Landlord Access to property? Breech of contract?
Mark Goodge ] said:
On Fri, 18 Jul 2008 22:25:15 +0100, Yellow put finger to keyboard and
typed:
Mark Goodge ] said:
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.
I am astonished that a handyman would want to enter someone's home while
they are out as they are putting themselves at great risk of being
accused of theft or breakage.
If the handyman was sent in response to a request from the tant to fix
something, then it would be quite normal.
Aside from that, it is completely unreasonable for *anyone* to assume it
is OK to enter someone's home without prior arrangement and I taken
aback that you think otherwise - in fact you seem to suggest it is
rather odd of the OP to also be of this opinion. Surely, no one expects
to come home to discover someone has just left themselves in while they
were out.... do they?
Not as a general rule, no. But, if you're a tenant, and you report
that something is broken and needs fixing, it's not unreasonable for
the landlord to assume that the report constitutes an invitation to
enter in order to fix it. That's what normally happens, anyway.
You use the work "normal" a lot. Normal in what context? I'm not trying
to be difficult here, it's just that I have never come across this as
being considered normal before while I have heard complaints from
tenants before, which is why many routinely change locks when they move
in.
And asking for something to be fixed constituting an invitation to
enter? Now that would be totally *unreasonable* in my opinion. Gosh,
imagine you were asleep in bed when the doorbell rings followed by
someone unlocking your door and entering your home! It doesn't bear
thinking about.
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