Landlord's Right to Access : Advice Please

[Raistlin]

Ok, so, I need a reference that provides information on the Landlord and Tenant's legal rights with regard to the Landlord gaining access to their property.

Specifically something that will tell me what the Tenant can do about a Landlord who continually enters the property (leaving lights on, not flushing the toilet, etc), or who gives unknown workmen access to the property, without either giving the Tenant notice or even informing them that it's happening.

The Tenancy agreement says that the Landlord should provide notice, but ideally I'd like to know what the Tenant's legal rights are in addition to this.

Anybody got any ideas?

Thanks :)

[Wayfair]

Loads n loads of good advice here Raistlin.

http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/renting_a_home_index_ew/common_problems_with_renting.htm

Sooooooooo it looks like you are well within your rights to refuse him access unless "Your landlord has a right to reasonable access to carry out repairs. What ‘reasonable access’ means depends on why your landlord needs to get access. For example, in an emergency, your landlord is entitled to immediate access to carry out any necessary work.

Your landlord also has a right to enter the property to inspect the state of repair or to empty a fuel slot meter, but they should always ask for your permission and should give you at least 24 hours notice."

[Raistlin]

Loads n loads of good advice here Raistlin.

http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/renting_a_home_index_ew/common_problems_with_renting.htm

Sooooooooo it looks like you are well within your rights to refuse him access unless

Thanks Wayfair, nice links :)

I've also found the Landlord and Tenant Act 1985 which supports the text you linked to.

[Peter_]

If he continues then change the lock and inform him as to why you have done so as you are securing your property.

[Raistlin]

If he continues then change the lock and inform him as to why you have done so as you are securing your property.

Given that there's a legal requirement on the Tenant not to hinder access by the Landlord (or an agent appointed by them in writing) for the purposes of conducting 'emergency' and immediate repairs / inspections without notice you would probably find that changing the locks would probably not be lawful.

[Peter_]

Given that there's a legal requirement on the Tenant not to hinder access by the Landlord (or an agent appointed by them in writing) for the purposes of conducting 'emergency' and immediate repairs / inspections without notice you would probably find that changing the locks would probably not be lawful.
Pity as it is something I would do if he continued to do so, possibly a solicitors letter is needed.

[Raistlin]

I think *something's* needed, thanks for your input :)

[nffc]

If he continues then change the lock and inform him as to why you have done so as you are securing your property.
No, you're locking him out of his property.

[Peter_]

I think *something's* needed, thanks for your input :)
I just hate things like that as they make my blood boil as you have no idea what they are doing while you are at work, so the legal avenue is the way to go as the physical option is out of the question.:)

---------- Post added at 21:00 ---------- Previous post was at 20:59 ----------

No, you're locking him out of his property.
Yes he has already said so above, but he still should give notice and not waltz in whenever he feels like it.

[Raistlin]

Actually, I've done some looking in to this, and it would appear that where a Landlord persists with this behaviour the Tenant may be well within their rights to have the locks change to protect their rights under something called the 'Covenent of Quiet Enjoyment' :)

[Peter_]

Actually, I've done some looking in to this, and it would appear that where a Landlord persists with this behaviour the Tenant may be well within their rights to have the locks change to protect their rights under something called the 'Covenent of Quiet Enjoyment' :)
I did not know that but I am glad my gut reaction was close, at least you have the option if required.

[Maggy]

Actually, I've done some looking in to this, and it would appear that where a Landlord persists with this behaviour the Tenant may be well within their rights to have the locks change to protect their rights under something called the 'Covenent of Quiet Enjoyment' :)

In the meantime you need to have somewhere you can lock away valuables and personal paperwork etc. :erm:

[Raistlin]

Fortunately it's not me that's affected, if it were I'd be sat in the dark waiting for them the next time they came in - they'd get a shock they'd never forget, and they wouldn't do it again.

[Maggy]

Fortunately it's not me that's affected, if it were I'd be sat in the dark waiting for them the next time they came in - they'd get a shock they'd never forget, and they wouldn't do it again.

The advice about keeping private papers secure still stands though in the case of your friend.;).

[Raistlin]

Indeed it does. Thanks :)

[martyh]

here's a bit of usefull info for ,a tenant can change the locks with no obligation to give the landlord a key

If the landlord continues to enter the accommodation, the tenant may wish to change the locks. S/he should take care not to damage the door and should keep the old lock and key, as these are the property of the landlord. Alternatively, s/he could just change the barrel of the lock. The tenant does not have to give the landlord a key, but s/he must continue to allow the landlord reasonable access to carry out repairs.



http://www.consumeractiongroup.co.uk/forum/showthread.php?74053-Access-to-the-Property-by-the-Landlord

[nffc]

Yes he has already said so above, but he still should give notice and not waltz in whenever he feels like it.
Of course, that is simply good manners. But it is the landlord and not the tenant who owns the house.

[martyh]

Of course, that is simply good manners. But it is the landlord and not the tenant who owns the house.

nevertheless,the landlord has no right of entry unless under exceptional circumstances

[Caff]

In the meantime you need to have somewhere you can lock away valuables and personal paperwork etc. :erm:

Good advice Maggie.
Who knows how many 'people' have access to the property? Owner, agents, friendly neighbours etc.
Lost a hidden lappy from a rented property through too many people having keys, outer doors with different 'secure' locks. Despite being insuranced to the hilt I have no come-back... and have a £326 bill to pay my employers for something I didn't even deem worthy.
However they did not steal my can opener :) :mad:

In my limited experience the landlord has unlimited access but the agents will arrange a time and date to check that everything is running smoothly and that the agents will act in good faith on behalf of the client (owner).