Can the landlord enter without my permission | The Tenants' Voice
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Can the landlord enter without my permission

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364 views 3 replies latest reply: 24 July 2017
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Tenant

Hello everybody,

I’m on the last month of my tenancy agreement after the landlord exercised a break out clause to the contract.  He asked me to come in the property to take measures for refurbishment work that will take place after I move out but the time was not convenient for me so I did not give permission and said that I will notify him when its convenient for me. Today I found out from the neighbour downstairs that actually he saw the landlord entering the garden side of the property.  Now at that point I was away and I dont know if he also entered the flat as well but even if its only the garden can he do that? Is it not considered breaking in? Can I report him to the police?

I know that I have to give him access to come in but is it not in my rights to arrange convenient time for me especially if I believe that what they need to do will take a lot of time and its not a matter of urgency?

Thanks in advance for any answer and apologies if I’m repeating a common question but just joined and found it difficult to navigate the site for answers.

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Tenant

Hello, 

No, your landlord has no right to enter the property. Even less so after you have specifically declined them entry, exercising your right to privacy. 

Typically, the landlord has some right to enter the property and him being the landlord it would be difficult to get the police to do anything. Definitely not for a one-time stunt. 

However, you have a full right to deny access to anyone who you don’t want in the property, while you’re legally occupying it. At this point, if you feel insecure, you can change the locks. However, you need to keep the originals, as you will probably have to return them before moving out. 

You should also confront your landlord and tell them next time you’re going to the police. If they don’t comply, I believe you have a stronger chance at trespass. 

Here is our article on landlord letting access: 

http://www.thetenantsvoice.co.uk/advice_from_us/landlord-access/

 

 

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Tenant

Hello Audrey and thanks for your answer, there is a lot of useful advice in there. I read the article and what I’m understanding is that I can deny access especially if I have a good reason to do so but the article also makes it look like I have to grant him access if he had notified me 24 hours in advance. Its a little bit confusing.  I understand it as the Tenant being the one that has the ultimate power to allow people or not in the property but in the case of unreasonable denying access to the landlord to do repairs, inspections etc, the Tenant will be breaching the contract and could face consequences.  In my case I have a good reason to not want the landlord at my place without me being around given that he threatened me over the phone that if I’m not out by the time he requested the flat (which I will be), he will enter the property and throw my belongings out.  Still I’m not denying access I just want it to be at a time that works for me. It feels creepy that this person will be at my property at a time that I wont be around.

I dont know how much the specific tenancy agreement could affect the legal framework of the situation so below I just copied the section of the tenancy agreement that talks about landlords access to the property.

12.1 To allow the Landlord or his agent to enter the premises with or without workmen and with all necessary equipment. Othen than in the case of an emergency, the Landlord shall give the Tenant not less than 24 hours written notice. The Tenant further agrees to allow the Agent to provide contact details including Telephone numbers to workmen to arrange access where applicable.The Tenant is only required to aloow such access when:

– The Tenant has not complied with a written notice under clause 10.12 of this Agreement and the Landlord wishes to enter the Premises in accordance with that clause;

– The Landlord of the Agent seeks to carry out work for which the Landlord is responsible (those responsibilities are set out in clause 24.3 of this Agreement);

– The Landlord or the Agent wishes to inspect the Premises

12.2 To permit the Premises to be viewed at all reasonable times during the penultimate month of the Tenancy in normal working hours, including weekends following a prior request and upon giving at least 24 hours notice in writing, by any person who is, or is acting on behalfof, the Landlord, or the Agent, who wishes to view the Premises with a Prospective purchaser or Tenant of the Premises.

12.3 To permit the Premises to be viewed at all reasonable times during the final month of the Tenancy in normal Working Hours, including weekends, following a prior request by any person who is, or is acting on behalf of, the Landlord or the Agent, who wishes to view the Premises with a prospective purchaser or tenant.

 

Apologies for the long message but I want to make sure of what I’m responding to the landlord cause he is quite aggressive in his behaviour and always makes sure to remind everyone how much he is the boss and things go about his way and only his way.

 

Again thanks for your time

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Tenant

Ultimately, it is you who decides if somebody comes in the property or not. However, if you use that right unreasonably and deny access to your landlord (who follows the correct procedure), you will be liable for preventing them from doing important work, like repairs and you may become liable for those repairs. 

In your case, I’d say it’s reasonable to not allow people in your home without your presence.

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