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What is in your agreement regarding Landlord access please?
It is AST agreement, I rent this student accommodation from Aug, 2013 to Aug 2014.It is not a student accommodation operated by university but a private company
for the agreement regarding Landlord access, I need to check, please waitBut do you think the landlord get into my room without my permit is breach of covenant for quiet enjoyment?
Not if the Landlord has a right as per the tenancy agreement.
If the Landlord does NOT have a right as per the tenancy agreement then it would be a breach of the agreement.
But generally a Landlord will have a clause saying they can access by giving 24 hours notice.
But let me know what the clause says. Thanks
8. ACCESS BY THE LANDLORDThe Tenant will permit the Landlord and the Management Company and anyone authorised by the Landlord and the Management Company to enter the Flat (including the Room) for the purposes set out in sub clauses 8.1 and 8.2. These visits will be pre-arranged (where reasonably possible) and conducted at reasonable hours in the day time (except in the case of emergencies);8.1 to show the Accommodation to prospective tenants;8.2 to inspect the Accommodation from time to time and to carry out repairs to the Flat, the Room, the Room Items or the Shared Items as necessary and to take monthly electricity meter readings.
I also found a clause about landlord's obligation
13. LANDLORD’S OBLIGATIONSThe Landlord agrees to;13.1 allow the Tenant to quietly possess and enjoy the Room without unnecessary or unwarranted interference;
Ok - was anything prearranged?
Ok. Then the Landlord is in breach of the agreement.
He can only rely on clauses in the agreement, if not he would be in breach of contract.
You could therefore sue for loss and damage and claim compensation.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
I want to know what is the meaning of "prearranged"?and will this (where reasonably possible) have any effect?
Pre-arranged simply means you both have agreed a time and date.
It should only NOT be pre-arranged where it is an emmergency.
Does that help?
Yes, It's clear now, thank you very much!
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