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?

Its not conflicted at all. You have no right to enter the property without permission unless it is an emergency. If you can't gain access to fulfil your stat obligations you can end the tenancy to do so. Its really very simple to understand.

And I know many barristers and solicitors, I am one, and this is a point that is frequently argued in court with varying degrees of success. Which is why we are arguing here. It is down to reasonableness of your actions.

It says on your post that "Section 11, from The Landlord and Tenant Act 1985, the landlord must give you 24 hours’ notice before entering the property for any reason such as repairs" Yet you are claiming that as authority that the landlord cant enter to carry out a fire safety inspection and thats harrassment?

Yes, they must give you that much notice AND you have to give them permission. TWO things, not ONE.
Are you not following?

Tawnyport Point us to the law please that says what you claim.

tawny The part which you are missing because it's later legislation is that HMO safety checks are equal to gas safety checks. Just as you can give 24 hours notice to enter to perform the gas safety check the same applies to HMO rules.

It's also not a complete stranger being let in on a random basis. It's the LL letting in a bonded contractor to perform a fire safety inspection. The contractor will be registered with the council to be an approved person.

The rubbish spouted on here has been so sad to read. Some people clearly have an irrational hatred of LLs.

I think you actually need to read the section. Thats not what it says. Its not me who is not following. I have copied subsection 6A from section 11 of the
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Landlord and Tenant Act 1985 that you have quoted.

6A in a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.

tawny, to help you out - the legislation above (that you cited originally) says that even if it doesn't say in the lease, the landlord can enter the premises with 24 hours notice. It is also free for the parties to put something on the matter in the lease and it usually would be.

and its certainly not harassment for a landlord to enter premises to carry out or assess the need for repairs on reasonable notice in England (or Scotland). Please provide legal authority to the contrary.

you know what, I think I'll go with every expert lawyer, every tenant advice service, the cab, logic, and my own knowledge rather than self serving landlords on here and those pretending to be lawyers who clearly haven't the first idea of tenants actual rights.

Keep telling yourself you're allowed to enter other peoples homes without their permission, hopefully you'll come up against someone soon you can't bully.

Want2beSupermum yes the statutory law has been quoted again and again but they just don't get it.
Tawny the statute in s11 says nothing about the tenant needing to agree. What is your authority for adding that, which bit of law in other words?

Just to clarify for the you tawny there is no need for permission.

Hope thats helpful.

the legislation above (that you cited originally) says that even if it doesn't say in the lease, the landlord can enter the premises with 24 hours notice. It is also free for the parties to put something on the matter in the lease and it usually would be.

Still wrong. You forgot that no clause in a tenancy can override the fundamental right to quiet enjoyment. Shows how little you actually know!

Just to clarify for the you tawny there is no need for permission

just to clarify for you, there is. Hope that helps.

tawny - you are making no sense at all. the law and the lawyers dont say that at all. sorry but thats just not correct. you will get the op evicted for being unnecessarily difficult. a fire inspection is important. no landlord wants a property that is unsafe.

specialist landlord and tenant lawyer Tessa Shepperson of LandlordLawBlog says:. "Under the Protection from Eviction Act 1977 landlords must not do anything which could be deemed 'harassment', and entering a tenant’s home without asking first is a prime example of this

Will you call Tessa and tell her she's wrong then?

tawny - no legal basis in what you are saying im afraid. "You forgot that no clause in a tenancy can override the fundamental right to quiet enjoyment"

what nonsense are you talking now? Authority for that please! legal authority i mean like a statute or case

Sod off demanding I do your googling for you! Look it up yourself you lazy git.

Tawny - in this case they are asking first though aren't they. Nobody is saying you should not give notice at all. but 24 hours is in the statute as being sufficient. No consent is needed.

so its you who is wrong and who isnt understanding what Tessa is saying. and how do you know I am not a specialist lawyer? or a judge?

Unfortunately you are just misunderstanding something you have read on the internet.

dont be so rude. If you are saying something is unlawful, you need some authority for that.

its not unlawful for a landlord to enter a property for repairs or assessments for such with 24 hours notice and there is no statute or case that would say that it is. I have already posted the section of the statute for you to show you that it is not illegal.

Tawny - in this case they are asking first though aren't they. Nobody is saying you should not give notice at all. but 24 hours is in the statute as being sufficient. No consent is needed

ASKING means you care whether the answer is no or not. Consent is very much required.

ts not unlawful for a landlord to enter a property for repairs or assessments for such with 24 hours notice and there is no statute or case that would say that it is. I have already posted the section of the statute for you to show you that it is not illegal

It is, and I've provided you links to explain why it is. Not my fault you dont understand these very simple things.

Sorry tawny but its you who is misunderstanding. I posted the section of the statute above to show that entry can be made with 24 hours notice. no consent is required. You might think that consent should be required but that doesn't mean that legally it is.

You haven't posted any authority for your claims and I don't think that there is any. The legal position is as I have stated.

You posted only one section which as you know makes no sense unless you understand the rest. Which you do not.

You are wrong. LL may not enter anyones home without permission except in case of emergency. I'm sorry this very simple fact is beyond your understanding, but nevertheless it is still true.
Perhaps have a small child explain it to you.

www.thetenantsvoice.co.uk/advice_from_us/landlord-access/

Fast facts
As a tenant the law guarantees you have a right to quiet enjoyment of your property.
You’re free to live undisturbed and have privacy in your home.
Anyone who wishes access, must first ask for your permission, including the landlord and the police (unless a court order grants them access).
Your landlord or their representatives may be allowed reasonable access to carry out inspections or repairs, but must first get your permission.
According to Section 11, from The Landlord and Tenant Act 1985, your landlord needs to give you at least 24 hour notice before they come around and visit for any reason.
Their visits must occur in reasonable times of the day.
If you tenancy agreement says your landlord has full access to the property, then your landlord is trying to enforce an illegal clause.
You can explicitly forbid access to your property.
Anyone who enters without your permission is a trespasser and may be guilty of harassment.

*www.generationrent.org/know_your_rights_as_a

Apart from genuine emergencies, landlords cannot enter a tenant’s home without their consent unless they have a court order. If they do so, it could be considered harassment, which counts as a criminal offence.