I’m not really sure what your point is here Ryan. Would you have preferred that I make vague comments or unhelpful platitudes? For the avoidance of doubt, I am not a lawyer, nor am I advising anyone on here and I owe them no duty of care. My comments and suggestions are based on my own opinions and knowledge, but if I think I know what I’m talking about I will say it. It does no-one any favours to dumb down the content of forums when they are asking for help.
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David122 we will have to agree to disagree then as I consulted the legal team of the Landlords Association to clarify the boundaries of this issue some time ago. If you go to tribunal you will lose if you have entered the property without the tenants permission (even if you gave 24hrs notice).
Landlords and tenants nevertheless rely on mutual consent (as it is in the interests of both parties) to get things done particularly if they are of a statutory nature. Unreasonable refusal of access for Gas Safety checks for example will be judged in favour of the Landlord if he has given 24 hrs notice but if this is unreasonably refused you cannot enter the property, but is grounds for tribunal. Refusal by tenants will also lead to a tit-for-tat stand off when it comes to a need for repairs, so its a little silly to be obstructive and unreasonable. Best advice for Landlords is to do your bit by reacting to repairs/failures quickly to set the right example as you are ultimately investing in your own property. Reasonable tenants will respond to your requests for access equally so.
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I have just never had a problem with arranging a time to fix a leak , do the boiler check. fix a socket etc most tenants would want these jobs done. Some say just let yourself in , others say I will be there. Agents tho may not be so “friendly” about it ,as they want to show both parties they are in control. . This whole blog shows how a subject can have different views and get out of hand. Almost as bad as PETS and DSS
Mike, a landlord would probably be guilty of harassment if he entered the premises against the tenants wishes, those wishes being expressed at the time or in advance, but if he serves the required 24hrs notice and the tenant doesnt respond, then he can rely on prior consent and the law to enter and carry out the inspection. Otherwise how would landlords inspect properties where the tenant has disappeared.
The housing lawyer David Smith makes the point about consent in his new book on GDPR. He argues that the “gateways” that landlords should for the most part rely on in their privacy notices and when asking tenants for personal data are “performance of a contract”, “legitimate interest” and “legal requirement”. Specially not the “consent” gateway except in very specific circumstances as it is not necessary to seek consent from a tenant for most actions due to being bound with them in a contract and subject to a range of legislation.
Have a look at this useful summary of the inspection requirements on the Landlord Law Blog website.
I 've read enough and spoken enough to legal professionals without getting drawn into dogma and brow beating to crystallize a point of view. If the tenant does a runner you will know fairly quickly when rent falls due and would have a more legitimate case. However, if a tenant takes you to court for entering their property without permission - irrespective of notice - you will lose.
The most important thing in all of this is the mutually respectful relationship you encourage with your tenants so these things don’t become an issue. If you start laying down the law rather than appearing reasonable then you are inviting resistance.
Like I said we will have to agree to disagree.
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Thank you for validating that. That was my understanding as well.
The 24 hour notice is to protect landlords in a dire circumstance. It is not carte blanche to intrude on someone’s home.
As you say, we will have to agree to disagree.
What judges rule is not a matter of “agree to disagree”, actually.
Perhaps people should just read the first couple of posts on acces by Landlordzone’s resident legal expert, Lawcruncher.
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I’m sure the judges will appreciate your sound legal advice and rethink their rulings.
There is no evidence that judges are ruling against landlords who behave reasonably and follow the law.
Entering someone else’s home without explicit consent is not reasonable.
I think I’ve probably posted enough comments on this thread that both tenants and landlords who read it will understand that they can’t just assume their landlord has no right of entry. If it makes tenants take advice from CAB or Shelter before trying to exclude their landlord then that’s probably a good thing and will prevent more unnecessary evictions. Likewise, landlords may understand that negotiating access with tenants is the best way to maintain a good relationship.