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How do I stop my landlord entering my property at an unagreed time?

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635 views 1 replies latest reply: 23 February 2015
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Tenant

I am moving out of my rented house in 48 hours time.  My landlord wants to come to inspect the property to assess any damage and need for repairs before I leave.  I have been away on holiday all weekend celebrating a family birthday, and tomorrow is my birthday and I have plans for the whole day.  My landlord has know the date I am leaving for over a month.  She contacted me yesterday to ask if it was convenient to visit tomorrow.  I explained I was currently away and it is my birthday so it wouldn’t be convenient as I want to be present when she accesses the house.  I suggested she visits on Tuesday which she said was not convenient for her.

This then escalated to her sending me a text message, email and hand delivered letter to say she was serving notice that she would be exercising their right to access her property tomorrow, with her husband and a workman to assess any damage.

I sent her a futher text message explaining it was not convenient and that I have the right to live in the property without harrassment and that she needs to give me enough notice to ensure that the property is clean and tidy before she accesses it and does the inspection.  I politely requested that she rearrange a mutually convenient time, to which she has not responded.

She has not specified what time she is coming to let herself in, and I will not be at home as I have plans.

Can she legally let herself into my house without my consent?  I’m sure I am within my rights but she is sure she is within hers and I have no idea how to stop her from just letting herself in.  What can I do about this?

Any help appreciated 🙂 thanks

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Administrator

Hi Kath

This link is to the Residential Landlords Association – an official body of which your landlord may be a member – and it explains the grounds on which your landlord can gain entry, as well as the fact that when the tenancy is granted to you this gives you the right to ‘exclude the world’ as it says.

Note that the two circumstances in which the landlord can gain entry (other than an emergency such as a burst pipe) are where the tenant consents or where the tenancy agreement allows for it. I would look in your tenancy agreement for a provision that would allow the landlord entry without consent in this way.

If it isn’t there then point out to the landlord that it will be tresspass for which you can take action for compensation. In this case, if the landlord does the check without you before the tenancy ends and finds lots of damage then she could well prejudice her right to claim that from your security deposit as you could argue that she entered the property without consent to do the damage that she could then charge you for. So, it’s in her interests as well as yours that you’re both present.

However, remember that once the tenancy officially ends you have no right to exclude her from the property. After that she can enter at any time to do the check and it would be worth your while to be there when she does to prevent any issues over the inspection.

Alex

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