'll probably charge you for repainting the whole place

Miss_Samantha

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.

You wrote that I was undoubtedly wrong in my previous pst but now you agree with me?

Right... Welcome to MSE.

Your post simply showed that you did not really understand the topic, so please do not tell other whether they are right or wrong when you are not in a position to judge.

pmlindyloo

Miss_Samantha wrote: »

You wrote that I was undoubtedly wrong in my previous pst but now you agree with me?

Right... Welcome to MSE.

Your post simply showed that you did not really understand the topic, so please do not tell other whether they are right or wrong when you are not in a position to judge.

Dear me, what a hostile post.

I only said I would agree with you if the clause in the tenancy agreement said what I quoted.

In the absence of the OP telling us what his contract actually says then you are making the assumption.

Freecall

How on earth has the routine activity of showing prospective tenants around turned into a full-blown landlord/tenant dispute?

Surely it should go something like this :

LL : Sorry to hear that you are leaving, I'm planning to bring somebody round to have a look at the place on Wednesday.

Tenant : No problem, I'll be out on Wednesday but I'll try and leave it tidy.

Job done!

Arleen

Freecall wrote: »

How on earth has the routine activity of showing prospective tenants around turned into a full-blown landlord/tenant dispute?

Surely it should go something like this :

LL : Sorry to hear that you are leaving, I'm planning to bring somebody round to have a look at the place on Wednesday.

Tenant : No problem, I'll be out on Wednesday but I'll try and leave it tidy.

Job done!

This a million times. When renting in London many of the places I viewed, during office hours, were still occupied but the tenants were simply not in. It wasn't odd, and I didn't nosedive into their laundry basket, but a perfectly normal thing to happen.

Or to put a different spin on it, if you didn't trust your landlord with access to your home when he asked permission, understand that he could access it, albeit illegally, at any time as he holds the keys. Did someone lift your toaster without a trace lately that there is such mistrust in your LL?

Twopints

Freecall wrote: »

How on earth has the routine activity of showing prospective tenants around turned into a full-blown landlord/tenant dispute?

Surely it should go something like this :

LL : Sorry to hear that you are leaving, I'm planning to bring somebody round to have a look at the place on Wednesday.

Tenant : No problem, I'll be out on Wednesday but I'll try and leave it tidy.

Job done!

Or:

Tenant: Sorry that day is not convenient but any other day will be fine.

LL: OK , I'll get back to you with a date and time that is convenient.

fishpond

So, as always seem to be the case, the definitive answer is not forthcoming and it has turned into a slanging match between certain members.
Or is the tenant hiding something and does not want the LL rooting through drawers/reporting the tenant to the police for use of illegal substances.:D

Balabalabala_and_Volare

To answer the OP. No, the LL cannot simply gain access to your home, against your wishes, because it says he can in the t/agreement. Obviously, he CAN do so with your express or implied permission but, as you have already advised him that the date proposed isn't agreeable, he clearly doesn't have that permission REGARDLESS OF ANY CLAUSE IN ANY AGREEMENT.

Of course, the LL may argue that you are breaching the terms of the tenancy agreement and seek to invoke the legal redress open to him, which is to serve you a S8 notice and/or seek to secure a court order granting him access.

As always, regardless of the above, a negotiated agreement between both parties would be the best solution and it is always wise to put everything in writing and keep copies.

Your local council may have a department who deal with issues such as harassment and/or illegal eviction.