Tenants not allowing access for leak repairs?
Hi Everyone, There has been a leak from my property into the flat below for a week now. The Managing Agent has arranged for contractors to go out, but the tenant keeps making appointments and then saying they are not available.
Also, the estate agent has managed to mislay/lose the key and fob and I am being told they can not go in.
I am in the process of waiting for the eviction order to come through. The tenancy ended in July last year!
Any ideas on what to do would be gratefully received.
Many thanks
Sheila
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Member Since November 2022 - Comments: 41
12:28 AM, 29th August 2024, About 2 years ago
You can pay a locksmith to open the door or just drill out the lock and replace it – then you have a new key. Legally, I don’t know if it’s a good idea, but I know you actually can enter if it’s an emergency. I think if you have made repeated attempts at entry and been denied, and it’s over a leak which is causing damp issues and mould, that’s a safety issue in my mind, so I would personally just drill out the lock, give the tenant a new key and fix the issue. No excuses. No keeping me out. I don’t care. I’m not letting someone damage the flats below and make their life a misery. And since it’s a health issue due to mould risk, I’d gladly stand by my actions to protect tenants, even if it means going into a flat. As a bonus, I’d have a key to the property too. And I’d seriously reconsider using a management agency who failed to keep their side of the contract
Member Since December 2023 - Comments: 31
12:34 AM, 30th August 2024, About 2 years ago
My understanding is that you do not need consent for emergency repairs. A water leak is an emergency repair. Google it to check.
If your agent has lost the keys, get them to pay up front for a locksmith to let you in and change the locks. But don’t lock the tenants out, that won’t do your eviction case any good. Then consider legal action against the agent.
Member Since February 2023 - Comments: 39
11:32 AM, 31st August 2024, About 2 years ago
Firstly, if you’ve started eviction 1 year ago i would expect you to have the court order by now even with the backlog. I suspect they’ve lost your paperwork and the lawyer hasn’t followed up regularly.
Secondly, tread carefully. A tenant under eviction can be looking for any reason to present to court (like unlawful entry).
Get some pictures of the leak and go through the lawyer writing to the tenant they are liable for the structural damage by refusing access, these costs will be added.
Confirm with the lawyer you can go in as an emergency.