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europbaron

Landlord's Right Of Entry?

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Here is the draft of a letter that my landlord will be receiving today. Does anyone know whether it is illegal for a landlord to breach my right to enjoy exclusive possession and quiet enjoyment of the property? Has anyone any advice on how to further deal with this (other than leaving)? I have had many other problems with the letting agent (lost letters, maintenance not done/done poorly, appointments missed etc) but cannot move out at the moment as I plan on moving to another part of the country in 3 months or so anyway.

Dear Mr XXXX,

I am writing to complain about repeated unauthorised entry to the above address by representatives of Mayfair Properties.

As the tenant of this flat I am entitled to enjoy exclusive possession and quiet enjoyment of this property. I do not consider entry for inspections and non-emergency maintenance to be good reason for entry to the property without my permission or without giving me notice.

I complained about this (by telephone) when I returned from holiday in August to find that there was new sealant around some of the bath (the standard of workmanship of this job was appalling but that is another matter). The problem had been reported two weeks earlier by the occupant of the flat below me and so this repair could hardly be considered an emergency - especially as the bath and shower where unused in my absence. No attempt was made by either mail or telephone to contact me to obtain entry to do this repair.

Yesterday (22nd December) I returned from work to find a letter dated 19th December that had been hand delivered. This letter was not there at the close of business on the 21st December. The letter informed me that a flat inspection would take place at 10 am on the 22nd December. I find this "retrospective notice" completely unacceptable. I trust that you would be similarly upset if I were to terminate the letting agreement by pre-dating a letter of notice.

I await your assurance that representatives of your company will immediately desist from this practice.

Yours sincereley,

xxxxxxx

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Here is the draft of a letter that my landlord will be receiving today. Does anyone know whether it is illegal for a landlord to breach my right to enjoy exclusive possession and quiet enjoyment of the property? Has anyone any advice on how to further deal with this (other than leaving)? I have had many other problems with the letting agent (lost letters, maintenance not done/done poorly, appointments missed etc) but cannot move out at the moment as I plan on moving to another part of the country in 3 months or so anyway.

Dear Mr XXXX,

I am writing to complain about repeated unauthorised entry to the above address by representatives of Mayfair Properties.

As the tenant of this flat I am entitled to enjoy exclusive possession and quiet enjoyment of this property. I do not consider entry for inspections and non-emergency maintenance to be good reason for entry to the property without my permission or without giving me notice.

I complained about this (by telephone) when I returned from holiday in August to find that there was new sealant around some of the bath (the standard of workmanship of this job was appalling but that is another matter). The problem had been reported two weeks earlier by the occupant of the flat below me and so this repair could hardly be considered an emergency - especially as the bath and shower where unused in my absence. No attempt was made by either mail or telephone to contact me to obtain entry to do this repair.

Yesterday (22nd December) I returned from work to find a letter dated 19th December that had been hand delivered. This letter was not there at the close of business on the 21st December. The letter informed me that a flat inspection would take place at 10 am on the 22nd December. I find this "retrospective notice" completely unacceptable. I trust that you would be similarly upset if I were to terminate the letting agreement by pre-dating a letter of notice.

I await your assurance that representatives of your company will immediately desist from this practice.

Yours sincereley,

xxxxxxx

You are right, they are not allowed to gain entry. In fact I believe it to be illegal. If you have a look at the office of fair trading document oft356 - unfair terms in tenancy agreements it reads as follows:

3.32 We would object to a provision giving the landlord an excessive right to enter the rented property. Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants 'exclusive possession' and 'quiet enjoyment' of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant's consent, except for good reason.

Basically they need to give you prior notice, irrespective of what they may put in the tenancy agreement. I would advise you to check your AST agreement first. They may of assumed a revisit and that no notification was required, this is breach of the conditions, you are entirely within your rights. Hope that helps.

Good luck, Lewis

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It is illegal for a landlord to enter the property unless you have 24 hours written notice - however you can refuse this. Within 24 hours, the landlord must get your express permission to enter.

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It is illegal for a landlord to enter the property unless you have 24 hours written notice - however you can refuse this. Within 24 hours, the landlord must get your express permission to enter.

Thanks folks and Merry Christmas

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*ALWAYS* change the locks for your own ones when you move into a new place. You never know who still has copies of the old keys, and people who let themselves in tend not to be the ethical kind anyway.

Cinnamon

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Erm....no? Do NOT always change the locks for your own. Not only is this somewhat dubious with regards to the agreement and changing the property without the landlords permission, but also a very bad idea for emergencies, losing your key, etc. SERIOUSLY bad advice.

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Erm....no? Do NOT always change the locks for your own. Not only is this somewhat dubious with regards to the agreement and changing the property without the landlords permission, but also a very bad idea for emergencies, losing your key, etc. SERIOUSLY bad advice.

Totally agree,

There is some major bad advice being given here... a lot of stuff written has no basis in LEGAL fact...Know I'm really gonna piss off a load of posters but if your going to base what you do on crap info... well t'inernet is a wonnerful ting, but it does encourage a load of old s**t/hearsay to become the stuff of legend & I can see major problems ahead.

The law states that if you sign a lease you must be given quiet/peacable enjoyment(and a court will back you up on this) so if L-lord turns up and expects to be let in uninvited, tell him to come back at a more convenient time.

BUT, if you change the lock, a judge/magistrate will take a very dim view & will award costs against you

The landlord/agent must give reasonable notice & if you withhold agreement you are in breach.

If it's an emergency (ie water damage is being caused to an ajoining property) the agent/landlord has right of entry. It's been tested in the courts, so don't think your being clever by refusing.

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Totally agree,

There is some major bad advice being given here... a lot of stuff written has no basis in LEGAL fact...Know I'm really gonna piss off a load of posters but if your going to base what you do on crap info... well t'inernet is a wonnerful ting, but it does encourage a load of old s**t/hearsay to become the stuff of legend & I can see major problems ahead.

The law states that if you sign a lease you must be given quiet/peacable enjoyment(and a court will back you up on this) so if L-lord turns up and expects to be let in uninvited, tell him to come back at a more convenient time.

BUT, if you change the lock, a judge/magistrate will take a very dim view & will award costs against you

The landlord/agent must give reasonable notice & if you withhold agreement you are in breach.

If it's an emergency (ie water damage is being caused to an ajoining property) the agent/landlord has right of entry. It's been tested in the courts, so don't think your being clever by refusing.

I think I covered all your objections in the other thread and also explained why barging in on someone without making sure they are ready to welcome into their home you is a very dangerous idea, literally.

Cinnamon

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I had a problem with a landlord that wanted an unreasonable number of viewings and visits during the last 2 months of our tenancy agreement - amounting to harrassment. The law is on your side to have quiet enjoyment of the property. I had good agents who were well aware of the law and backed me up - shut the landlord up and he didn't do it again (we did have viewings thereafter, at our convenience, we were reasonable and accomodating, of course). Some agents/landlords have a very shaky understanding of the law - I suggest sending them a full copy of the OFTs unfair terms in tenancy agreements: if they haven't read it already they should.

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  • 341 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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