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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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My daughter and her flat mates have given notice to their

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My daughter and her flat mates have given notice to their Landlady not to renew the Tenancy on the flat they have been renting since last August. It ends on 30th August. Landlady is furious they are not staying and being very unpleasant. Her emails are rude abusive and often make little sense. She has informed them that she is going to be entering the property any time she needs to with or without Agents, without giving further notice, as she gave them notice that on the first occasion. She has also now informed us that she is giving us notice that she will be entering each morning to check the place is tidy etc. She can't just give notice to enter each day surely? The contract says, she is entitled to have viewings with 24 hours notice during last two months , but she will not accept that she needs to give notice for each separate visit. One of the students is a trainee nurse doing shift work. Am I understanding this incorrectly? Surely the Landlady can't just let herself in without consent? I feel she should have to give rent back if she is using the flat as though the Tenants have not paid rent to be there?

Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry for the delay.
She cannot just enter without notification but she does have the right to 'reasonable access' which does include allowing her to show the property to other tenants.
She is also entitled to inspect the condition of the property.
However, she does need to give notice and it does need to be by a received means whatever teh contract says on the point.
If they don't agree then they can just refuse the landlady access although they can only do that on three consecutive occasions before she would be in a position where she could argue that reasonable access was being denied and let herself in.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Yes please

I don't feel much clear to be honest.

I fully understand that she is fully entitled to reasonable access, but I was under the impression she was required to give 24 hour notice on each occasion that access is required.

The landlady is insisting that having given 24 hours notice once, she is then covered for multiple further visits without being required to give further notice.

She is also saying that she intends to inspect the condition of the property every morning from now until the end of the rental agreement. Surely this does not constitute 'reasonable access', especially as one of the tenants is a student nurse who is likely to be in bed after a night shift?

Expert:  Jo C. replied 1 year ago.
Every day is probably unreasonable but the hours are not. The fact that the tenants are on shift is not a consideration.
Usually courts will allow three to four times a week to show prospective tenants around and an inspection once a week.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Sorry, I'm still trying to ascertain whether or not she is required to give notice on EACH occasion she wishes to visit.

Expert:  Jo C. replied 1 year ago.
As I have said, she does need to give notice and it does need to be by a received means whatever the contract says on the point.
I suppose she could give notice that visits will be at a set time on specific days of the week that would comply but that isn't what she has done.