Can LL enter flat without permission?

[wildsummerdreams]

Hi all, our landlord wants to enter the flat for a routine safety inspection, but I'm away travelling and don't want her to be in the flat without us there. I've asked her to rearrange the visit but she's being quite persistent.

I feel this is an invasion of our privacy. Would it be breach of contract if she enters the flat without our permission?

I am no expert, it from what I have read here, she can’t enter the flat without your permission - unless it is in an emergency (ie. if the pipes burst whilst you were away) - but I am sure someone more experienced than me will be along soon.

The contract probably includes a term to say that she can enter the property as long as she gives X amount of notice (e.g. 24 hours). Have you looked for such a clause?

Generally they only have to provide 24 hours notice to assess repairs needed/safety inspection etc. So I'm afraid she can enter.

Hi OP. We had a similar situation when we last rented. Your contract probably has a clause saying inspections must be allowed providing LL give a 24 hours notice. However, if you refuse and they enter anyway it's trespass. Under common law you have right to quiet enjoyment. If you're just asking LL to come at a time when you will be in I think that's quite reasonable. You could contact shelter to double check your rights. We politely but firmly refused our inspection until one of us was able to be present. LL always seem to forget that they may own the house but it is your home!

the contract does not and cannot remove your legal rights.

So the landlord might have a clause saying she can take your firstborn child, or can enter your home without your permission.

She can't

I'm surprised they're still trying it on.

Send here a letter saying you do not give her permission to enter your home.

Short answer: No.

Reply with a list of times which would be convenient to you.

How long have you been travelling and when are you back?

The contract probably includes a term to say that she can enter the property as long as she gives X amount of notice (e.g. 24 hours). Have you looked for such a clause?

Doesn't matter what clause is there they still cant come in without permission unless its a real emergency

Generally they only have to provide 24 hours notice to assess repairs needed/safety inspection etc. So I'm afraid she can enter

See above. I wish people would stop repeating this myth.

No LL can enter a property without permission unless it is an emergency. No ifs or buts or clauses can change that whatsoever.

Did you inform them you were going travelling? If you are not occupying the property for more than two weeks you are possibly breaching the tenancy and their insurance will be invalid. Check your agreement

If you are not occupying the property for more than two weeks you are possibly breaching the tenancy and their insurance will be invalid. Check your agreement

OP has every right to have a three week holiday or longer, again tenancy clauses do not change the laws.

Thanks all.

Yes, the 24h notice clause is in my contract.

I usually travel for work 2-3 days per week. I have let my landlord know suitable dates as soon as next week, but she's being unreasonable IMHO.

Yes my landlord has one of those 'fantasy contracts' where he says this that and the other, but as i pointed out to him, nobody can over-write the law.
He has not spoken to me since.. which frankly is a bonus..

Keep an electronic paper trail- ie email.

Do not agree anything by phone.

We're right in the middle of dealing with this, since our letting agents used agency keys to enter the property for an inspection recently, completely against our wishes.

They've always tried to give us the impression (without ever outright saying it) that they can enter our property at any time, so long as they give notice, but it's nothing so simple. The landlord has a right to inspect and maintain the property; the tenant has rights to quiet enjoyment. Neither right supersedes the other.

If you're being reasonable and suggesting alternative dates for the inspection, the landlord would be very ill-advised to use their own keys to enter the property anyway. I believe, in certain circumstances, it's more than just a breach of contract; it can be harassment, or trespass. Just stay firm, polite and repeat (in writing) that you don't permit access on that date, but are happy to offer alternatives.

Which law is it and does it specifically say the provisions cannot be over-ridden by contractual terms?
Not questioning, just curious! I know of a similar one in other legislation, it's useful sometimes.

OP a lot of legislation is available online, you could include a link to it in an email to your LL if that wouldn't be too cheeky.

" Which law is it and does it specifically say the provisions cannot be over-ridden by contractual terms? "

nobody can write a contract that over-writes a tenant's legal rights.
A lot of landlords think they can, and an awful lot of people are taken in by this, but they cant.
For example, as PigletJohn said, they could add a clause saying they have the right to your first born child, but that doesnt make kidnapping legal does it?

Thanks everyone! This is super useful.

Any links to law I can include?

Also I have not way of knowing if they got in or not, as I will be away

england.shelter.org.uk/

Just a thought - when is the landlord's gas safety check due and is this the routine safety check they want to carry out? Legally the LL has to ensure that is carried out so they may be concerned to ensure it is renewed in time. If it is, could someone else attend in your absence, eg a family member or friend?

It's a routine (not urgent) fire safety inspection.

try the landlord and tenant act 1985 and possibly 1987

The landlord has a right to inspect and maintain the property; the tenant has rights to quiet enjoyment. Neither right supersedes the other.
Actually the latter pretty much does supercede the former. If the tenant does not give permission for entry, the landlord cannot inspect or maintain the property. They need to evict the tenant to do so.

@slievenamon I'm not saying she can't go on holiday, that would be ridiculous!

I'm saying she may have a clause in her contract that she has to notify the landlord if the property is going to be empty for any extended period of time. In my contracts this is 2 weeks. And yes, these are written by an employment lawyer.

Landlord insurance also states that the landlord should take steps to check in the property if it is empty / not occupied for the same period of time, for obvious reasons.

Oops. Meant to say specialist lawyer, not employment!

Yes and that clause would be as unenforceable as the one saying he can enter if he gives 24 hours notice.

BTW an employment lawyer is not a property lawyer and I really don't know why you would use one for a rental contract, but that might be why yours has daft clauses like the 2 week one.