Landlord just let himself in.......

RAS

cyberbob wrote: »

On a normal english Short hold tennancy the landlord has to give 24 hours unless in an emergency or other time written into the lease. Check the lease

Actually even if it says he has the right of entry under English law, this is void as the law states that the tenant has the right of quiet enjoyment.

OP, you friend needs to start keeping proper records of all communications and he needs to take advice. LL needs to be informed in writing that his behaviour to date is haressment and he can get a hefty fine.

link to the thread on this http://forums.moneysavingexpert.com/showthread.html?t=2392137

elvis86

On a similar subject...

I have just sat in for 2 hours, having left work an hour early, because my letting agents notified me that they wanted to carry out an inspection between 4.30 and 6.00pm (incidentally they only informed me on Monday, so pretty short notice!).

There is no requirement for me to be present when they do these inspections, but it is my personal preference that I don't want someone wandering around my home when I'm not in. Our letting agents have proven time and time again that they're pretty incompetent, so I'd rather not risk it.

My question therefore, is can I now state to the letting agents that I do not permit them to access the property in my absence, and dictate a time that suits ME? I'm not talking Sunday evening at 9.00pm or anything, but maybe between 5.30 and 6.00 so that I don't have to leave the office early?

I won't be able to contact them until the morning, so a bit of reassurance that it would be reasonable of me to do this would be much appreciated!:)

stanleyunwin

cyberbob wrote: »

On a normal english Short hold tennancy the landlord has to give 24 hours unless in an emergency or other time written into the lease. Check the lease

It was two years ago Bob, the Landlord has probably gone by now

elvis86

stanleyunwin wrote: »

It was two years ago Bob, the Landlord has probably gone by now

Lol. How strange, I'd not realised it was a historical thread that had been bumped!:D

My question still stands though, if anyone can help???

dopester

cyberbob wrote: »

On a normal english Short hold tennancy the landlord has to give 24 hours unless in an emergency or other time written into the lease. Check the lease

I think they tenant also has to agree to allow them access even after 24 hour notice. It's not just a 24 hour notice and then landlord has given themselves full rights to enter, because they are so excellent and magnificent and tenants are just ungrateful peasants they generously allow a roof over their heads. The tenant has to agree. Get it in to your heads.

http://www.propertyinvestmentproject.co.uk/blog/landlords-right-of-entry/

Some people still think it's the 1970s.
http://www.youtube.com/watch?v=A3Un5Zj6WQ0

tbs624

RAS wrote: »

Actually even if it says he has the right of entry under English law, this is void as the law states that the tenant has the right of quiet enjoyment.

The LL's right to inspect ( in line with s11 repairing obligations) and the T's right to QE are both implied terms in ASTs courtesy of Statute.

It's about both parties being reasonable and aiming for a mutuall y convenient day and time. That said if the T refuses access then the LL would have to seek a court order to enforce access or face the risk of a charge of tenant harassment if they tried to simply let themselves in . The T, in return, can expect to struggle over repairs not addressed and is likely to find themselves looking for a new home at the earliest possible legal opportunity.

tbs624

elvis86 wrote: »

On a similar subject...

I have just sat in for 2 hours, having left work an hour early, because my letting agents notified me that they wanted to carry out an inspection between 4.30 and 6.00pm (incidentally they only informed me on Monday, so pretty short notice!).

There is no requirement for me to be present when they do these inspections, but it is my personal preference that I don't want someone wandering around my home when I'm not in. Our letting agents have proven time and time again that they're pretty incompetent, so I'd rather not risk it.

My question therefore, is can I now state to the letting agents that I do not permit them to access the property in my absence, and dictate a time that suits ME? I'm not talking Sunday evening at 9.00pm or anything, but maybe between 5.30 and 6.00 so that I don't have to leave the office early?

I won't be able to contact them until the morning, so a bit of reassurance that it would be reasonable of me to do this would be much appreciated!:)

Some LAs do get people's backs up but using phrases like "dictate to them" may get you off to a bad start

I have never been able to understand why LAs are seemingly incapable of booking a mutually convenient date and approx time 3 months iin advance.

Ts should always advise their LA/LL, in a friendly letter, that they wish to be present at all inspections, that they don't consent to access being made in their absence and that they'd like to have as much notice as possible. In your case, elvis86 I would have said "I wish to be present at all inspections, am happy with the date but ,awfully sorry, can't be there until 6pm . If that's no good to you can we fix another time and day"

As this is an issue which crops up regularly on here, maybe Ts should think about campaigning for the law to be more specific about such inspections being undertaken at mutual convenience. The relevant statute was, after all, drafted at a time when people's working patterns were very different.

princeofpounds

The LL's right to inspect ( in line with s11 repairing obligations) and the T's right to QE are both implied terms in ASTs courtesy of Statute.

True, but they would have to go to court to enforce it if a tenant refused to let them in (say for a gas certificate check). They do not have a right of entry even if they do give notice.

The law on this sort of thing is quite clear. A tenant has a right to quiet enjoyment, which means they can bar LL/A from entry at any point they choose.

This overrides any clause in the contract (as contract cannot override statute), although if the contract gives permission for entry that stands until the tenant actively revokes it.

On the other hand, with 24 hours notice a landlord is allowed to inspect if no active objection is received. The landlord doesn't need active permission, only a lack of objection.

The only exception where the LL/A can force entry is in emergency situations, which basically means things like gas and water leaks.

The landlord does have a right to be able to enforce his section 11 repairing obligations but that doesn't mean he has a right to force entry to do so - as I said, he has to apply for a court order (or evict the tenant).

Finally, the whole thing is a bit meaningless anyway, because all the above issues are civil issues, so if they are contravened the only remedy is to sue, and you won't win anything unless damage has been caused and can be quantified. There isn't a crime of trespass in these circumstances (although ther might be one of harrassment if the behaviour is repeated and threatening).

Plus, if things aren't resolved amicably it will usually result in one party ending the tenancy anyway soon enough.

FATBALLZ

elvis86 wrote: »

On a similar subject...

I have just sat in for 2 hours, having left work an hour early, because my letting agents notified me that they wanted to carry out an inspection between 4.30 and 6.00pm (incidentally they only informed me on Monday, so pretty short notice!).

There is no requirement for me to be present when they do these inspections, but it is my personal preference that I don't want someone wandering around my home when I'm not in. Our letting agents have proven time and time again that they're pretty incompetent, so I'd rather not risk it.

My question therefore, is can I now state to the letting agents that I do not permit them to access the property in my absence, and dictate a time that suits ME? I'm not talking Sunday evening at 9.00pm or anything, but maybe between 5.30 and 6.00 so that I don't have to leave the office early?

I won't be able to contact them until the morning, so a bit of reassurance that it would be reasonable of me to do this would be much appreciated!:)

I tell the letting agents what times are acceptable. They whined at first but have learned to accept being told how it is. If you want a specific time, tell them it's that time or not at all. don't negotiate. thats not to say be completely unreasonable, but don't be pushed into putting yourself out for no benefit to yourself.

dawyldthing

my landlord lets himself in as and when he wants to, its nothing but annoying. Hes caught people naked, shown people around without letting us know and everything. He knows he should give 24 hours notice, but never bothers so I do sympathise as its a pain in the !!!