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Old July 21st 08, 10:35 PM posted to uk.legal.moderated
Alex Heney
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Posts: 23,199
Default Landlord Access to property? Breech of contract?

On Mon, 21 Jul 2008 01:40:08 +0100, "Anthony R. Gold"
wrote:

On Mon, 21 Jul 2008 00:55:03 +0100, Alex Heney wrote:

If I was renting accommodation and came home to find a stranger in the
house without any warning, I would be holding him until the police
arrived, when I would expect him to be arrested and removed by them.


You would do that even after he told you he had been sent by the landlord
to fix something?


If he could produce written evidence that the landlord had sent him,
then I would just eject him as a trespasser.



And what exactly would the police arrest him for? No burglary, no
breaking-and-entry. Even if you did what you claimed, they would find it a
classic case of "it's a civil matter, sir". On the other hand, you may
have a serious problem explaining your false arrest and imprisonment.


There wouldn't be any.


While the landlord certainly has a right (and duty) to maintain and
repair the property, he does NOT have any right to just send somebody
in without prior arrangement, except in an emergency situation.


And so that gives you a right to imprison some poor plumber who was doing
nothing worse than obeying the well intentioned orders of your landlord?


He would have had NO right to enter my property.

And on finding somebody within my property (that I had left locked)
without any prior arrangements or knowledge of the person, I would be
perfectly entitled to work on the basis that he had broken in unless
and until he could prove otherwise.
--
Alex Heney, Global Villager
Make it idiot proof and someone will make a better idiot.
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