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Landlord Having A Key To A Rented Out Property.
My daughter lives in a privately rented house.Her landlord still has a key and when something needs repairing etc.,he lets himself in if she is not home,he does knock but if no reply,he just walks in...this happened once when she was upstairs and did not hear him,she came downstairs and there he was!!!
I also live in privately rented property and my landlady would not dream of walking in,(if she had a key,which she does not),if she comes to the back and sees me in the kitchen,she always knocks.
I have told my daughter to change the lock(it does need to be anyway),but she`s worried that he will think she is being funny and ask her to leave.
Last night he rang to tell her that he was going to her`s this morning as he had arranged for the British Gas man to check the boiler etc.She told him she would be at work (he knows this ) and to come another day when she will be home."oh,I have already arranged it",he said.
So she has had no option to let him come arranged ...but the lock is definately going to be changed!!!
After this long-winded account,can anyone tell us ,if a landlord have a key and enter when he wishes?
I also live in privately rented property and my landlady would not dream of walking in,(if she had a key,which she does not),if she comes to the back and sees me in the kitchen,she always knocks.
I have told my daughter to change the lock(it does need to be anyway),but she`s worried that he will think she is being funny and ask her to leave.
Last night he rang to tell her that he was going to her`s this morning as he had arranged for the British Gas man to check the boiler etc.She told him she would be at work (he knows this ) and to come another day when she will be home."oh,I have already arranged it",he said.
So she has had no option to let him come arranged ...but the lock is definately going to be changed!!!
After this long-winded account,can anyone tell us ,if a landlord have a key and enter when he wishes?
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A landlord has a right of access but all the time I lived in rented property, he couldn't just walk in, it had to be by appointment only. Tenants have a right to privacy! your daughter needs to look at the tenancy agreement. She shouldn't change the lock, that's landlord's responsibility, part of the fixtures and fittings.
I had to change my lock when my bag was snatched from me and contained my address,but I have more a less a "virtual" landylady,don`t see her from one year`s end to an other,unless something goes wrong..even then she asks me to sort it and pass her the bill.As she has kept the rent very low,we do a lot to the house which she does not mind...have been in it for over 20 years now.
When she put double-glazing in and new doors 4 years back,she did not ask for a copy of the key.
By the way,my daughter`s door is just a normal yale lock ,which is very dodgy,needs changing,no way will her landlord do this.Some of the fencing panels in her back garden are down and the next door neighbour even offered to pay half but nothing doing.The landlord spends a lot of time in Thailand and is going back for another 6 months shortly.Surely he should put everything in order before then!!!
When she put double-glazing in and new doors 4 years back,she did not ask for a copy of the key.
By the way,my daughter`s door is just a normal yale lock ,which is very dodgy,needs changing,no way will her landlord do this.Some of the fencing panels in her back garden are down and the next door neighbour even offered to pay half but nothing doing.The landlord spends a lot of time in Thailand and is going back for another 6 months shortly.Surely he should put everything in order before then!!!
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The Landlord has no legal right to enter his property without an appointment. Problem is telling him that will probably make no difference. I agree with triggerhippy - advise her to put a chain on the door -if he tries to let himself in and fails then he will have to contact her to make an appointment -problem solved -if he forces the door then it becomes a Police matter (good luck on that one )
I rent properties out and I always do have a spare key, in case of emergencies, in case the tenant disappears and other unforseen eventualities. If I neerd access for any reaosn I politely try to make an appointment, WELL in advance, not just 24 hours, tghat's impossible and inconvenient for most people. I wouldn't usually dream of just marching in as, as far as i'm concerned whilst people are renting it it's someone else's home. There have been several exceptions- one being when a neighbour called me because she hadn't saeen an elderly lady for several days and the milk was piling up on the doorstep ( she'd gone to her sister's and forgotten to cancel it), once when I'd made repeated appointments and they had always not been home and once when soemone did a runner. I generally think it's bad form though.
I have rental properties and all the contracts I have state that I will give a minimum of 48 hours notice of a visit and even then its at a mutually convenient time unless theres an emergency.
All my tenants have a list of contractors that do all my work that I give them so should any work need doing they dont even really need to call me, I'm not needed to be there.
Only times I visit are when people move out and I check the place and to get keys etc and as a few of my tenants are friends anyway I'm sometimes there on socials anyways.
All my tenants have a list of contractors that do all my work that I give them so should any work need doing they dont even really need to call me, I'm not needed to be there.
Only times I visit are when people move out and I check the place and to get keys etc and as a few of my tenants are friends anyway I'm sometimes there on socials anyways.
If I was using a rental agency for my property, I would expect to retain a key and for my agent to have one, but it would have to be extreme circumstances for me or the agent to use the key without permission. In practical terms, although the landlord shouldn't let himself in like that, its going to be hard to stop it and stay on good terms.
The legal position is:
If a Landlord has covenanted to repair in the absence of an express provision relating to entry of the premises, which is very unlikely, the law implies a licence by the tenant to permit the Landlord to enter and carry out repairs. Check your daughter’s tenancy agreement, it could be argued that this is trespass if the tenancy grants exclusive possession, but this is not likely to succeed.
The common sense position is:
If the tenancy agreement has an express provision regarding entry and this is not being followed write and ask for it to be followed, if there is no provision write and ask that entry is by mutual consent at a time to be agreed.
It is usual for the Landlord and/or the Agent to retain keys.
If a Landlord has covenanted to repair in the absence of an express provision relating to entry of the premises, which is very unlikely, the law implies a licence by the tenant to permit the Landlord to enter and carry out repairs. Check your daughter’s tenancy agreement, it could be argued that this is trespass if the tenancy grants exclusive possession, but this is not likely to succeed.
The common sense position is:
If the tenancy agreement has an express provision regarding entry and this is not being followed write and ask for it to be followed, if there is no provision write and ask that entry is by mutual consent at a time to be agreed.
It is usual for the Landlord and/or the Agent to retain keys.
the landlord should of course have a key. rented out or not, it is still their property - they own it and are just effectively allowing you to use it.
however as stated he cannot just come in.
it sounds like he doesnt realise this - as most people would knock, then phone them ... he seems to think he has every right.
i would find the relevant law - probably the links others have provided and print them out - and if he kicks up a fuss, show him them
i'd also just be honest - say as a female alone she does not feel secure for a man to just walk in whenever he pleases - what if she was naked? or had a man there? or anything really ... though of course that may be his plan - hoping to catch her in the nude and act all innocent - remember the landlord in The league of gentlemen? haha.
i would not change the locks - but have another one fitted along side the old one - a mortice lock - one that can be left unlocked whenever he pre arranges to come - and locked every other time, without affecting the yale one.
just say its for extra security.
however as stated he cannot just come in.
it sounds like he doesnt realise this - as most people would knock, then phone them ... he seems to think he has every right.
i would find the relevant law - probably the links others have provided and print them out - and if he kicks up a fuss, show him them
i'd also just be honest - say as a female alone she does not feel secure for a man to just walk in whenever he pleases - what if she was naked? or had a man there? or anything really ... though of course that may be his plan - hoping to catch her in the nude and act all innocent - remember the landlord in The league of gentlemen? haha.
i would not change the locks - but have another one fitted along side the old one - a mortice lock - one that can be left unlocked whenever he pre arranges to come - and locked every other time, without affecting the yale one.
just say its for extra security.
well here is a typical short hold assured tenancy agreement:
n. to permit the Landlord his servants or his agent or agents to enter and inspect the premises from time to time and to carry out any necessary repairs or maintenance.
p. to permit the landlord or his agents at reasonable times and on reasonable notice with the last 28 says of the tenancy to enter and to view the premises with prospective tenants.
r. to permit employees or agents of a gas maintenance company (or a sole trader who trades to this effect) access to maintain gas fittings on reasonable notice and at reasonable times.
I dont think there is an implied permission in all that to enter whilst having a bath.
and for maintenance, notice has to be given
so it all boils down to what the tenancy agreement says
I think it also means she cant insure her belongings (the landlord can't) because she can't secure the property.
n. to permit the Landlord his servants or his agent or agents to enter and inspect the premises from time to time and to carry out any necessary repairs or maintenance.
p. to permit the landlord or his agents at reasonable times and on reasonable notice with the last 28 says of the tenancy to enter and to view the premises with prospective tenants.
r. to permit employees or agents of a gas maintenance company (or a sole trader who trades to this effect) access to maintain gas fittings on reasonable notice and at reasonable times.
I dont think there is an implied permission in all that to enter whilst having a bath.
and for maintenance, notice has to be given
so it all boils down to what the tenancy agreement says
I think it also means she cant insure her belongings (the landlord can't) because she can't secure the property.
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