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Is there anything in the tenancy agreement that allows access please?
yes 3.6 Right of inspection and entry.
What does the clause say?
to permit the landlord to enter and examine the condition of the premises at reasonable times upon reasonable times upon reasonable notice(except in the case of emergency) and the landlord may serve a notice on the tenant specifying any breaches of covenant or repairs which are the tennants responsibility under this lease and requiring the tenant to remedy such breaches and carry out such repairs as soon as reasonably practicable and if the tenant does not startwithin a reasonable period of time and then proceed diligently to remedy such breaches and carry out such repairs within such time as aforesaid the landlord may enter the premises at anytime thereafter(without being responsible for any damage caused or any disturbance of business)and remedy such breaches of covenant and carry out such repairs and(without prejudice to any other rights available to the landlord in this respect) the tenant will pay to the landlord on demand the costs incurred by the landlord including any surveyors or agents fees together with interest.3.62 to permit the landlord to enter premises at reasonable times after reasonable notice (or at any time in an emergency to a execute repairs alterations to any other part of landlords property or construct any buildings on it or construct or connect into the service media. b )carry out landlords service etc.
OK - did you get notice?
that morning they said the marina staff had tried to telephone me they said it was a dull signal on my phone.(landlord is saying now it was a no tone signal,like the marine staff told me when i asked them why they had entered without permission.i THEN ASKED WHY HAD THEY NOT TRIED AGAIN?why had they not left a voice message? I was on the phone to many clients that morning talking on the phone ! sure my phone goes straight to voicemail when i cant get a signal anyway. So i guess its my word against theres.
But it was not an emergency though, or was it?
no i wouldnt say it was an emergency .the marina staff that work for him explained the night before they had problems from the resturant above blocking the drains with food fat etc down the drains.etc previously on a number of occasions.
Technically they are in breach of contract.
You could sue for breach of contract and claim loss and damage if there was any
Further the Landlord appears to be in breach of the regular peaceful enjoyment clause
You could potentially seek an injunction to stop them entering the property again
But you could certainly sue for breach of contract
Can I clarify anything for you about this today please?
The landlord is now saying as i questioned was it an emergency?His answer now is he explained that he has a property that nhs patients go for certain things etc his reply was nhs patients that are operated 24/7 and do not have yhe option to cancel clients for the day as they are dealing with nhs patients.its therefore our responsibility as the landlord to try and resolve the foul odour issue without delay he said this classes the issue as an emergency .
I can't see that this is the case. If there was a water leak or something then I can see that this would be an emergency, but otherwise no
Exactly thats what i thought .Water,fire etc i would class as an emergency.
Can I clarify anything else?
No thats it for now i will state these points to him in an email to him im sure it wont be my last battle with him .How do i contact you again if i need you please do i come straigh through just answer again ,Thanks youve been brilliant
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ok i will leave feedback Alex thanks youve been great and you might here from me again.Thanks and take care