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Landlord access - Do I have to? UK question?
Renting through an agent but Landlord/Owner keeps wanting to 'pop round' to check work done by contractors etc.
I find this quite invasive and wondered if I had to grant them access to the property or not - it may be their property but whilst I pay £1000 a month to rent it I consider it my 'home'
Thanks!!
Dave - Interesting and thank you. I have spent a little time 'Googling' 'Quiet Enjoyment' and, if I've got it right, I can refuse entry to anyone including the Landlord. They only have 'right' of entry in an emergency and if accompanied by emergency personnel. To directly quote one blogger "The landlord owns the bricks and mortar but it is the tenants home and the landlord gives up right of entry when he rents it out." This does not include agency inspections as per the tenancy agreement but even they can not enter if I am not here.
3 Answers
- 8 years ago
In England/Wales the landlord has 3 'rights' with regard to access.
1) Section 16 of the 1988 Housing Act gives him the right to enter the premises to conduct repairs. That statute makes no requirement for notice.
2) Section 11 of the 1985 Landlord and Tenant Act gives him the right to enter to view the condition of the property providing he gives 24 hours notice in writing. Nowadays, email or maybe even text could be considered writing.
3) The tenancy agreement may grant him certain rights that you have agreed to. This applies even if that agreement is over and hasn't been replaced because the law provided you with a new tenancy under the same terms.
Technically you can refuse him access - you can refuse anyone access - but the landlord would be easily able to get a court order for any of the above 3 and you would almost certainly be ordered to pay the costs (and probably be soon evicted).
HOWEVER. There is the covenant of 'quiet enjoyment' (google it) and that means that if the landlord is unreasonable in his demands then he in turn is breaching that covenant - so the courts ^may^ turn down his request for access depending on how well you argue your case.
- Anonymous8 years ago
The landlord, or the agent, has a right to reasonable access to what is, after all, a very expensive item that they own. Normal would be twice per year to inspect the property - but it would also be reasonable for a landlord to check on repair or building being done if that work is being paid for by the landlord. The landlord should give you 24 hours notice, but doesn't need your permission, and can enter even if you are not there.
- Anonymous8 years ago
they will eventually drive people away with their bombastic stances it's their property and they can do what they want forgetting that most of the time the renter is paying for them to own it you wouldn't be paying much more if you were buying it you are just in an unfortunate position and they are cashing in