I am the landlady of a flat which is rented out, I am having constant problems from the owner below about water dripping into his flat. My tenant keeps putting off letting anyone in to resolve the problem , I want to get it fixed. My tenant is undergoing treatment at hospital, she is not always at home. She will be in hospital for a month from next week, what rights do I have as the owner of the flat to ask he for entry whilst she is away , to get the problem fixed ?
You have right of access in emergency regardless of tenants consent, however a small drip may not constitute an emergency in my opinion.
I would notify tenant that you/tradesperson will be entering on a time and date (at least 24 hours notice) and that failing to give consent (required) is a breach of tenancy agreement. Also advise that unnecessary inflated costs of damage caused through her failure to allow for repairs to be carried out will be passed onto her.
Entry without permission in non emergency can be deemed as tresspassing.
Personally, as it’s a drip, which has potential to become a full on flood, (IE what if it’s a plastic speed fit connection about to pop off) i would take the gamble and enter while away regardless of permission, but would try to get it first.
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A drip can easily become an emergency if not resolved. The plasterboard could become sodden, and then suddenly give way & fall.
I would categorise any escape of water as an emergency for which urgent access would be required.
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Actually I would state the risk of injury and safety considerations, such as risk of shock as could be getting into electrics, leaves no room for it not to be an emergency.
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I would be inclined to wait until next week and then drop a note through her door giving 24 hours notice of inspection. If he doesn’t reply refusing access, then you are safe to go in with your keys and your plumber. If she later says she couldn’t reply because she was in hospital then I would simply say that I’d forgotten and apologise.
Would the person in the flat below not allow access so that the damage can br ascertained if it IS genuimely something that is or potentially ciuld be urgent thats your reason to enter