On Fri, 18 Jul 2008 18:20:08 +0100, Bongman put finger to keyboard and
typed:

Hi All

Just had my Landlord's Agent call me to say he has a "Handy man" outside my
house trying to gain access with a key to do some repairs. He failed
(luckily) as the lock is a bit dodgy.

However, In our Tenancy Agreement, is states that the landlord (or his
agent) must provide 24hrs notice before coming round

The Exact wording is :

To permit the Landlord or the Landlord's Agent to enter the premises at a
reasonable time on giving at least 24 hours notice (except in an emergency)
for the purpose of:

Examining the condition of the premises;

Inspecting, maintaining, repairing, altering, improving or
rebuilding any adjoining or neighbouring property;

Maintaining, repairing or replacing the Fixtures and Fittings;

Complying with any obligations imposed on the Landlord by law.


I would just like to know where we stand. We have suspected someone has been
in our house without our consent previously. Only now has the Landlords
Agent admitted the attempt.

The contract doesn't force the landlord to give 24 hours notice. It
merely states that, provided he does, you can't refuse to let him in.
He is entitled to call round at any reasonable time even without
notice, and if he hasn't given notice then it's up to you whether to
let him in or not.

If the landlord (or his agent) sends a workman round to fix something
while you're out without giving notice, then you do have the right to
refuse him access (provided, of course, it's not an emergency). But
many - probably most - tenants are usually happy for things to get
fixed as soon as possible when they need fixing, and often prefer the
work to be done while they're out as it's less disruptive to them. So
the agent may well have simply assumed you fall into that group -
especially if the visit was in response to a matter which you reported
as being in need of attention.

So, where you stand is that you need to let the agent know that you'd
prefer not to have workmen coming round without notice, unless it is
an emergency. So long as he knows that's what you want, then he should
have no problem complying. The downside for you is that it might take
longer to get things fixed when they do need fixing, as the agent will
need to schedule appointments rather than being able to send someone
round straightaway if they're free. But that's your choice, and all
you need to do is to let your choice be known.

If we were to breech the agreement, I imagine we could be evicted. But what
if the other party breeches the agreement?

The landlord can't breach this clause of the contract because it
doesn't apply to him - it's a clause which binds, you, the tenant to
allow acess when given sufficient notice, not a clause which binds him
to give it. However, entering the property without giving notice when
you have explicitly requested otherwise could be construed as
harrasssment, which is a criminal offence. It would take rather more
than sending a handyman round when you're out, though, for that to be
the case.

Mark