Managing Agents Access Rights

[briandownes]

We are a managing agent for an apartment block, which has some potential serious structural defects. We intend to undertake a full structural survey, for which the engineers require access to every apartment.
Under the terms of the lease we are allowed access with reasonable notice etc etc.

Does anyone know how far we can go with this, ie do we have the right (on the day) to instruct a locksmith to force entry?? Dont want to end up breaking the law!!!:confused:

[jeffrey]

The lease gives YOU no rights at all. At most, it gives the lessor (freehold reversioner) rights exercisable in person or by agent [= you].

[leaseholdanswers]

Unless your firm/company is named in the lease as the manager, the right to enter is the landlord for whom as agents you may if instructed give notice. You cannot force entry to the flats unless the circumstances are an emergency such as a likely collapse and then it is a criminal act where you will be required to explain to a court that the situation called for it, and having enlisted the attendance of the Police. Before doing that the firms principals or directors must be asked to authorise this and legal advice taken and insurers notified.

This is one of those times where you need to write find numbers knock on doors in the evening or enlist a helpful resident ( a half case or flowers will help) to get access. Explain the more visits the engineers make the more the service charge goes up...

(Can I suggest you look at ARMA and IRPM training and membership..... ARLA if these are rented units)