Can I take a locksmith with me?

by Readers Question

10:43 AM, 10th August 2013
About 5 years ago

Can I take a locksmith with me?

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Can I take a locksmith with me?

I have purchased a property recently but have no keys for it. Can I take a locksmith with me?

The previous landlord says she cant find them.

I have tried to contact the tenant on several occasions but with no joy.

If I give her 24 hours notice in writing that I intend to visit the property to have the boiler checked for a Gas Safety Certificate am I entitled to force entry if i am refused?

I look forward to hearing from you

Regards

Tony



Comments

Mary Latham

9:40 AM, 12th August 2013
About 5 years ago

Reply to the comment left by "Neil Patterson" at "12/08/2013 - 09:26":

Thank you, that is actually a very good question. We do not know what paperwork there is in place and this could make if very difficult for the new owner/landlord to regain possession.

Having said that the law will dictate the terms of the tenancy and this will usually mean that it is an AST oddly there is no legal requirement for a formal document to be signed - probably because the law protects tenants and the AST protects landlords.

Perhaps the OP will tell you more about the situation and the paperwork?

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Mark Alexander

9:45 AM, 12th August 2013
About 5 years ago

Reply to the comment left by "Mary Latham" at "12/08/2013 - 09:40":

What's the OP? Sorry Mary, you are killing me with these teenage abbreviations. Have you got the grandchildren living with you during the summer holidays at the moment?
.

tony tony

9:57 AM, 12th August 2013
About 5 years ago

Mark there is a ast in place which as rolled into aperiodic tenancy, the tennant hasnt changed the locks , i just havent got a key for the property from previous landlady.It wasnt my intention to change the locks ,but to merely gain acess for the point of checking property. i did check property before i brought it but it took rarther a long time for the purchase to go through. posted a letter stating i was new landlord and wanting to issue a new tennancy agreement, the reason i posted was to find out if when you give a tennant notice that it is your intention to visit property for a inspection and they were to refuse or just blank you are you infact allowed to enter property to carry out inspection with out there permission regards ts

Romain Garcin

10:38 AM, 12th August 2013
About 5 years ago

When a tenanted property is sold it has no impact on the tenancy: Whatever tenancy and terms remain and the tenant has no obligation to agree to a new tenancy.
The old and new landlords must give notice to the tenant (see s.3 Landlord and Tenant Act 1985 and s.48 Landlord and Tenant Act 1987). It is important to comply.

It is important for the buyer (new landlord) to assert what type of tenancy the tenant has, e.g. including by checking when the tenant first moved in.

Going back to OP (original post/poster), forcing entry or forcing/changing locks is a big NO-NO.

Neil Patterson

10:40 AM, 12th August 2013
About 5 years ago

Reply to the comment left by "Mary Latham" at "12/08/2013 - 09:40":

Hi Mary,

Does that mean the new Landlord could have no protection and the tenant effectively becomes a sitting tenant, or am I way out of the loop on this one.

Would a solicitor acting for the buyer have any duty to confirm vacant possession and if not make sure an AST was in place or some how transferred.

Sorry if the question is a bit basic, but having done a great many BTL mortgages over many years I can't actually remember a purchase where there was already a tenant in place. It obviously does not happen that often or I am just lucky/unlucky.

Neil Patterson

10:42 AM, 12th August 2013
About 5 years ago

Reply to the comment left by "Romain " at "12/08/2013 - 10:38":

Thanks Romain, I think we were typing at the same time!

Sally T

11:04 AM, 12th August 2013
About 5 years ago

Have to ask, was the property bought as a cash purchase, if not how did the surveyor gain access to the property ?
Where would you stand with reguards to meeting mortgage requirements ? ie Has the conveyance completed as he hasn't taken possession, would this not invalidate his mortgage allowing the mortgage company cancel the mortgage.

tony tony

11:09 AM, 12th August 2013
About 5 years ago

Sally this was a cash buy and i did have on survey previous to buying

tony tony

11:12 AM, 12th August 2013
About 5 years ago

I must stress the locksmith was not intended for a forced entry , but merely to gain acess

Mick Roberts

17:33 PM, 12th August 2013
About 5 years ago

Reply to the comment left by "Mark Alexander" at "10/08/2013 - 10:50":

I've bought houses without looking inside-Was 14k though, so got to take a chance at that. Only thing it needed was light switches as well-1st tenant was there 10 years.
And I've bought Mary's book, Mary, u can have a drink on me tonight, it might be small drink 'cause not a lot of money on Amazon.

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