On Tue, 11 Apr 2017 04:31:31 +0100 (GMT+01:00), Iain <
sp...@smaps.net>
wrote:
>Neil Williams <
wensl...@pacersplace.org.uk> Wrote in message:
>> On 2017-04-10 07:01:15 +0000,
andym...@gmail.com said:
>>
>>> A few days ago when my friend was at work, landlord (75yo) came to
>>> their house, opened the doors (wife with kids was inside) with his
>>> spare key and pretended he was trying to fix something. He tried to
>>> kiss my friend's wife (she is 20), proposed her a cash etc. She told
>>> him to f*off.
>>
>> Wow. Have the Police been called? That is near certainly some form of
>> assault.
>>
>> Neil
>
>Yes, 'Wow'.
>
>My understanding is that a landlord does not have an automatic
> right of entry, even if this so-called 24-hour notice is given.
> It has to be by mutual agreement, unless in an emergency.
The landlord has a right of access in order to carry out necessary
repairs and to inspect the property. Other than in emergencies, this
must always be with at least 24 hours notice and, where possible, by
arrangement with the tenant.
However, if the tenant persists in unreasonably denying the landlord
reasonable access, the landlord is entitled to insist on it. What
would be considered reasonable in such circumstances is a question of
fact to be determined by a court if necessary.
>The tenant is entitled to 'quiet enjoyment' of the premises.
>
>Also I believe that the landlord need not necessarily be given a
> set of keys. This may be detailed in the tenancy agreement.
>
>However, since the landlord seems to have already gained
> unlawful access to the premises, it could be argued that, for
> your own 'protection', he has forfeited that right.
The law doesn't generally work on the principle that "two wrongs make
a right". If the landlord is entitled, via the tenancy agreement, to a
set of keys, then his own actions will not affect that entitlement.
>Once, when my landlord went into my flat without my permission, or
> without my initial knowledge, I threatened to change the locks
> and not give him a key!
>
>Also, several months ago, my landlord's son (fairly new to the
> business) gave notice to do a 'regular check' on the premises. I
> said that there had never been a 'regular check' before, and so I
> did not allow him in.
If a landlord is not carrying out a regular check, then he is being
extremely remiss in his duties. How frequent such a check should be is
a matter of opinion, but every landlord (or their agent) should give
their properties a once over every now and then, if only to spot
potential maintenance issues that have not been reported by the
tenant. The RLA, for example, recommends that landlords have a
schedule for checking smoke and carbon monoxide alarms, even where the
tenancy agreement also places this responsibility on the tenant. Some
insurers will also require landlords to inspect the premises regularly
as a condition of providing landlord insurance for them.
Mark