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Landlord entering the property without me being present

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324 views 3 replies latest reply: 03 July 2017
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Tenant

Hi,

I am wondering if the landlord is allowed to enter the property without me being present and when I have specifically asked he wait until I am home.

I have offered him any day of the week after 16:30, friday after 15:30 and any weekend.

He seems to beleive that even without my concent he can come when suits him and all he is required to do is give 24hrs notice.

If anyone could link me to any legal statements that clear this up it would be greatly appreciated

Thanks

David

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Tenant

Hello, 

No, the landlord can’t do that. In ASTs tenants have a right to quiet enjoyment of their home. This means that you have a right to live undisturbed and private life in your rented property. 

Access is exclusively controlled by the tenant and everybody who wishes to come in, landlord included, must post a 24 hour notice to your door. 

You can choose to allow access, when requested or not. Obviously, there are consequences if you outright deny your landlord access to the property. 

However, it’s very reasonable to reschedule a set appointment if not convenient, given that you provide reasonable times and dates for the visit to happen. 

Your landlord certainly can’t go against your will and walk in the property, especially if you preemptively told them not to. 

You should warn the landlord that you will consider any next unauthorised entry as harassment and trespassing. This should surely back them off. 

Here is our article on landlord harassment – http://www.thetenantsvoice.co.uk/advice_from_us/landlord-access/

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Tenant

In a standard tenancy agreement contract, the landlord is required to make prior appointment before entering the premises. You can check out some standard clauses in this tenancy agreement template.

 

ACCESS TO PREMISES – NEW TENANT

To permit persons with authority from the Landlord at all reasonable times by prior appointment to enter and view the Premises for the purpose of taking a new tenant during two (2) calendar months immediately preceding the termination of the tenancy.

 

ACCESS TO PREMISES – POTENTIAL PURCHASER

To permit persons with authority from the Landlord at all reasonable times by prior appointment to enter and view the Premises whenever the Landlord wants to sell the Premises.

 

ACCESS TO PREMISES FOR REPAIRS

 

To permit the Landlord and its agents, surveyors and workmen with all necessary appliances to enter upon the said premises at all reasonable times by prior appointment (except in the case of emergency where no appointment is required) for the purpose whether of viewing the condition thereof or of doing such works and things as may be required for any repairs, alterations or improvements whether of the said premises or of any parts of any building to which the said premises may form a part of or adjoin.

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Tenant

I agree with all the above it comes down to the tenant unless its an emergency ie smelling gas or fire. They have to give written 24 hours notice but then its still down to you to say yes or no. Do not be bullied by these people, you are not alone we went through all of this. If the landlord is coming into do work make sure the person is insured and qualified and keep a record of everyone who enters times and dates and pictures of the work. Trust me never trust a landlord, even if they seem friendly because ours did and we are now taking them to court and we were lucky enough to have the evidence so always look at what will happen when you leave.

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