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dbullen
14-05-2007, 14:00 PM
Sorry in advance if I've missed this on another post, I couldn't find it anywhere.
I rent out a house with 13 bedrooms to students on individual TAs (AST). I am certain I've been advised in the past that I only need to give 24 hours' notice to enter those areas of the property that they exclusively occupy, i.e. the bedrooms, not the shared living rooms, kitchens, etc. However having now been challenged on it I have Googled and can't find anything to back me up.
Have I been wrong all this time?
If not can anyone point me to any evidence that I am right?
Thanks a lot in advance.
Dean

jeffrey
14-05-2007, 14:04 PM
Sorry in advance if I've missed this on another post, I couldn't find it anywhere.
I rent out a house with 13 bedrooms to students on individual TAs (AST). I am certain I've been advised in the past that I only need to give 24 hours' notice to enter those areas of the property that they exclusively occupy, i.e. the bedrooms, not the shared living rooms, kitchens, etc. However having now been challenged on it I have Googled and can't find anything to back me up.
Have I been wrong all this time?
If not can anyone point me to any evidence that I am right?
Thanks a lot in advance.
Dean

There are two answers: yes and no.
"Yes" because they agreed this, I assume, in the Tenancy Agreements.
"No" because many contributors see this as harassment and not OFT-friendly behaviour.

Bel
14-05-2007, 23:53 PM
You should give 24 written notice and get their consent.

If they do not give it reasonably, then they are breaching agreement. If they are often non cooperative, you might want to give them notice to leave. But you cannot force entry.

Also under HMO management regulations, they have a duty to cooperate with the manager regarding access to rooms.

dbullen
18-05-2007, 08:46 AM
So is there no difference between a shared house on a joint tenancy, and individual room tenancies?
Can the tenants sign a voluntary waiver at the start of the tenancy? Would that stand? Feedback indicates they get fed up with the number of texts I send them at the moment, and that's only for access to their rooms! It would be totally impractical to have to wait for their consent to enter the shared areas of the house - many of the students are foreign and go home for up to a month at a time.
I presume that if one tenant asks to see me I don't need to get permission from all the others, if I've been invited?

J4L
18-05-2007, 09:05 AM
So is there no difference between a shared house on a joint tenancy, and individual room tenancies?
Can the tenants sign a voluntary waiver at the start of the tenancy? Would that stand? Feedback indicates they get fed up with the number of texts I send them at the moment, and that's only for access to their rooms! It would be totally impractical to have to wait for their consent to enter the shared areas of the house - many of the students are foreign and go home for up to a month at a time.
I presume that if one tenant asks to see me I don't need to get permission from all the others, if I've been invited?

I'd be interested to know WHY you need access into an individuals room and why is it impractical to 'wait' for consent.
I'm guessing that in your AST's you have written in that tenants who are going to be out of the property for x number of days or more need to inform you. Thus once you have been informed surely you can then get permission to enter rooms?

dbullen
21-05-2007, 15:43 PM
I am not complaining (or asking) about having to consent to enter people's individual rooms. I ALWAYS do this and always will. I am asking about communal areas, as per the post heading.

attilathelandlord
21-05-2007, 19:14 PM
They have exclusive possession of their rooms only, the landlord can enter the communal areas at will, but always a good idea to give notice you will be in communal ares.

dbullen
23-05-2007, 16:01 PM
They have exclusive possession of their rooms only, the landlord can enter the communal areas at will, but always a good idea to give notice you will be in communal ares.

Thanks a lot for agreeing with me! I'm relieved!
I need to persuade the University of Sheffield though - any idea what legislation I can point to that refers to the exclusive possession?

Thanks again,
Dean

attilathelandlord
23-05-2007, 19:51 PM
Their contracts!

Individual contracts will state that they are renting a particular room. Under the Housing Act 1998 it states that the tenant has EXCLUSIVE possession of that which they contract for. (ie the room) and not the communal areas.

Therefore they can only exclude you from the room, not the communal area.

If you were renting a whole property under one joint and severally liable contract then they would have exclusive possession of the WHOLE building and not just their rooms, so you would not be able to enter the building at without their permission.

dbullen
25-05-2007, 11:59 AM
Thanks for your help. They have now backed down and admitted that is so.
Cheers,
Dean

Bel
25-05-2007, 12:09 PM
Not saying that you would, but if someone were the kind of landlord that kept popping up in the communal area for no good reason, this could interfere with the tenants " quiet enjoyment" of their home and they could claim harrassment. Which is possibly why attila hints that it may be good practice to give notice of entry to the communal areas.