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

itayshap

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

k3lvc

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

This is often a contractual term not a statutory right.

What does the tenancy agreement say?

MobileSaver

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.

Gavin83

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

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

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

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?

theartfullodger

Wrong Act: You are looking for 1985 Landlord and Tenant Act s11(6) - see..
https://www.legislation.gov.uk/ukpga/1985/70/section/11

### (6)  In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.   ####

Note this is only for landlord to inspect the place to make sure it's OK for the tenant, not to permit many of the other things they might want to do e.g. Valuations, checking if tenant is behaving, to take photos to put the place on the market etc etc.. For all these things a landlord needs to ask (calm, polite) the tenant please is it OK if I... And the tenant has the absolute right to decline.  Note the reasonable times (so eg if tenant works nights then during the day is not reasonable) and in writing (so a voicemail is not OK). 

There is nothing to prevent a landlord knocking on door anytime and politely enquiring if it's OK to come in mind... but I'd not do that 

For a longer discussion on this matter see...
https://forums.landlordzone.co.uk/forum/residential-letting-questions/27235-l-s-right-of-access-for-inspection-or-viewing

Done any training in how to be a landlord, please?

How would you feel if tenant wanted to pop round and view you place on 24 hours notice, please? Genuine question, interested in your view, please, I humbly enquire.

Artful: Wicked and evil capitalistic landlord

k3lvc

itayshap said:

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 

So in your other post (How to make sure I'm dealing with serious and keen buyer right from the start - Page 2 — MoneySavingExpert Forum) you're looking to ascertain how potential buyers are proceed-able/serious yet you're trying to sell a house with 5 separate sets of tenants in situ and apparently no understanding of their rights 


Forgive the pun but you really need to be getting your own house in order before worrying about whether any potential buyers are serious

MobileSaver

itayshap said:

I'm planning to conduct viewing in order to sell the house,

Basically you have no legal right to conduct viewings while the tenant still lives there unless you can persuade the tenant to allow you to do so.

Perhaps the tenant would be happy to disappear or stay out of the way for an hour if you offered them £50 each time? If the tenant says no then you will simply have to wait until the tenancy has ended and the tenant has left.