Landlord’s right to visit his property with or without notice

Reply to the comment left by "Ian Simpson" at "06/08/2015 - 07:26":

Hi Ian,

If your tenants only have tenancies on their own rooms they do not have exclusive possession of the common parts. That is, you can freely access the common parts without notice.

The mention of a right of access for inspection on 24 hour notice applies for tenancies (reference is section 11(6) of the Landlord and Tenant Act 1985): Since tenants have exclusive possession the landlord must reserve a right of access if he wants to be able to access the demised premises at all.

Hi - My Landlord text me earlier to check if I would be around to let a valuer in to the flat anytime between 7 and 8 in the morning.

Am I being unreasonable in thinking this is very early for anyone to call to value a property? Its a very inconvenient time to call. I have no problem with the valuer calling but at a more respectable time.

Thanks
Mick

Mentioned above is the 24hr written notice for entry required which is fair enough and not difficult to do. I, or my manager tend to text the tenants about this. A screenshot can always be printed off and kept as written evidence if necessary later on, along with their response... Obviously, if no response, no entry is allowed....

The question of the tradesman is another question, to which I dont see an answer. For example, we have given 24hrs notice to a tenant in an HMO for a builder to examine, measure and survey a wall, before it is upgraded to fire-safety standards following a recent inspection. Once the work begins, the builder will need day-long access for 4-5days at a guess.... Is there a statutory way of telling the tenant about this before it happens...?

Reply to the comment left by " " at "30/08/2015 - 03:03":

I would never ask for anything from a tenant before 7am. I would be highly apologetic before 9am! 8am is the earliest time that noise and disturbance is acceptable in the UK.

There may be some exceptional reasons, but it sounds like it is more convenient for someone to do it in their way into work.

Does the right for a tenant to refuse access apply where the contract is a license? I don't know what the difference is - where there is a license for renting a room in a house (with use of the communal areas) and the wording states the agreement doesn't mean the parties are landlord and tenant and that the tenant doesn't have any protection under statute, what rights does the tenant have?

What the contract says has very little relevance, statute overrules it. What makes you think this person isn't a tenant, other than the contract?

You can put a badge on a football calling it a duck, but that doesn't make it a duck.
.

Reply to the comment left by "Sue Watkins" at "11/11/2015 - 18:26":

Hi Sue,

In the case of a license, the licensee ('tenant') hasn't got exclusive possession but just the right to use the premises. Therefore you (as licensor/landlord)may enter whenever you wish.

The key, as Mark suggests, is whether the arrangement is a genuine license or just a sham and in fact a tenancy.

I have a query I'd be grateful for some guidance on if possible.

I'm a tenant in a building that has approximately 10 years left on the lease (according to the landlord).
The lease was recently purchased by a large local retailer.
The retailer has over the past couple of years been acquiring all the local surrounding property leases, evicting many of the owners and undertaking improvement development work in the area which includes the surrounding streeting etc.
The building I'm a resident in has a mix of retail on the ground floor, commercial businesses and residential on the upper floors.

Since acquiring the lease, (which I'm advised makes provision for a continuation of habitation), the lease holders (and their surveyors) visit (with 24 hours notice to the landlord, who in turn advise the building occupants), on a regular basis, perhaps every 6 weeks or so.

When the surveyors visit, there may be a group of 5 to 10 individuals who appear to take the same pictures on each occasion.

The visits are very disruptive and slightly intimidating.
There is never any disclosure as to what the plans are for the building and occupants or why there are so many repeat visits.

The result of this, is an increasing feeling of uncertainty and concern regarding a potential eviction.

I have had repeated verbal indication from the landlord, to which there is a long lasting and positive relationship, that we will all not be evicted during the remainder of the lease.

It should be noted that I have been in the property for over 5 years.

My query being, are the leaseholders able to continue to request visits of such a high frequency and provide no communication as to why they are visiting or what their long term objectives are?

Any guidance would be much appreciated.
Thanks in advance,
Ryan