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Landlord & access

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feebee102 | 17:55 Fri 15th Jul 2011 | Law
16 Answers
Hi ABers

Just a question on my sons behalf.

My son & his girlfriend moved into their first flat together. It is privatley rented out not through an agency. They have a rent book etc.

Anyways a few weeks ago while his girlfriend was in the bath she heard voices. She was unsure if they where outside the door of the bathroom or in the entrance porch ( level with bathroom window). THe one voice belonged to the landlord. She yelled out that she was in the bath & their landlord said that he was only coming to see about fitting the new shower. He said he would come back later.

He arranged to have the workmen to come this next Monday ( Friday today) to measure up for this shower. Charlotte came back this afternoon & was walking down the entrance way when she came across the two men who where coming to see about the shower, Charlotte stated it was lucky she had come back home when she did so she could let then in to which they replied it didn't matter as the landlord had given them a set of keys.

My question are :-

1. Is the landlord allowed to enter their flat when he wants without prior warning ( I know he can do checks on the condition of the flat)

2. How do they stand with complete strangers being given keys to the flat.

3. Should they had been given any notification that the men where actually going today instead of Monday.

They both really love the flat but Charlotte is now very worried as she is there quite a lot during the day on her own, and is frigtened that she could be in bed or in the shower etc and have someone walk in on her. Also they are both worried about their possesions as they often leave money, jewelry lying around.

They don't want to cause any nastiness but as this is their first flat they don't know their rights as to what is or what is not exceptable access by the landlord.

Many thanks.

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the landlord MUST give them notice. What you describe is NOT acceptable
Try your nearest Citizens Advice Bureau.
I lived in a flat and it was private rented and I had this problem before. The landlord would just unlock the door without warning and walk in to collect his rent,I never had any items stolen but He had once let workmen in without me knowing when I was at work and when I came home I found alot of my belongings in a mess over the floor where things had been moved about and shifted and fallen over and not put back.At first I thought I had had a break in and rang the landlord but he told me it was workmen come to look at the plumbing and central heating that is linked to all the flats in the building and He told them to bust open the lock as He couldn't make it to them with his key that day.I wasn't happy about It and his attitude was if you dnt like it theres pleanty of flats else where. I later moved out. It's best to sort out some form of contract or agreement before moving in a flat to say who has access to the flat and when Iv learnt. If it's not in contract and you don't own the place than They can come and go as they please and let whoever in.
Being female I feel that the one place I should always feel safe is my own home.

It is unacceptable behaviour on the part of the landlord. What was the guy thinking when he just gave the workmen the keys ? Even thinking about this makes me uncomfortable.
no, ravid, they cannot come and go as they please...thats the point...there are rules...

he must give you notice...minimum of 24 hours i think (though you could negotiate that if time was an issue) and try to fit around you where possible
he also should absolutely NOT be giving your keys to strangers.

the only time he is allowed to just come in is if he was to suspect as flood or gas leak, or fire or something...

otherwise it is your home and you do not have to have him coming and going as he pleases.

I owuld suggest you do a search online and find the relevant information and give him a copy (its possible he doesnt know hes not allowed - for ages my dad believed he could just enter whenever, until the tennant pointed this rule out)
if you feel awkward doing this, you may be able to get leaflets etc send to his address anonymously, so he reads them but just thinks they come as standard or somethign
Question Author
Thank you for all you answers. These have been very useful.
My son is seeing the landlord as I type, so hopefully an agreement can be reached. I know he is a decent chap and wouldn't want to upset anyone.
totally not acceptable - check the lease agreement - talk to landlord and tell him to wake up - if you are unable to take legal advice go to Citizens Advice B -it is absolutely not right what is happening but I re-iterate, check your lease because if he is doing this, there may be other things that aren't right.
they should check their contract. I have just looked at a sample tenancy agreement which says
4.1.7 Right of entry
The landlord has the right to enter the accommodation for inspection or to carry out repairs or maintenance to the accommodation or the utilities serving it, at reasonable times during the day on 48 hours’ prior written notice.
What about real estate agents doing viewings, when the previous tenants haven't left? I've read a couple of reviews (on allagents.co.uk) where tenants complained real estate agents would knock and then just walk in, without giving them the time to answer the door. I had that experience myself: I was supposed to visit a bedsit with a real estate agent, and when we walked in, the tenants (a young couple) were in bed, and stark naked... Since it was a bedsit, we couldn't go to another room, and the real estate agent (a man) 'didn't have the time' to wait for them to get dressed, so he showed me round the flat (1 room with American kitchen + a small shower room) there and then! I was so embarrassed, I couldn't wait to get out!!! The worst thing is, he was extremely pushy, and tried to get me to take that flat: he had the contract all ready in his briefcase, and shoved it under my nose. If I had agreed to take it, he would have made me sign the contract right in that room, since he 'didn't have the time' to go back to the agency either!
Question Author
My son told the landlord how this wasn't on and it made them feel uncomfortable , so much so that they had considered moving out.
The landlord totally agreed with my son that his actions where not exceptable and has promised not to do it again without a prior appointment.
As for the work men, apparently they had been given my sons mobile number & should had phoned him to make sure it was OK, but had failed to do so.

So fingers crossed this has solved the problem.

Thanks once again for everyones help XXXXX
Perhaps suggest to them that they add another lock to the door that they only have the key too? They would have to remove it and made good the works at the end of the tenancy if the landlord asked them to though.
It's bad enough keeping Building Inspectors out! ; ))
We always get notification from the agency if anyone's due to visit, and if the landlord himself wants to visit then he'll phone first to check that it's convenient. When it comes to gas inspections, the agency just gives us the engineer's number and we call him to make the arrangements direct.

As my landlord says, law aside, it's a matter of common courtesy and the end of the day he needs a tenant as much we need a house.
My OH had this happen with the rental agent, they asked him to leave while they showed someone round, and they stayed two hours AND drank his coffee. Not on.
Feebee, when I have rented, the tenancy agreement always says something about the landlord only coming in my appointment - otherwise he's invading your privacy.
No most certainly not! the landlords behaviour is digarceful and against tenant rights!!
A landlord has to give a minimum of 24 hours notice to a tentant for entering their property. Im not sure legally where u stand with the contractors being given keys but morally any good respectable landlord would offer the tenant time suitable for them or alternativly offer to supervise the workers,
You need to read the t+cs of your tenancy agreement there shouldbe a clause about prior notice.
Would advise that your daughter speaks to landlord / write a letter if she feels uncomfortable with confrontation politly asking the landlord to apply the 24 hours notice before entering the property and explain that she feels unsafe wuth strangers in her home
If landlords persists seek advice through Shelter they are a housing and homeless charity who also give free advice to tennants about their rights
http://www.shelter.org.uk/
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