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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 26822
Experience:  Senior Partner at Berkson Wallace
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I am a landlord and my tenants will not allow any access for

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Hello, I am a landlord and my tenants will not allow any access for repairs (mould, condensation) on the grounds that they are too busy. Polite appeals have failed. Can I at this stage just give them 24 hours notice and then enter with a workman?

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

How long have you had these tenants?

how long have you known about the issues?

and did you supply them with EPC and valid gas and electric safety certs?

Customer: replied 15 days ago.
5 years, have known for 3 years but lowered the rent for them (they only reported the problem when it was time to negotiate the lease renewal, then subsequently blocked information, ignored emails etc).
There is no gas at the property but I hold the electricity certification.

If he hasn’t changed the locks, then I would do that. The reality is that unless you become a nuisance there is very little that he can do about it on a single occasion.

I have come across this before in rented properties and usually it’s because the tenant dries washing on the radiators without opening windows.

What also happens with this kind of tenant is that they don’t allow access for repairs and then they complain about lack of repair so make sure you’ve got dates times et cetera every time that you were wrong and try to arrange it.

Let’s face it they have to come home sometime so they can’t be too busy to let you in for an hour or half an hour or even 10 minutes to have a look. So like you I don’t accept what they say.

You may find the other reason that they don’t want you in is that the property is a mess.

The alternative of course is to threaten a court application and legal costs for a court injunction to compel them to allow you access.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 15 days ago.
Thank you. They wouldn’t have grounds for legal action if I did that? I wouldn’t be acting illegally?

They would have grounds for breach of covenant for quiet enjoyment and potentially harassment and you have grounds for breach of covenant to allow the landlord to enter to inspect the property and carry out necessary repairs.

If you want to do it properly, but it’s an application for a court order to compel them to allow you access and an application for all the costs of that to be paid by them.

It is often the case that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking. Some do and some don't.

Don’t be at all surprised if solicitors want GBP250 just for opening the file. Shop around.

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Customer: replied 15 days ago.
That’s really helpful - thank you.
Customer: replied 15 days ago.
I don’t really understand the legality… Landlords have a right to enter for repairs, but tenants have a right to deny access..? It seems contradictory.

I didn’t say tenants have a right to deny access. They don’t.

But sometimes they do and you have the answer for that.

Can I help you any further with this? It's my pleasure to help. I’m glad that I was able to help so far. Thank you for trusting Just Answer with your legal problem. I'm happy to clarify anything which is outstanding. Please don't hesitate to ask. Kind regards Stuart

Customer: replied 15 days ago.
Many thanks

I’m glad to help

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

Customer: replied 14 days ago.
Thanks Stuart. Just to clarify, they don’t have a right to deny access but I would be in breach if I entered… still confusing me a bit. Sorry…

No problem. They are in breach by denying access.

You are in breach by entering without consent.

But 2 wrongs do not make one right.

If you want to do it properly and make a court application to compel them and ask the court to award costs against them.

I regularly get questions from tenants whose landlord has entered without consent and tenants ask what they can do and the reality is that if it is only on one occasion, very little.

Stuart J and other Property Law Specialists are ready to help you
Customer: replied 14 days ago.
Many thanks for your help.

My pleasure