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Landlord’s right to enter: 24 hours’ notice before visiting a property for viewing

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itayshap
itayshap Posts: 20 Forumite
Third Anniversary 10 Posts
edited 17 April 2022 at 11:35AM in House buying, renting & selling
Hello,

I'm trying to find the section in the Housing Act 1988 that addresses the Landlord’s right to enter the property but I cannot seem to find it.

Can someone please point me to the exact section in the Law that addresses this issue? I'm looking for the exact quote.

Here is a link to the Act :

https://www.legislation.gov.uk/ukpga/1988/50

Thank you,

Itay
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Comments

  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Context would be useful here - I suspect you're the landlord wanting access for a viewing but have a tenant that doesn't share your views ?
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    This is often a contractual term not a statutory right.
    What does the tenancy agreement say?
  • MobileSaver
    MobileSaver Posts: 4,339 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 17 April 2022 at 12:08PM
    itayshap said:
    I'm trying to find the section in the Housing Act 1988 that addresses the Landlord’s right to enter the property but I cannot seem to find it.

    Can someone please point me to the exact section in the Law that addresses this issue? I'm looking for the exact quote.

    https://www.legislation.gov.uk/ukpga/1988/50

    Are you referring to the tenant's statutory right to peaceful enjoyment of their home?
    If so then possibly Chapter IV Protection from Eviction, section 29 Offences of harassment:

    (2)

    (3A)the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—

    (a)he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household

    (3B)A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts

    As @Slitherly states, there may also be contractual terms and conditions but the Statute above overrides any contract terms.
    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Viewing for what? Is there a purpose behind it (such as to fix something), is it just a general check up or are we talking a viewing in relation to selling the property?
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    A right to enter varies depending on the risks involved, EG, is this an emergency?  The "emergency" are set out in the rules and not what a LL feels is an emergency.

    T's have too many rights IMO and it is stacked up against the LL.

    It is important to remember that once you enter using your key and they have not consented and are not there, be very careful as you could be accused of all kind of things.

    Please be very careful and it may be worth speaking to a LA and then consider letting out your property via a long-established/good LA , I mean best of a bad bunch.


  • itayshap
    itayshap Posts: 20 Forumite
    Third Anniversary 10 Posts
    edited 17 April 2022 at 12:25PM
    Thank you for your replies,

    I'll clarify what i meant:

    I'm the landlord.
    I'm planning to conduct viewing in order to sell the house, not for finding new tenants at the end of the tenancy. there are five flats in the building and we're interested in selling the house as a whole.

    I searched this issue online about my rights to visit - everywhere it is stated the same:
    "In accordance with the Housing Act 1988, your landlord or letting agent must notify you in writing at least 24 hours before they wish to enter your home"

    so I was curious where is the exact quote as we don't have any contractual terms clearly stated in the AST about our rights to enter the property in the event of conducting viewings.


    Thank you for your help,

    Itay 
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    Having read your posts from 2019, am I guessing rightly this is the house flat conversion property you rent out? Even if it is or not, the 24 notice period as I understand does not give you a right to enter without consent unless it is deemed as an emergency as set out in the rules and even then as I said, be careful, take an independent witness, LA for exmaple. 

    Why do you want to enter within 24 hours or so?
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