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I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.
thank you. Lastly, in terms of the inventory you carried out, which I note you carried out yourself rather than using an inventory clerk, have you also taken detailed photographs to go alongside that inventory report and these have also been signed by the tenant as representing the condition of the property at the time?
thank you. Because your tenancy agreement has a provision that you may attend the property subject to notice, then providing you serve written notice in accordance with the notice provisions in the tenancy agreement or if the tenancy agreement is silent on what is required to serve a valid notice, then you can serve a notice by first class post or by leaving a notice by hand at the property, you can then attend after the requisite notice period has expired without the tenant's permission. However, if the tenant actively contacts you and refuses permission, then you cannot rely on the notice to override his refusal. To do so may be a breach of the protection against eviction act and also, the competition and markets authority have provided that such terms and tenancy agreements cannot override tenants active refusal to allow admission.
If the tenant actively refuses, then the only choice to safely and legally enter the property is to obtain an injunction together with costs in the County Court:
before making an application, you will need to explain to the tenant what you will do if he does not allow you to inspect the property and that he will be liable for court fees and costs in respect of that application. The court fee is £332
providing you have not received an express refusal from the tenant you can attend but you cannot force your way in. On arrival, you should not call ring and if there is no answer, use your key making sure you announce yourself clearly. If the tenant is in the property and refuses to let you in, you should not force your way and as again, this would be an offence under the protection against eviction act
for the avoidance of doubt, I refer above to ringing the doorbell or knocking on the door before you enter. If the tenant does not answer, and has not previously formally objected to you attending the property following service of your notice, you can then use your keys to enter ensuring you announce yourself loudly. If the tenant is in residence and tells you to leave, you should not seek to remain.
I'm glad the above is of some assistance but if you have any further questions, please revert to me.
I'm glad the above answers all your questions for now. If you have any follow up questions of course, please reply back to me.
Thank you again for visiting JustAnswer and see you again in the future I hope.
If the tenant is refusing access you will need to send an email or letter to the tenant advising that as they have repeatedly refused access and not made any reasonable proposals to allow you to access for the purposes of an inspection, if they do not allow access within the next seven days, you will have no option but to make an application for an injunction together with court fees to order access to the property for the purposes of inspection. You will need to refer to the specific provision in the tenancy agreement that gives you a right to inspect the property - you will also need this for the purposes of an application for an injunction as if there is no provision in your tenancy agreement to this effect, you will not be successful.
An application can be made for an injunction using the following form and the court fee is £332 which you can apply to be awarded against the tenant on the basis you can demonstrate that you have taken multiple attempts to access without success.
the court will allocate court time in relation to injunctions based on urgency and need. Extremely urgent injunctions can in exceptional cases be obtained same or next day.
I am afraid not.