Landlords Right Of Entry

My tenants agreement has expired, and now I have been unable to contact him by phone. I have also been to the flat but have had no answer. Do I have the right to enter if I believe he has left the property as the agreement has now expired?

ANSWER 1: It is your right as a landlord to be allowed access with prior notice. You must inform the tenant of your intention to visit / inspect the property in writing at least 24 hours in advance of your arrival and entry. You can send this by recorded delivery or post directly at the property. (For the sake of sanity against any tenant wishing to seek legal action over illegal entry it may be wise to take an independant witness with you and photograph the letter going through the mailbox make sure the camera has a date /time stamp, may seem excessive but there can be no comebacks).

My tenant has given one months notice, but in their letter say they are on holiday for more than half of that time. Am I entitled to show prospective tenants around whilst they are away?

ANSWER 1: Your tenant is still technically your tenant until the tenancy is legally terminated, so they still have their statutory rights until that point. Your tenants must give you permission to enter the property to take viewings while they are on holiday. It is advised to get written permission.

My tenant has failed to leave at the end of the tenancy agreement and is also in arrears. I have started eviction proceedings, but can I gain entry to clear the flat out of my possessions?

ANSWER 1: You cannot gain entry for that purpose until you have the tenant evicted with a court order. Entry for other purposes under the lease, such as for essential repairs, are allowed with notice, but be careful that you do not use this as excuse to harass tenant, as you may get into legal trouble.

My tenant is in rent arrears and will not answer the door or his phone, and he has changed locks. How do I gain entry?

ANSWER 1: You can't gain access unless you have a court order for possession and enter with the county court bailiffs. Landlords do not have any rights to enter the property against the tenant's wishes. The only exception is when the property is in a state of emergency e.g. If the property is on fire. If you try to enter when the tenant has indicated that he does not want you to, this will be harassment which is a criminal offense.

We have an assured tenancy agreement with some very good tenants that expires june 2011. However, our circumstances have changed and we would quite like to move back into our house this summer. What are our rights?

ANSWER 1: In short, not a lot! As the tenancy is a fixed term agreement it must be fulfilled for that term by both the landlord and tenants. If you want possession before its end you must issue a section 8 notice and states the grounds you are relying on for the possession. This is commonly used for rent arrears or breaches of the agreement however 'change of circumstances' isn't a valid ground. The best solution would be to contact the tenants and try to come to a reasonable agreement with them to vacate early though they are not obliged to make any arrangements with you. You may like to offer to pay for any costs such as agency fees or removal expenses they may incur classed as damages in addition to a box a wine of their choice!

I want to enter my property to inspect it, but my tenant won't respond to any of my letters. What are my rights?

ANSWER 1: If the tenant will not let you in, there is a not much you can do, as if you enter without permission this is trespass. I would suggest that you write to the tenant telling her that as she has failed to allow you access to inspect the property, you cannot be held responsible for the property's condition

My tenants have vacated the property before their contract has expired. They've taken all keys to the property, and didn't pay the last months rent. Can I change the locks immediately or do I have to apply for a court order as technically they still within the tenancy agreement?

ANSWER 1: No you cant change the locks. You have to apply to the courts on the grounds of suspected abandonment.

ANSWER 2: The technical term is surrender. Unfortunately you have to go via the courts to gain possesion as in theory the tenants may have gone on a long holiday or been sent to prison (yes I know it's a long shot but it's still a valid reason!). If you change the locks or put someone else in without the necessary legal documents you could be sued for illegal eviction. Once you have the court order - you are still not allowed to evict or remove property - this has to be done by a court appointed bailif.

What is a section 21 notice?

ANSWER 1: A section 21 notice is the notice a landlord serves the tenant to bring the tenancy agreement to an end. The end date will depend on the terms of the agreement i.e. fixed term for 6 months, or the landlord's minimum 2 month notice period through a statutory periodic tenancy.

My tenant vacated the property without informing me. Can I enter the property?

ANSWER 1: You must prove the tenant has abandoned the property. There is a process to follow. If the tenancy is not correctly terminated the tenant has the right to come back. The landlord does not have an automatic right to recover by entering.

Can I legally change the locks if my tenant doesn't pay rent?

ANSWER 1: No. The law is clear on this. You must follow the correct process to collect back rent or recover possession. Changing the locks could result in a criminal charge against the landlord