Landlord demanding entry when flat unattended for examination

Craigdav1993

Hello everyone.

We received an email from the landlord of our flat (they own all flats in the building) informing us of an verification of the HIU heating unit by the heating billing company this week accompanied by the building management.

They said that they will attend through the day and if there is no answer they will access the flat with management key.

We informed the landlord that we have a 3 hour window to allow access and happy to welcome the engineers, however we do not grant access to the property if we are not home (due to valuables and personal belongings being unattended)

Landlord claims they have a right to access the property and will access either way we are home or not but will try to come at those times we are free.

As this is not a repair but simply an verification of the unit (for billing purposes by our understanding) and is being conducted in all flats, do we have a right to refuse entry when the flat is unattended?

We said we are happy to accomodate between those hours or to reschedule if needed, but refused them permission to entry if no answer.

Landlord has gone quiet once I stated the 1985 Lan. And Ten. Act.

If they gain access ( we have cctv ) can we report this to the police when we specifically refused them permission to access?

Do they have a right to access for a verification when no one is home?

Tenancy agreement states the following:

To permit the Landlord or his Agent with or without workmen upon a minimum of forty eight hours notice (except in an emergency) to enter the Property for the purpose of examining the Property and the Contents therein and for the purpose of carrying out any repairs or alterations that may be necessary during the tenancy pursuant to the Landlord’s repairing obligations

No mention of being in the property or not.

many thanks!

Craigdav1993

Craigdav1993 said:

Hello everyone.

We received an email from the landlord of our flat (they own all flats in the building) informing us of an verification of the HIU heating unit by the heating billing company this week accompanied by the building management.

They said that they will attend through the day and if there is no answer they will access the flat with management key.

We informed the landlord that we have a 3 hour window to allow access and happy to welcome the engineers, however we do not grant access to the property if we are not home (due to valuables and personal belongings being unattended)

Landlord claims they have a right to access the property and will access either way we are home or not but will try to come at those times we are free.

As this is not a repair but simply an verification of the unit (for billing purposes by our understanding) and is being conducted in all flats, do we have a right to refuse entry when the flat is unattended?

We said we are happy to accomodate between those hours or to reschedule if needed, but refused them permission to entry if no answer.

Landlord has gone quiet once I stated the 1985 Lan. And Ten. Act.

If they gain access ( we have cctv ) can we report this to the police when we specifically refused them permission to access?

Do they have a right to access for a verification when no one is home?

Tenancy agreement states the following:

To permit the Landlord or his Agent with or without workmen upon a minimum of forty eight hours notice (except in an emergency) to enter the Property for the purpose of examining the Property and the Contents therein and for the purpose of carrying out any repairs or alterations that may be necessary during the tenancy pursuant to the Landlord’s repairing obligations

No mention of being in the property or not.

many thanks!

Also they did give 48 hours notice.

MaryNB

They don't have a right to enter, even for repairs. They only way the could justify it if it was an emergency. 

Your right to peaceful enjoyment of the property overrides what's written in the tenancy agreement. 

user1977

Craigdav1993 said:

If they gain access ( we have cctv ) can we report this to the police 

What offence would you be reporting?

The police aren't going to be interested in landlord/tenant disputes. If you don't want the landlords coming in, change the lock.

Craigdav1993

user1977 said:

Craigdav1993 said:

If they gain access ( we have cctv ) can we report this to the police 

What offence would you be reporting?

The police aren't going to be interested in landlord/tenant disputes. If you don't want the landlords coming in, change the lock.

Report for Trespassing. Unless they have a court order to access the property.

AdrianC

user1977 said:

If you don't want the landlords coming in, change the lock.

This is by far and away the easiest solution.

Prevention, not after-the-event complaining.

user1977

Craigdav1993 said:

user1977 said:

Craigdav1993 said:

If they gain access ( we have cctv ) can we report this to the police 

What offence would you be reporting?

The police aren't going to be interested in landlord/tenant disputes. If you don't want the landlords coming in, change the lock.

Report for Trespassing.

Which isn't a criminal offence.

Craigdav1993

AdrianC said:

user1977 said:

If you don't want the landlords coming in, change the lock.

This is by far and away the easiest solution.

Prevention, not after-the-event complaining.

Unfortunately we have to provide a set of keys to the landlord as stated in the Tenancy Agreement. This means they would still have access to the property.

user1977

Craigdav1993 said:

AdrianC said:

user1977 said:

If you don't want the landlords coming in, change the lock.

This is by far and away the easiest solution.

Prevention, not after-the-event complaining.

Unfortunately we have to provide a set of keys to the landlord as stated in the Tenancy Agreement. This means they would still have access to the property.

How would they find out that their set of keys doesn't work, other than if they were trying to gain access when they weren't authorised?

Slithery

Craigdav1993 said:

AdrianC said:

user1977 said:

If you don't want the landlords coming in, change the lock.

This is by far and away the easiest solution.

Prevention, not after-the-event complaining.

Unfortunately we have to provide a set of keys to the landlord as stated in the Tenancy Agreement.

No, you don't.

Craigdav1993

Slithery said:

Craigdav1993 said:

AdrianC said:

user1977 said:

If you don't want the landlords coming in, change the lock.

This is by far and away the easiest solution.

Prevention, not after-the-event complaining.

Unfortunately we have to provide a set of keys to the landlord as stated in the Tenancy Agreement.

No, you don't.

Unfortunately we do as stated in the tenancy agreement.

This is something we were ok with but that is playing against us now that we are refusing permission if the property is unattended.


“Not to make or have made any duplicate keys to the Property or to replace or add any new locks to the Property without the previous written consent of the Landlord or his Agent and in the event of such consent being forthcoming the Tenant undertakes that one full set of keys to the new locks shall at all times be provided at the Tenant’s expense to the Landlord or his Agent”