Entering rented property (just because you have a key)

Gaberdeen

You're definitely not being over-sensitive.

I don't know where housebuyer143 got that nugget about "most landlords do it" or "most people don't care"

I'm a Landlord and would never just let myself in to what is my tenants home without prior approval -

I also rented for 10 years and would not have been comfortable with anyone, landlord or not just letting themselves in without appointment.

Different in emergencies, obviously, but your situation is very clearly not one of those.

BungalowBel

When we had our BTL flat, we always changed the lock between tenancies.  We'd keep the old lock and put that back the next time (reasoning being, any old keys that may have been kept will not be used after six months or longer).

I would have no objection to a tenant changing locks, as long as they informed me they were doing so and also gave me a key.  NOT so I could let myself in without permission but in case I needed to get in for an emergency.  Also, it may be their home, but it is my property and so therefore I think I should  have a key.

I don't think that landlord has done much that is wrong, he has informed the tenants of his intention to do work.  However, he should NOT let himself in without their permission.  Maybe he thinks by saying he has a key he is misguidedly trying to do them a favour and saying they need not put themselves out  to have someone in the house.  But until he has their permission, he should not come in the house.

_Penny_Dreadful

Gaberdeen said:

I'm a Landlord and would never just let myself in to what is my tenants home without prior approval -

BungalowBel said:

However, he should NOT let himself in without their permission. 

The landlord already has implied permission due to 3 pieces of legislation and most likely there is a clause in the tenancy agreement agreeing to access for maintenance providing the required 24 hours written notice is provided.

BikingBud

Access and unaccompanied access are clearly quite different.

How many would allow a workman into their "owned" home unaccompanied?

Perhaps a trusted tradesman after you have built a relationship but first time you'd want to be there.

RHemmings

_Penny_Dreadful said:

Gaberdeen said:

I'm a Landlord and would never just let myself in to what is my tenants home without prior approval -

BungalowBel said:

However, he should NOT let himself in without their permission. 

The landlord already has implied permission due to 3 pieces of legislation and most likely there is a clause in the tenancy agreement agreeing to access for maintenance providing the required 24 hours written notice is provided.

This cannot overrule the tenant's right to quiet enjoyment of the property. If the landlord gives notice, and the tenant replies that the time/date is not suitable, then the landlord can't legally enter. They can sue for access through the courts if the tenant consistently refuses access. 

In situations like this, I would always respond that the time/date was not suitable, but suggest a few other date/times reasonably soon when the landlord can visit. It always worked out. 

_Penny_Dreadful

RHemmings said:

_Penny_Dreadful said:

Gaberdeen said:

I'm a Landlord and would never just let myself in to what is my tenants home without prior approval -

BungalowBel said:

However, he should NOT let himself in without their permission. 

The landlord already has implied permission due to 3 pieces of legislation and most likely there is a clause in the tenancy agreement agreeing to access for maintenance providing the required 24 hours written notice is provided.

This cannot overrule the tenant's right to quiet enjoyment of the property. If the landlord gives notice, and the tenant replies that the time/date is not suitable, then the landlord can't legally enter. They can sue for access through the courts if the tenant consistently refuses access. 

In situations like this, I would always respond that the time/date was not suitable, but suggest a few other date/times reasonably soon when the landlord can visit. It always worked out. 

Quiet enjoyment is not an absolute right. It doesn’t override the landlord’s right to access the property to carry out their legal repairing obligations. The tenant will be in breach of contract. 

Smalltownhypocrite

housebuyer143 said:

I think you are being a bit sensitive. Lots of landlords just let themselves in and most people don't care.. If you do, then that's completely fine just reply with something along the lines of "thanks for letting me know, I would prefer someone be at the property rather than you just coming in with the key, so my son will be there to meet you".

Hopefully this also gives them pause for next time they are thinking of just using the key.

Erm... no they do NOT.

You are not allowed to enter a property unless their is an emergancy situation (fire/flood/gas leak etc...) and notice given is simply a request to enter, you need the tenant agreement/permission.

Do not pretend illegal activity is normal, OP pays for exclusive quiet enjoyment of her property.

saajan_12

Kittenplump_2 said:

housebuyer143 said:

I think you are being a bit sensitive. Lots of landlords just let themselves in and most people don't care.. If you do, then that's completely fine just reply with something along the lines of "thanks for letting me know, I would prefer someone be at the property rather than you just coming in with the key, so my son will be there to meet you".

Hopefully this also gives them pause for next time they are thinking of just using the key.

A bit sensitive? We have a contract signed and as tenants should not expect landlords to just turn up and let themselves in. It may be their property but it’s courtesy to actually ask if someone is around and just not express they have a key so will come in anyway. We have possession of the property under the contract we have signed. Landlords should just not be letting themselves in! Not just dropping a message informing just to let us know etc. 

Youre conflating things between the contract and courtesy. Per the contract, you would have already given permission for them to access given 24 hours notice. Notice means they tell you not ask you. So by the letter of the contract, you're wrong. Also they aren't just turning up, they've let you know beforehand. 

Now relationships do work with some politeness and courtesy, so they could phrase it better, and only revert to the contractual notice if absolutely necessary (eg if you refuse all reasonable requests). However so could you phrase it better - by saying you'll help with access by being there, its not clear whether you WANT to be there or are being helpful by being there. I think the sensitive bit is reacting to what could be a misunderstanding before clarifying that. 

RHemmings

_Penny_Dreadful said:

RHemmings said:

_Penny_Dreadful said:

Gaberdeen said:

I'm a Landlord and would never just let myself in to what is my tenants home without prior approval -

BungalowBel said:

However, he should NOT let himself in without their permission. 

The landlord already has implied permission due to 3 pieces of legislation and most likely there is a clause in the tenancy agreement agreeing to access for maintenance providing the required 24 hours written notice is provided.

This cannot overrule the tenant's right to quiet enjoyment of the property. If the landlord gives notice, and the tenant replies that the time/date is not suitable, then the landlord can't legally enter. They can sue for access through the courts if the tenant consistently refuses access. 

In situations like this, I would always respond that the time/date was not suitable, but suggest a few other date/times reasonably soon when the landlord can visit. It always worked out. 

Quiet enjoyment is not an absolute right. It doesn’t override the landlord’s right to access the property to carry out their legal repairing obligations. The tenant will be in breach of contract. 

Yes, the tenant will be in breach of contract. As I said, the landlord can sue for access through the courts. But, the landlord doesn't have the right to just enter if the tenant forbids that. If it's not an emergency and they don't have a court order. 

saajan_12

Smalltownhypocrite said:

housebuyer143 said:

I think you are being a bit sensitive. Lots of landlords just let themselves in and most people don't care.. If you do, then that's completely fine just reply with something along the lines of "thanks for letting me know, I would prefer someone be at the property rather than you just coming in with the key, so my son will be there to meet you".

Hopefully this also gives them pause for next time they are thinking of just using the key.

Erm... no they do NOT.

You are not allowed to enter a property unless their is an emergancy situation (fire/flood/gas leak etc...) and notice given is simply a request to enter, you need the tenant agreement/permission.

Do not pretend illegal activity is normal, OP pays for exclusive quiet enjoyment of her property.

Incorrect. The meaning of "notice" is a notification or warning, nothing about requesting and it doesn't change its normal English definition when talking about tenancies. Most ASTs state that the LL CAN enter upon 24 hours notice for reasonable purposes, so permission is already given at that point. If its not to frequent and at reasonable times, then that does not contravene quiet enjoyment. 

Do not pretend normal, legal activity is illegal, OP pays for a property that legitimately needs to be accessed at times.