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landlord access

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
Just wondering if any of you can help me out in our rights in terms of the landlord having access to our flat.
As far as I'm aware (correct me if I'm wrong), a landlord has to give 48hrs notice of wanting to come in the flat if he wants to inspect or soemthing, and 24hrs if he wants to come in to do repairs/work on the place.
I am just wondering how this works when it comes to selling the property. Our landlord has put the property on the market to sell. He told us that he was going to do this and we are aware that because of this, our lease probably wont be renewed (it ends at the end of january). My question is about what rights he has to come around to do things to do with selling the house - for example, showing people around, getting measurements, doing surveys.
twice now, the estate agent has brought people around to view without us having any notice that they were coming. and this morning the estate agent rang me (landlord had given him my number!) to see if I will be home for him to come and do a survey on thursday. when i said no, he said he will ring the landlord and get access that way. wont the landlord have to give us notice of that?
I just really dont like the idea of people coming in and looking around our house incl. our bedrooms without us knowing when it is going to happen. I also dont like the estate agent phoning me and asking if i'll be home for his survey - i'm not selling the house, surely its not my job to be home to let them in.

Comments

  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    The landlord has to give you reasonable notice of any intrusions, but you will probably find that your tenancy agreement has a clause in it saying that you will not hinder the landlord's efforts to sell the property, and you will offer access to prosective purchasers with reasonable notice.

    There is give and take in this, and you are bound to provide reasonable access. If a time is not convenient the landlord does not have rights to access your property unless it is an emergency, but you are contractually obliged to be at home at a reasonable time to provide access. You can't prevent them coming in.

    He has the right to get you to arrange a time, and to be quite honest you will be better off being flexible about it all and not being a pain in the arse. If you are flexible and reasonable with the agents then they will be reasonable with you.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote:
    you will probably find that your tenancy agreement has a clause in it saying that you will not hinder the landlord's efforts to sell the property, and you will offer access to prosective purchasers with reasonable notice.

    good point, I'll have a look tonight.
    There is give and take in this, and you are bound to provide reasonable access. If a time is not convenient the landlord does not have rights to access your property unless it is an emergency, but you are contractually obliged to be at home at a reasonable time to provide access. You can't prevent them coming in.

    He has the right to get you to arrange a time, and to be quite honest you will be better off being flexible about it all and not being a pain in the arse.

    thats fine, I dont mind letting them in at a reasonable time (although this generally doesnt work as we all work full-time and they want to ocme during the day), I just want to know in advance when its going to be happening and I dont really want him just letting himself in without telling us (which I suspect he would do).
    I'm not starting any argument with him about it at this stage, just really wanted to have an idea of our rights in case it does start going wrong.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    To slightly thread hijack. My landlord isn't selling. but does let himself in without asking and come round without notice.

    For example he came round a few nights back at 11:15pm I and my housemate Joe were asleep and the other two were going to bed, and it was apparently that he'd been in before that because of some comments he'd make.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Landlords have no legal right to enter the property without prior notice and agreement. He is breaking the terms of his contract- he has promised you quiet enjoyment provided you pay the rent, the only exception being to enter the property for inspection or maintenance.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I thought as much.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    So if a landlord is breaching the contract, what can be done about it?

    mine does this too
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Firstly, remind him of the contract, and see how it goes from there.

    If he doesn't stop you would probably need to go after him through the courts.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote:
    Firstly, remind him of the contract, and see how it goes from there.

    If he doesn't stop you would probably need to go after him through the courts.

    and therein lies the problem, can you really be arsed unless you feel your personal space is being invaded? i can understand if you catch him rummaging through your knickers, but all my landlords have turned up unannounced at one point or another, it's never really been a problem unless i'm in the middle of getting high lol, that hasn't been an issue for a while now mind.....
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