Re: Landlord's right of entry to tenanted property?

Bad form replying to my own post, but ..

Peter Fairbrother wrote:
Alex wrote:
At 03:53:31 on 29/03/2009, peterwn delighted uk.legal by announcing:

On Mar 29, 6:37 am, "Clive" <cliv...@xxxxxxxxxx> wrote:
"Peter Fairbrother" <zenadsl6...@xxxxxxxxx> wrote in message

news:49ce4f6c$0$2520$da0feed9@xxxxxxxxxxxxxxxxx>I am an assured
tenant of a Housing association. The tenancy agreement
says, under "tenant's duties", that I must allow the HA's workmen
into the premises to make repairs etc.
-- Peter Fairbrother
You signed to say you had read, understood and agreed to the
contract. Why are you now questioning something that you are fully
aware of and agreed to.
Speak to the people you made the contract with. They will explain
it all to you. Failing that, go and see the CAB.
Regardless of what is in the contract, tenancy law may require a
particular period of notice.

24 hours is usually sufficient.


24 hours is a minimum suggested awhile ago now in the OFT's report on unfair contract terms in tenancy agreements. Put simply, giving less than 24 hours notice for non-urgent repairs would be considered an unfair term, too little notice - but 24 hours is not necessarily sufficient notice. Indeed, even 24 hours might still be considered insufficient notice, and the terms unfair and therefore unenforceable udder Unfair Contract Terms Act. That would depend on, for instance, the type of tenancy, the type of landlord, the contract, and so on.

While the above is correct, there is also this: ss.11(6) of the Landlord and Tenant Act 1985 implies a covenant on the tenant to permit the landlord entry to inspect the premises (but not to make repairs) - however, once again it's just a duty on the tenant to permit entry, and it does not give the landlord the right of entry.

-- Peter Fairbrother



In my case the tenancy agreement states 4 days notice for inspections and for non-urgent repairs.


S.18 (iirc, but it may be S.16? My memory's not what it was) of the Housing Act 1988 also states that there is an implied clause in any tenancy agreement that the tenant has a duty to permit the landlord reasonable access to conduct repairs. There used to be something similar in the Rent Act 1977 as well, but I believe that has been abolished.


However if the tenant fails or refuses to grant access, as far as I can tell the landlord does not then have any right to enter, and he must seek a Court Order in order to do so. I'm willing to be corrected, but I believe that's the situation.


What I don't know is what tort or crime the landlord commits by entering without permission, either because it hasn't been granted, or after it has been refused. Obviously in either case the tenant's right to quiet enjoyment has been breached, but I suspect there are more torts, and possibly crimes, involved.

Anyone know?



-- Peter Fairbrother
.

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