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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Dear solicitor! We are about to leave our rented property

Customer Question

Dear solicitor!
We are about to leave our rented property on the 12th of June, we are moving to our new house on the 7th. Our landlord want to carry out a repair on the en- suite shower and wall beginning 3rd of June for nobody knows how long. This will be in the week we move out, that will be very busy for us week and at the same time we have 9 month old baby and 4 years old that we look after in the flat. We suggested that the date is inconvenient and wanted to change it for the 10th- we won't be in the property, there will be easier for the builders to do the repair, but all we got from the landlord was that they won't change the date. I'm so stressed! The problem we had with the leak in the shower is been going on for 2 years and now they are ready to fix it in the most inconvenient for us time. Is there anything we can do?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Expert:  James Mather replied 4 years ago.

You have not
asked a specific question but I will try to assist. I am happy to answer any
specific queries.

The landlord is
entitled to come into the property on reasonable notice (usually, at least 48
hours except in an emergency) to inspect the property and to do minor repairs
but not to do refurbishment which is what he appears to be doing if this is
going to cause major disruption and is more than simply fixing a leak.

So, whether he is
able to come into the property really depends on the extent of the work
required. If it is going to be a few hours, I think he has the right to do it.

If it is going to
be a couple of days, then in my opinion he does not.

However what he
has the right to do legally on what he will do all wants to do two totally
different things.

If he insists,
you are faced with simply refusing him access. If he tries to be forceful, call
the police.

If the landlord
were asking me the question I would tell him that he is on very dodgy ground with
this and that he should rearrange it for the sake of two days.

It really comes
down to how walk with the landlord is going to be and how much grief you want.

You can sell the
landlord that you have been advised that as this is not an emergency and is not
a simple repair, you are not obliged to give him access and he will have to
rearrange it until after you have gone.

If he feels
differently, he is faced with a court application.

Does that answer
the question.? Can I assist any further?

I am happy to
follow up any individual point you make

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