Q. I have been renting my apartment for 3 months now and my Landlord is constantly wanting access for one reason or another, surely I must have some rights not to be disturbed so frequently, I understand that if something needs attention in the property I should allow access to tradesman and I have no problem with the twice yearly routine visits, but unannounced visits from my Landlord are really making my life a misery, can you advise?
A. Unfortunately I hear this happening way too often, some Landlords don’t get to grips with the idea that once they have signed a tenancy agreement and agreed to let their property they can’t just cruise in and out of the property as and when they feel like it. You as the tenant do have the right to ‘quiet enjoyment’ without unlawful interruption from the Landlord or any person representing the Landlord. As you’re aware, a landlord, or his agent, or someone authorised to act on his behalf has a right to view the property to assess its condition and to carry out necessary repairs or maintenance at reasonable times of the day. The law says that a landlord or agent must give a tenant at least 24 hours prior notice in writing (except in an emergency) of such a visit. Naturally, if the tenant agrees, on specific or odd occasions to allow access without the 24 hours prior written notice, that is acceptable. A clause in the tenancy agreement which tries to diminish or over-ride a tenant’s rights in this respect would be void and unenforceable. Let the Landlord know that you are aware of your rights to ‘quiet enjoyment’ as per your tenancy agreement and that he must give you 24 hours written notice of any further visits. If he still carries on then make a complaint to the Landlords Agent whom you let the property from in the first instance. If things still do not improve then make an official complaint to The Property Ombudsman. The Property Ombudsman (TPO) Scheme provides a free, fair and independent service for dealing with unresolved disputes between member agents and tenants and landlords of property in the UK.