Landlord entering without notice and retrospect complaint?

by Readers Question

11:30 AM, 11th January 2016
About 3 years ago

Landlord entering without notice and retrospect complaint?

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Landlord entering without notice and retrospect complaint?

I rented a property privately and have since moved. The landlord of the previous property went into the property several times without permission while I was moving things to the new property. unlock

How do I stand in retrospect to complain about this, as it was upsetting to know he had entered while the house was untidy – and containing valuables – due to new move and it causes anguish to my wife, who cannot stop worrying about it.

Thanks

Frank



Comments

Gary Dully

13:13 PM, 11th January 2016
About 3 years ago

Frank,
may I ask, after your complaint is made, what do you hope to achieve and why?
The reason for my question would be to ascertain what route to go down as if what you have written is correct, without written 24 hrs notice, I would probably consider some sort of harassment has occurred.

Do you want compensation?
Do you want to have the Landlord arrested?
Do you want an apology or a combination of the above?

Steven Burman

14:09 PM, 11th January 2016
About 3 years ago

Frank, why don't you ask him? Why did you not ask him at the time? What is it that your wife is anxious about? Was something taken? Is there evidence that your things were touched or moved?

I don't condone what your landlord may have done, he ought to know better, but this sounds like a case of closing the stable door after the horse has bolted!

Unless you have proof that your landlord entered or something was taken I can't see what you stand to gain from this?

SB

Joe Bloggs

14:39 PM, 11th January 2016
About 3 years ago

landlord dont need tenants permission. all that is required is 24 hours notice (landlord and tenant act 1985 in case anyone wants to disagree).

obviously if no notice given then that is wrong but if you havent suffered a loss then any claim will be pointless.

Rob Crawford

14:41 PM, 11th January 2016
About 3 years ago

Hi Frank, please can you clarify. Had the agreed check-out time lapsed whilst you were still moving out? As you have now moved and assuming you have a good relationship with your new landlord then I can't see why it still causes your wife so much stress. The issue should have been dealt with at the time. Did you ask the landlord to wait?

Daniel 54

16:59 PM, 11th January 2016
About 3 years ago

Reply to the comment left by "Joe Bloggs" at "11/01/2016 - 14:39":

Section 11.(6) applies only for the purpose of inspection and repair

Furthermore there is a view that the tenant can withold agreement even if 24 hours notice is given ( common law right of quiet enjoyment)- safety reasons may override this

I cannot see that 1985 act gives a landlord automatic right of access with 24 hours notice.

Happy to be corrected,preferably with chapter and verse

Claire Smith

17:06 PM, 11th January 2016
About 3 years ago

It is possible that the landlord had a new tenant lined up and was making sure that the property was in a suitable state of repair/ arranging for any necessary work to be done. Try to look at it from the other side - you would want your new home to be checked first. We usually manage a short void to allow for work to be done, but we have had a couple of occasions when a move out has been delayed or a move in brought forward. Perhaps this reasoning may make your wife understand what happened and reduce her stress.

Joe Bloggs

17:22 PM, 11th January 2016
About 3 years ago

Reply to the comment left by "Daniel 54" at "11/01/2016 - 16:59":

Section 11.(6) applies only for the purpose of inspection and repair
NOT QUITE (SEE BELOW) BUT THAT CAN COVER MOST SITUATIONS.

Furthermore there is a view that the tenant can withold agreement even if 24 hours notice is given ( common law right of quiet enjoyment)- safety reasons may override this
THAT VIEW IS WRONG. THE STATUTE IS PERFECTLY CLEAR AND CANNOT BE TRUMPED BY COMMON LAW. OBVIOUSLY IF THE LL IS ABUSING THE STATUTORY RIGHT THEN HE MAY BE ACTING ULTRA VIRES AND THE TENANT CAN CHALLENGE THIS IN COURT AND THE CASE WILL TURN ON THE CIRCUMSTANCES BUT THAT DOES NOT DETRACT FROM THE LL RIGHT TO INSPECT UPON GIVING NOTICE.

I cannot see that 1985 act gives a landlord automatic right of access with 24 hours notice.
WHY DO YOU SAY THAT WHEN YOU HAVE REFERRED TO THE LEGISLATION, WHICH STATES:
'(6)In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.'

Chris Byways

17:51 PM, 11th January 2016
About 3 years ago

What does the lease say? That is crucial, anything legal can be agreed.

IE the NLA 1.40 allows access at all reasonable times, with 24hrs notice, so NOT await for permission, although I would expect any reasonable LL would assist, in agreeing times, eg with a shift worker.
1.40.1 to examine condition, or to make repairs
1.40.2 to show prospective occupiers during last two months. Or to take photos to market?

Did he perhaps THINK or HAVE further permission after advising for a viewing?

Jamie M

18:10 PM, 11th January 2016
About 3 years ago

Maybe you and your wife could let it go and get on with important things in life.

Daniel 54

18:18 PM, 11th January 2016
About 3 years ago

Reply to the comment left by "Joe Bloggs" at "11/01/2016 - 17:22":

Maybe I expressed myself clumsily

The right of access to which you refer is,as per your last post,restricted to the lessors repairing covenant,either to effect repairs or to inspect to establish if repairs are necessary

No disagreement on this point and one would normally expect mutual agreement for suitable times to carry out such repairs or inspection

If the landlord does not give notice and/or enters for reasons other than the above,he is acting outside the provisions of the act

I was suggesting that if the tenant refused permission to enter then the landlord should not rely without qualification ( which you have subsequently provided) on your statement " landlords dont need tenants permission. all that is required is 24 hours notice"

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