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Tids
15-07-2005, 22:02 PM
My daughter currently rents a flat. In June the landlord phoned and told her he wanted to sell up so could they look for elsewhere to live. 2 weeks later my daughter had a chance to take a new property but the land lord refused to let her out of the lease early (yearly lease, expires 31st August) so she had to refuse it.

Now the landlord has told her he wants access to her flat for 3 days so he can do repairs. As she works full time that would mean workmen in the flat in her absence which she is not happy about.

Her lease states "the landlord must give the tenant 24 hours written notice to gain access to the property but must not interrupt the daily living of the tenant". Having told her she won't be able to use the bathroom during the three days, is she within her rights to refuse?

He also said that if he sells he wants her out immediately. She has not receeved any written notification of lease termination. Lease states she must give him 1 month and he must give her 2 months.

Thanks

dazalock
16-07-2005, 07:28 AM
1. No, he has no right to enter the property without her express permission or in the event of a emergency. IN short she can refuse him access.

2. He may not evict her when he sells this place, you state the current AST expires on the 31st August, and that she has not recieved any paperwork. I would sugget that the earliest he could get her out would be 1st November 2005, provided he issues a S21(4a) before the 31st July (Taking into account all previous stated lead time issues as in Paul_F's question time)

3. It sounds that this LL wants everything his own way, sounds like that he wants your daughter in the place paying rent up till the day he exchanges contracts. Your daughter, has the law on her side here and the LL would do well to work with her for the good af all parties.

P.Pilcher
16-07-2005, 09:40 AM
Be reminded that in addition to Dazalock's advice, should the LL correctly serve a S21 notice, then your daughter can leave at any time during the two months that suits her, paying rent up to that time only.

P.P.

PaulF
16-07-2005, 10:45 AM
C'mon Messrs Dazalock & Pilcher - put on thinking cap - the landlord could issue a S.21 (1)(b) Notice now to be effective two months later as its during the fixed period!!!! It only has to end on the last day of a rent period when a S.21 (4)(a) is served after it becomes periodic, so if the landlord was a bit more "on the ball" on this occasion he could in fact have the tenant out in theory by mid-to-late September.

I agree with the rest of your advice concerning access by workmen - tell them to get lost!

dazalock
16-07-2005, 15:05 PM
Fair one, didn't quote grasp that. cheers

To clarify then, with respect to the point by Pilcher, if a S.21 (1)(b) is served now for eviction after say, 21st September, could the tenant then just walk at any time between now and then, as we have established they can with the S.21 (1)(a)?

Tids
16-07-2005, 16:04 PM
Thank you all for your help.

To date she has not received any written notice so I guess she's liable for the rent till the end of the lease. But if she can GET written notice she can go as soon as?

Thanks

PS. Have advised her to tell landlord he can do repairs once she has relinquished the tenancy.

PaulF
18-07-2005, 14:17 PM
Fair one, didn't quote grasp that. cheers

To clarify then, with respect to the point by Pilcher, if a S.21 (1)(b) is served now for eviction after say, 21st September, could the tenant then just walk at any time between now and then, as we have established they can with the S.21 (1)(a)?

No - she could only walk away from it at the end of the fixed term on 31 August; (the correct Notice is a S.21 (4)(a) for terminating a periodic tenancy and not as you have put it!) the fixed term is contractual whereas a periodic term is not unless it states within the AST that it becomes a periodic contractual lease afterwards!

If it were to become a contractual periodic tenancy after the fixed term then the tenant must pay rent to the end of any period for which they have contracted, in other words the end of that month (not calendar month note!)in which the landlord gives notice and for which they have paid rent. I know this complicates matters a bit further, but if the AST becomes periodic and nothing is stated in the AST what happens after the fixed term then the tenant has the protection of a statutory periodic tenancy, whereas if it becomes a contractual periodic tenancy then both parties are contracting to complete a period of the tenancy, usually a month, whatever the cirumstances.

Even if the landlord were to give two months notice (as he is bound to do) the tenant would be required to pay rent to the end of the current period if they wanted to move on immediately, i.e. to the end of that month. If the tenant wanted to give a month's notice on either a contractual or statutory periodic tenancy then it would make no difference at all to their situation as either would end after the rental period from when rent is next due as is normal.