UK Landlord Forum / Life

I'm enjoying this forum. I have another question...

The building is a HMO with a communal boiler in the tenants wing. Landlord obviously requires access to service and control the boiler / immersion heater etc. Tenant and landlord agreed verbally that landlord can have access before signing the AST contract.  (Landlord has to knock loudly and wait before entering and inform tenant if out).
Now the tenant has turned hostile and refuses the landlord access to the boiler. Landlord has good reason to access the boiler, for example if the oil runs out he needs to turn the boiler off. Also when it gets warm boiler needs to be turned off and on again if it gets cold etc etc.   Same with the immersion heater if the water authority turns the mains off for maintenance we don't want the hot water immersion heater on.(could be a fire hazard.)
When the tenant is in, she can obviously control the boiler. However if the tenant disappears for days on end and forbids the landlord access, how do the rest of the tenants control the boiler?
So would it be illegal for landlord to go in with his key to control the boiler and immersion heater?  After all this is about safety.

Reasonable access is expected I think.

All those reasons, seem reasonable.

A slightly different situation now...
Does anyone know if a landlord has a right of access to inspect for alleged mould and damp on the walls?
As I understand it, a landlord must give 24 hours notice in order to have access with a key and specify a reasonable time. However tenant is away and says it is not convenient. So who is within their rights?
Could landlord go in anyway with his key provided he gave  more than 24hrs notice even though tenant forbids it?
Thanks.

My worry is the word "alleged"

By Whom, Why, when, on what grounds etc.

The property rented is the property of the tenant during the tenancy, and this just smacks of a Landlord making up an excuse to enter.

  http://www.consumeractiongroup.co.uk/forum/showthread.php?74053-Access-to-the-Property-by-the-Landlord 

A simple Gooooooogled search reveals this advice, which is sound.

The question still remains...

Could landlord go in anyway with his key provided he gave  more than 24hrs notice even though tenant is away and forbids it?

The tenant is away for long periods, windows closed,heating off, all allowing any "mould" to get worse. 

The term "Alleged" was used because tenant says it's there, but it wasn't there during the viewing of the property six weeks previous.

I admit to not enjoying answering questions where I'm not completely sure what angle the OP is coming from.

I dont enjoy posting a link to a thread with the answer and being told the question still remains, all that remains is for the OP to read the article.

Gosh it's like we're are grumpy at the minute....

QuoteI dont enjoy posting a link to a thread with the answer and being told the question still remains 

I read the link, thank you.
However it did not answer my question satisfactorily, which is why I asked it again.

If you think a definitive answer exists in that link, then if you have the time, perhaps you could show where it is?

edit:

ok it says this in the link:

QuoteThe landlord has the right to 'reasonable' access to carry out repairs for which s/he is responsible, but s/he should always ask for the tenant's permission, and should give at least 24 hours' notice (s11(6) Landlord and Tenant Act 1985).

So that does not answer my question, because it contradicts itself.  It says landlord has a right to access to carry out repairs but "should" ask permission. So if I notify / ask tenant  with more than 24 hrs notice and tenant says "no"  I can still go in because I asked / notified ??

Then it goes on to state:

QuoteIf the landlord wants to enter the property for any other reason, for example, to show round a prospective purchaser, s/he can only do this with the tenant's agreement.

Since I am not wanting to show around a prospector this bit  states can only enter with tenants permission. (Therefore  irrelevant).

It then goes on to state:

QuoteIf the landlord is repeatedly entering the accommodation without the tenant's permission, s/he is committing a civil offense because:-   

Since I am not repeatedly  wanting to enter then I am not committing an offense either..





Thank you.

Mate, this is the confusing thing.

That article doesn't contradict itself, but relies on an English Law thing where you use the word reasonable....

Which is what I said in the beginning.

If the tenant doesn't want you in, and you haven't got a reasonable reason, you can't go in.

Who is to say whether fear of Mold, or intentions to clean "alleged" mold are reasonable or not, and what sort of notice would be reasonable, I would say this time of year give the guy written notice that you need access in the next 30 days to check for signs of mold and ask that he provide you with a date and time..... I would say that is reasonable, if it was a gas leak, it wouldn't need any notice, as that too is reasonable??

Make sense?

The repeating thing, is just more proof that you are not being reasonable.

The showing people round is "an Example" I would say similar to checking for alleged mold, and as such, I would say  that if you gave good notice, in writing, sought agreement, then entered anyway, but only once, then this would be fine, and indeed, the Tenant NOT let you in would actually mean you had more cause on the first instance to enter.

If you do that though, take an independent witness and a camera, and I would say you would be fine.

Quote from: brerfoxTenant and landlord agreed verbally that landlord can have access before signing the AST contract.

Can I least try to add something useful to this thread based on the above..? This Tenant will obviously not be there forever, so when the first opportunity arises (possibly even with a new AST after this fixed term) please ensure your AST has a clause in it that satisfies you regarding Landlord access to the boiler, and is unequivocal in nature. Don't make the same mistake again.

Thanks for the advice.  When initial 6 months is up I fully intend to evict the tenant under s21. I may also move the front door of the flat back a bit so I can access the boiler with out having to go past someone else s door.
Live and learn.

Hi I spoke to a solicitor regarding a issue I have and also needed to know about entering our property for a gas check. The answer was we had to write a letter stating the time and day we would be round and also state if there was a problem with the time and date if they put it in writing we would change the time and day to suit them this was because we tried a couple of times before he also said if we arranged it and  the tenant hadn't cancelled it in writing we could enter the property as long as we had given a weeks notice. All very confusing I know.

Excellent, that seems like very sound advice. Thanks for coming back to feedback.