Landlord’s Right Of Entry
Written by The Landlord on 28 Jul 2007
It is in fact illegal for a landlord to enter his or her property without agreement from the tenant. The office of fair trading document oft356 reads as follows:
3.32 We would object to a provision giving the landlord an excessive right to enter the rented property. Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants ‘exclusive possession’ and ‘quiet enjoyment’ of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant’s consent, except for good reason.
Irrespective of what maybe written in the agreed contract between a landlord and a tenant e.g. a clause that states the landlord is allowed to enter the property without permission; the law will ultimately overrule the clause. Not even a contract will help a landlord in court if he/she steps into their property thinking they can do so because of what is agreed in a contract.
A landlord does have the right to ‘reasonable’ access to carry out repairs for which they are responsible, but they still always need to ask for the tenant’s permission, and give at least 24 hours notice.
A Tenant has the right to live without unnecessary interference from the landlord. Most tenants have the right to stop the landlord from coming in unless they want her/him to. If a landlord or someone acting on her/his behalf harasses a tenant or tries to make life difficult, they may be committing a criminal offence.
132 Comments - join the conversation...
You need to write to your Landlord without delay insisting he stop entering your property without the minimum statutory 24hrs notice. Even with notice if you say no then he is not allowed to enter). Send a copy to the local private housing office at your local council.
In your letter state that he is trespassing, violating your right to quiet enjoyment of your property and harrassing you. The relevant parts of the Housing Act guarantee this to you. State that unless he stops immediately, you will take legals action to prevent him doing so. Be reasonable in your letter and state that unless he complies with your request you willhave no other option than to change the locks to your property to maintain your security (and then send him the bill).
Do not take any threats. The police will not get involved as it is a civil matter however if you feel physically threatened especially if you are in the house alon then call them and report the incident.
Hope this helps!
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I would advise you to keep a record of all the times your landlord enters the property or attempts to enter the property without written notice. Record, the time, the date, the individual and the reason. I would also keep a record of all your communications with the landlord whether this is by letter, email, phone or face to face - write down any conversations you have (record phone conversations if you can). Ask (write) your landlord not to enter the property without providing the required written notice, if he refuses or makes any threat towards you, record the details of these. If your landlord is threatening (for example 'if you don't let me in you'll face eviction or I'll put the rent up' etc.) this is harassment. If your landlord is entering your property without notice, entering very frequently for no good reason or using any type of threat against you, you should report him to the local authority for tenant harassment - this is your right
Cardifflandord – I thought that tenant harassment is also a Criminal Offence in England and Wales?
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If Single AST's then you are allowed exclusive use of your room and any other room SPECIFICALLY stated in the agreement and you are licensed to use all other communal areas so the landlord does not need to give any notice to enter the communal areas (and in theory neither does anyone else).In fact Joe Schmo from off the street can legally enter and watch the tele if he wants, as long as he does not enter your room.
If One AST covering all then LL needs to give min 24 hrs notice.
If single AST LL needs to give min 24hrs notice to enter your room/s.
Why make the point about "i wouldn't put it past him to try to come into our room without asking" when you have no proof whatsoever he would? Just complete bollocks really!
Furthermore you say "does that therefore mean I'm renting solely the room and bathroom and therefore he has the right to enter the kitchen? Well if YOU don't know what you are renting then frankly you should not even be signing or entering into legal contracts without first getting proper legal advice.
I don't really care how you live but as a house share I would be really pleased if someone came in to clear up the kitchen and the hallways. Perhaps if you made sure they were clean in the first place you would not be complaining?
Go and get some proper legal advice about this.
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My sister and I are students -I am 17 and my sister is nearly 23- and we're renting a two bedroom house from a private landlady. Last week as we were sitting in the living room my bedroom window broke. We called the landlady two days after the incident because she never answers to texts even though she stated that texting would be the best way of communication. She said she would have someone fixing it during the week. The guy came without notice obly to 'check' the window and said he would come the next day. He didn't show up in 4 days. Suddenly he came yesterday, fixed it and left. Three hours later-without notice- the landlady's husband came and wanted to check if the window was ok. My mother and her boyfriend had arrived the day before for a 10day visit therefore my sster had to sleep on the sofa bed downstairs. The husband then complained about THEIR sofa bed being in the dining room-we rearranged the furniture due to space problems- and said he didn't want to kick us out for that. PLUS he went on saying that he was told that the house was messy when his friend/window guy came when it wasn't.
What about the council tax? We received a notice for payment but we shouldn't pay as we are excempt from it. Is that the landlady's responsibility or ours to deal with it?
I was really upset and felt insulted because he even said that it wasn't messy himself. Can he just show up whenever he wants without notice??
Plus, during the same week with the window incident a stranger showed up at our door at 3 am banging at our door . I'm really scared and frustrated at the same moment. I should look at the contract tomorrow-speaking of, she brought a copy weeks after we signed it. But in the meantime is there something we should do??
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Your landlord should always give notice and you should tell her that you are unhappy in writing. I am a landlord and know full well that without notice and consent from the tenant to enter the property, I am probably going to be taken to court for harassing my tenants. Tell her that you know your rights and she has to give you notice - even if it's 24 hours and you have to consent to them coming to the house.
The council tax is your responsibility. Just call the council and explain that you are students. They will tell you what you need to fill in. It is very simple and this is not the landlord's responsibility.
The stranger knocking at the door thing happened to me and my neighbours. I would get a security lock put on the door and report them to the police. This guy could be a opportunistic burglar who is checking whether the house is occupied before breaking in. Obviously you were there and he didn't break in, but I would ask for a security light or something and a chain put on the door. I was burgled and was out - my neighbours were in and heard them knock at our door before the smash of the window. Other neighbours had random people knocking at silly hours the weeks preceding and a couple of other un-occupied houses were burgled in previous and following weeks (all were un-occupied). Check what security measures you can take with your landlords and the police. I'm not trying to scare you, just warning you what it could be...
Good Luck!
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Any advice would be much appreciated!!
Michelle
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Your landlord has the right to reasonable access.
If you refuse he would need a court order which would take months. As you are going next week it cant happen.
The fair thing to do would be to allow a couple of viewings under your terms and around your timings. If he doesnt like it, tough.
BTW, its an odd tenancy agreement that says you have to decorate. I wouldnt like to enforce that one after a 10 year tenancy.
p.s congratulations!
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Congratulations first of all with the new arrival and good luck with the move.
This is a case of being reasonable but if you insist that you do not want the Landlord to enter, then he can't without a court order. But the landlord has a property they need to re-let, despite what people think empty propertys are extremly expensive for the landlord/owner hence their push to try and start the new tenant-find process up. Be reasonable!!! tell them to expect mess, then arrange a time that is suitable to you and during the visit take your self and the baby to a room that you have agreed will not be viewable.
Be advised if being unreasonable the landlord may be less accomodating when arranging a speedy deposit return or future refererences etc etc. It is all a case of just helping both parties acheive what they are aiming for during a process of transisition.
Best of luck....!
Hope this helps....
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any help would be great
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Our landlord has been a constant bother to us. He lives next door to us and is a total control freak. He employs a cleaner to spy on our rooms and report back to him and has even entered the property with a camera round his neck saying that we're wrecking his property because there was a slight mould issue. To my knowledge, this is harassment.
He has also tried to, what I think is, coerce me into leaving by announcing to the rest of the house that I am no longer able to pay the rent due to unemployment, threatened to serve a Section 8 notice to us and once told to do so, he backed out of his threat.
Now he has just finished a loft conversion on his own property, which must have cost him a lot of money, and has mentioned in passing that our rent is going up and that we have just over a week to decide whether we are to stay or not. He has also served us with a Section 21 notice, which as far as I can see, is void as he has not held our deposits in a custodial deposit scheme.
To top it all off, he reckons he's going to take £60 from our deposits to "clean" the house before he sells it which is something he should be doing at his own expense.
Is it possible to take legal action against this person for coercion, harassment etc?
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He also wishes to conduct viewings of the rooms.
Thanks,
Chris
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thanks Michael
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Why not just pay the rent?
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First and foremost you will not be making yourself homeless if you leave your rental property, the landlord no doupbt has served a section 8/21 notice and the court has confirmed you must now leave the property. You should comply with this or face legal consequences.
If you are then made homeless and can ill afford or have anywhere to stay you may then apply to the local authority for emergency accomodation.
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I'm confused. Where was the car? Where does car parking become a council's housing dept issue rather than parking enforcement? Do we have the full story here?
How has your neighbour's privacy been impaired? The registration plate is meant to be displayed to everyone can see it.
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Ama
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I would have thought that a simple email/letter response to the housing officer explaining that the car does not belong to you and is not occupying your parking space (if they are allocated parking spaces) would be sufficient. While it may be annoying that this individual is jumping the gun somewhat, without gaining the full facts, it is often simpler in these cases to provide a response of fact rather getting wound up by whether you may, or may not be being victimised. If you do have allocated parking and your neighbour has parked in your space then a request to your neighbour to remove their car from your space may be the answer.
Ultimately for action to be taken against you it would need to be proved that you were in breach of the law or some other contractual obligation. It seems (from what you describe) that you are innocent on both counts so I would just provide the housing officer with the facts and leave it at that - simple!
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James is right. Unless you two have "previous history" then she's probably made a mistake (humans do that). From what I read, you're victimising yourself by getting stressed out by it.
Don't get stressed, just answer her helpfully. I hope this helps you.
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I know they are due that to come that day as I have been given notice, but they seem to think its okay to just let them selves in using the key - instead of ringing the door bell.
They have said that they let themselves into the tiny communal hallway and then knock on my door - but I obviously do not hear this if I am out the back - which is why I have asked them to not enter the premises at all and ring the door bell like anyone else would. I will then let them in.
I have also asked the letting agent to simply not give them the keys if I am going to be in, so that I feel a bit safer and there is no confusion - but they are refusing.
I wanted to know what my rights were in this type of case. I have no problem with them entering my flat when I am not there but surely I must have some kind of acknowledgment if I am there!?
This is my home and normally work men would ring the door bell and wait for an answer.
Any advice on how I can tackle this problem would be very much appreciated
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No he can't. And if he does the the police and local council will take an interest is his prosecution for harasment.
If he wants the flat back he had to issue a Section 8 notice for rent arrears, as a firtst step. What he really wants is his rent, even though he's got a rubbish way of going about it: Councils are notoriously slow at getting first payments organised.
As far as letting themselves in I suggest: Your daughter writes to him to detail the occasions he's filed to give you "quiet posession". Explain if it happens again she'll change the locks and deduct the cost from the rent due and not give him copy keys until she ends the tenancy.
And based on your report of his behaviour you should look to end the tenancy as soon as you can.
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My landlord is quite and interesting person.ive moved out with my boyfriend at the time.at first my landlord was very polite to me and made me comfortable but now she's turned into such an evil person.in my lease it says that I have 1 parking spot,since my now ex boyfriend was using the parking spot since he had a car everything seem Ok but since he moved out,now my landlord is telling me that I no longer have one.since I don't have a car I let my brother in law use my parking spot to park his car.and now since the landlord notices shes been giving me hell since then.she called me at 2am yelling and telling me to park and I quote "this piece of shit car on the fucking street" and has been telling me if I don't like her rules then I and again I quote "get the fuck of out here,you fucking bitch" I've even talk to the owner of this building and he told me "oh well I don't believe what you are saying because she told me she never said nothing like that" ive only been in this building for 3 months and i always pay my rent on time or even 3 days before its due.I have absolutely no reason to lie for anything.is there anyway or anything I can do to stop my landlord from Going back on the lease and her word?
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Calmly tell the landlady you will continue to use the space and you will begin to assemble a dossier of any insulting, abusive or threatening behaviour by her to you if she does not bahave properly towards you.
And look for another flat! If the landlord is that psycho then she'll ask you to leave as son as your tenancy expires.
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First of all good luck with your move, it is a difficult transitional period that both you and the landlord must work through. In regards to past issues ie plastering, that is in the past, the landlord employed a trade if it was sub-standard then that should have neen taken up with the LL at the time. Same goes for the other issues ie mould, window sill etc etc, these bare no relevance to the 'now'.
In regards to 'must be kept in good decorative order'. If when you moved in the property was magnolia and the LL expressed wishes for it to be kept this way or you did not seek and have written permission when you changed the colour scheme. Then he can reasonably request you return it to the condition it was Let to you. You are entitled of course to do the job your self but if the end result is sub-standard the LL would be in his right to deduct any cost in returning to an acceptable condition from your deposit monies.
IN SUMMARY: It is all matter of what is reasonable, the property should be returned in the same condition as it was Let otherwise the deposit money can be reasinably used to make good any problems.
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On the assumption that you did the right thing (chased up the decoriation in writing an told that landlord you were painting because you were fed up waiting for four months) then you may be in a better position than FauxkingPhill suggests.
It is possibly to say the landlord abdigated his responsibility to maintain the property and so your painting of it in a colour of your choice is reasonable and does not require to be returned to magnolia. But this is a riskier approach. It could end up with a dispute process. If you want to be certain of prompt return of your full deposit, it may be worth while re-painting the wall to a good standard yorself.
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Do I have to do that all the time they ask me to come? Must I always say yes? What about my privacy? sometimes they can give me notice but I can not always available when it is convinient just to them. Someday i dont want visitors and I just want to be alone.
Moreover, I'd like to be inside when someone comes in. Can they still come even if I am not there and I did not agree on that?
Please I am new to England someone answer me
Thanks.
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I'm assuming you've given notice to quit the property or have had notice served on you? Many tenancy agreements will have clause stating that you should allow access for property viewings, normally this would be restricted to a certain time (say a month) before the end of your tenancy so you may want to check this in your tenancy agreement. Maybe someone else can clarify what the position would be if a house was put up for sale before or when on a rolling tenancy? In any case you are entitled to 'quiet enjoyment' of your home.
Either way however, ultimately it is YOUR home and if you expressly state that the agent, landlord or Jo Bloggs off the street may not enter YOUR home then unless there is an emergency need for access then NO ONE can legally enter - your landlord or agent would be breaking the law if they entered your property and you had told them that they could not. I have had agents in the past say they wished to undertake an inspection on a particular date when I wasn't home. I didn't want them entering my house when I was not present so I would simply reply and state that they may not enter the property at that time and when I am not present but I would always then offer several other times/dates when I would be available. They didn't really like this at first as they weren't used to tenants challenging them and they seemed to think they could just let themselves in to properties as they wished. We now have an understanding on this and it is workable.
So, while you would be within your legal right to refuse access to ANYONE into your home, if you chose to enforce this right at every opportunity without good reason and against a tenancy agreement which I'm assuming you've signed, then not only will you severely piss off your agent/landlord but they could ultimately take action against you to force your eviction. If you're leaving soon in any case then this process probably couldn't be completed in that time, but ultimately, as always it is better to try and settle these matters amicably and through negotiation.
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Thank you for informative answer. Yes in the last two months I agreed that I would let pepole in but my descretion I think should be resepcetd. Yesterday (we are not still in the last 2 months of the contract) They started to bother me already that they want to visit the house. While I will allow them here and then I dont want to say always yes or let them enter even when I am not there.
Yesterday the guy kept saying " I will look for extra keys" while I told me that I would have let him know when it was a good time for me. I felt a bit unconfortable because of what He was saying.
I just wrote to the agency and I told them they can just not pop up in my house and need to ask me permission before to enter. I wait for their reply.
It is unbeliveble how much rights and power agency and landlords. I like England a lot but it seems consumers do not have much right.
Thank you
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Thank you again for your comment I appreciate that. I am new to this country but so far in my daily life experince here it has often be hard to have reimbursemtn for me when the service provided was not saticfatiory. I had luck only with hotels. Products, my rent here, car services, cabs it has been a disaster. I often compare to the US where I also live. It seems there customers are more protected but again it may be just my impression.
Anyway, they told me that they will send an intermediator. So far your comment was the best suggestion online.
I have also another problem with my agency. The bad I found here was very unconfortable and old. My back was hurting a lot. My agency agreed that it was old and not confortable but since the landlord refused to pay for a new one, I am now forced to sleep on the floor. I feel very miss-respected by everyone as a human being.
I tried to protest but the lady of the agency told me "to be quiet". She was very rude and not professional.
Do you have an advice for this situation as well?
I try to negotiates with everybody but with no success. seems like i haveto stay here for the rest of the time on the ground.
Thanks
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I am currently in a full repairing lease for a shop However the landlord took 6 months to repair the ceiling from a leak from the upstairs flat. There was then a ceiling collapse and he took a further 7 months to have this repaired. He has entered the demised premises edged red i.e the small courtyard without consent from us and has not given any notice. On entering the original lease with him he offered inducements. I go to court on Monday can you help.
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Thoroughly confused by your post. If you've got a Commercial FRI lease then your insurer should be repairing the ceiling of your shop and taking up any subrogation rights up with the landlord or tenant in the flat above.
And if we don't know why you're going to court, then the only advice I can offer is dress smartly and conservatively.
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No, they are not. The only time anyone could come in unannounced for boiler issues would be to mitigate a gas problem, i.e. leak or other explosion risk.
All arrangements must be made in writing, in advance. The main article by The Landlord at the top of this page covers the topic off very well. It applies to your situation.
It sounds like there's been some gerry building going on here. I would consider:
- Write the the landlord. Inform any further violation of right to "quite posession" will result in your changing the locks via professional locksmith and deducting the cost from next rent;
- Contact local council Buldings Regulations dept. Get them to look at boiler layout. It should be in a communial area and they may place an obligation on the lardlord to move the boiler. It's his problem it's in the wrong place, not yours.
- Contact Gas Safe registered Heating Engineer. One boiler running eight flats sounds suspicious to me. Are they flats or bedsits? It would be more than the capacity of any normally available domestic boiler to run the water and heating requirements for eight lfats and I'd be worried it would become unsafe due to chromic overloading of its capacity;
- Mention it is being constantly fine tuned. This is just wrong. Modern boilers do not need this kind of treatment, something about the constant attention it is receiving is making me worried for your safety in teh flat.
- Get the landlord to provide you with a copy of the last annual gas appliances safety certificate.
Hope some of these ideas help.
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Sorry fo be not as definate as FauxkingPhill, but there's something in your story which makes me think we've not got the full picture. It's a house next to an office. Is this some kind of business compound? Was the camera there when you first accepted the letting?
I expect Phill is probably right, but the living arangement sounds unusual and might give the landlord reasonable grounds to have CCTV around the place.
Let us know more details, if you want more thoughts.
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