Tenant's legal rights

[legdenti]

Does anyone know what the situation is legally when landlord has served notice because they are selling the property and want to come and do internal work to the property prior to viewings? I have said it is not convenient but they have said they are coming anyway. We have the usual Tenancy Agreement between us.

Are you asking if you have to allow them in to do the work?

If so, then if you are an assured shorthold tenant, then no you don't have to allow them to enter your property to do this if the work is cosmetic (considered an improvement)

You don’t have to let anyone in at all if you don’t want to. Exception is emergency access e.g. gas leak or fire in building

Thanks. So what do I do when they turn up?

Say no.

Landlord has right to access if they give reasonable notice. In an emergency landlord can access without notice.

I would change the locks. The only way the landlord would know is if they try to get in without your permission. Even if your contract says that you can’t change the locks as long as you keep the old barrel and change it back afterwards there will be no damage and the landlord can only force the issue via the courts which will take longer than your notice period.

You have the right to peaceful enjoyment of the property that you are paying for. You can make them wait until after you leave if you want to

@thumpingrug

Landlord has right to access if they give reasonable notice. In an emergency landlord can access without notice.

A Landlord must give 24 hours notice of their intent to visit, however, you CAN say no. A LL's only recourse if you refuse is to begin the eviction process. Which yours has. They cannot just enter.

If you haven't already done so, change the locks. It only costs a few quid, you can do it yourself with a simple YouTube tutorial and you must change the locks back when leaving.

Legally the only way you can change the locks is if you provide the landlord with a key. Please do not take this advice you could end up with all sorts of issues especially if you are hoping to rent again.

The landlord has to give you 24 hours notice in writing, you cam refuse but in certain cases provided they can prove they have served notice (ie signed for post) they can enter regardless.

What is the work they want to do and why don't you want them to do it?

Landlord has right to access if they give reasonable notice.

No they can’t.

you cam refuse but in certain cases provided they can prove they have served notice (ie signed for post) they can enter regardless.

Can you provide a source for this?

What is the work they want to do and why don't you want them to do it?

Presumably because it is hassle for OP without any benefit.

@MaryAndGerryLivingInDerry

Landlord has right to access if they give reasonable notice.

No they can’t.

you cam refuse but in certain cases provided they can prove they have served notice (ie signed for post) they can enter regardless.

Can you provide a source for this?

How does the landlord and tenant act of 1985 strike you? You have to propose a more convenient time, you cannot outright refuse

How does the landlord and tenant act of 1985 strike you?

The whole document? You can’t be specific?

Thanks. They want to redecorate downstairs including in the kitchen where I wfh and fix all the things I have been asking them to fix for the last 2 /3 years. I'm not being difficult, I've been letting in and spending time with various people related to the sale on their behalf. I just feel a bit stuck and threatened by their attitude towards me.

Call Cit Advice.

Landlord has right to access if they give reasonable notice. In an emergency landlord can access without notice.

Why do people post with such certainty when they are so wrong?

Of course OP does not need to let them in to redecorate while she's working.

There may be cases where a tenant who is not self-isolating persistently refuses to allow access to the property. In these cases, if appropriate, landlords still have the powers and tools available to gain access to their properties. This includes access to the Courts to obtain an injunction or, in the case of a local authority landlord, a warrant.

www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/coronavirus-covid-19-guidance-for-landlords-and-tenants

OP. Say no in writing. If they turn up, call the police. Do not change the locks.

@thumpingrug

Landlord has right to access if they give reasonable notice. In an emergency landlord can access without notice.

That is quite frankly-bollocks. (not a legal term)

if it is for improvements rather than a landlord obligation for repairs under s11 of the landlord & Tenant Act then that is a different matter and even then a tenant can refuse access. However in that scenario, the LL would still have to obtain an injunction in order to enter, unless it is an emergency.

A tenancy agreement may contain a clause that a tenant must allow access for (insert reason)if a LL gives (insert timeframe)notice within (last 2 months of tenancy) but that is a contractual issue, not a Housing Law issue.

The tenant has exclusive possession of the property and it for the tenant to consent to who they allow to enter the property.

It does mean the LL could apply to court for financial loss incurred as a result of not being able to market the property for instance, but whether a judge would side with the landlord on this matter as reasonable would be for them to decide, but would be unlikely if as is as the OP describes.