![]() |
| If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|||||||
| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
| Tags: claims, legality, medical |
|
|
Thread Tools | Display Modes |
|
#31
|
|||
|
|||
|
On Sun, 20 Jul 2008 16:00:14 +0100, judith put finger to keyboard and
typed: On Sat, 19 Jul 2008 12:10:07 +0100, Mark Goodge wrote: On Fri, 18 Jul 2008 23:05:04 +0100, Yellow put finger to keyboard and typed: Mark Goodge ] said: 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? Normal in the context of my own experience and that of other people I know. I will be surprised if anyone else admits to this "normal" behaviour of allowing unknown people to enter their house whilst they are not there for whatever purpose. I'd be surprised, too, since that's nothing like what I've described as normal. Please go back and read the thread properly. Mark |
|
#32
|
|||
|
|||
|
On Sun, 20 Jul 2008 16:00:14 +0100, judith
wrote: On Sat, 19 Jul 2008 12:10:07 +0100, Mark Goodge wrote: On Fri, 18 Jul 2008 23:05:04 +0100, Yellow put finger to keyboard and typed: Mark Goodge ] said: 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? Normal in the context of my own experience and that of other people I know. I will be surprised if anyone else admits to this "normal" behaviour of allowing unknown people to enter their house whilst they are not there for whatever purpose. Anyone? Me. I've got a good relationship with my landlord, he only employs people he trusts, I'm at work during the times workmen like to work so I'm grateful that when problems arise they get sorted out in a no-nonsense way. When they work, human relationships work much better than legal relationships IMO but legal relationships are necessary for when human relationships don't. Nick -- real e-mail is nickodell (at) bigfoot (dot) com |
|
#33
|
|||
|
|||
|
judith wrote:
On Sat, 19 Jul 2008 12:10:07 +0100, Mark Goodge wrote: On Fri, 18 Jul 2008 23:05:04 +0100, Yellow put finger to keyboard and typed: Mark Goodge ] said: 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? Normal in the context of my own experience and that of other people I know. I will be surprised if anyone else admits to this "normal" behaviour of allowing unknown people to enter their house whilst they are not there for whatever purpose. Anyone? I agree with you. I can't see many owner occupiers giving an unknown workman a key to enter their house as and when just because the workman is needed to do a minor repair job. So why would someone who is a tenant be expected to throw all caution to the wind and do the complete opposite of a house owner and allow unsupervised access is beyond me. A home is a home, regardless of the status of how it is occupied and I'd imagine most people would feel uncomfortable that someone unknown was opening the front door and entering their home without someone being there to supervise them. -- Robbie |
|
#34
|
|||
|
|||
|
On Sun, 20 Jul 2008 15:55:04 +0100, judith put finger to keyboard and
typed: On Fri, 18 Jul 2008 20:50:07 +0100, Mark Goodge wrote: 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. Do you really believe this. I would never let an unknown person in to my house on his own; I cannot imagine that any sensible person would do so either. If you're a tenant, it's not "your" house, it's the landlord's house. You're simply paying for the right to occupy it. And people sent round by the landlord to carry out maintenance may be unknown to you, but they are not unknown to the landlord or his agent. You don't have the option of "never" allowing someone unknown to you in the house on his own, as provided the requisite notice is given you don't have any right to refuse access. Given that the landlord has an absolute right to enter the house, or send someone else round to enter it, provided he gives at least 24 hours notice, it's no big deal to let him do the same with less than 24 hours notice if that's more convenient for both of you. Obviously, you don't have to offer that convenience, but most tenants are, in my experience, usually willing to do so when it's in their own interests. Mark |
|
#35
|
|||
|
|||
|
Mark Goodge wrote in
house.net: On Sun, 20 Jul 2008 16:00:14 +0100, judith put finger to keyboard and typed: On Sat, 19 Jul 2008 12:10:07 +0100, Mark Goodge wrote: On Fri, 18 Jul 2008 23:05:04 +0100, Yellow put finger to keyboard and typed: Mark Goodge ] said: 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? Normal in the context of my own experience and that of other people I know. I will be surprised if anyone else admits to this "normal" behaviour of allowing unknown people to enter their house whilst they are not there for whatever purpose. I'd be surprised, too, since that's nothing like what I've described as normal. Please go back and read the thread properly. Mark I suspect there is a gender difference here, or possibly only partially, as I share the strong, emotional objection to a landlord or his agent wandering in to fix something while I am out which all the female persons I have ever gathered the opinions of would hold. We would be both morally and personally outraged by the idea that anyone could do that. I don't doubt there are a subset of tenants like Mark who have no difficulty with the idea: perhaps they had a public school upbringing which prepared them for communal living. I think with many tenants such conduct would be highly dangerous for said handyman should the tenant come home and find him at work. Perhaps this is an issue of principle which landlords or their agents should sort out at the beginning of every tenancy - and a practical point with heterosexual couples: ask the female one! -- Percy Picacity |
|
#36
|
|||
|
|||
|
In message , at 15:55:04 on
Sun, 20 Jul 2008, judith remarked: I would never let an unknown person in to my house on his own; I cannot imagine that any sensible person would do so either. Are your electricity and gas meters outside? -- Roland Perry |
|
#37
|
|||
|
|||
|
On Sun, 20 Jul 2008 16:25:16 +0100, Robbie put finger to keyboard and
typed: I can't see many owner occupiers giving an unknown workman a key to enter their house as and when just because the workman is needed to do a minor repair job. So why would someone who is a tenant be expected to throw all caution to the wind and do the complete opposite of a house owner and allow unsupervised access is beyond me. Because it's not their house, they're not paying the workman and they can't realistically expect to always be able to supervise any work that the landlord arranges (unless they either don't work or they're prepared to take time off at short notice just to be there when work is in progress). A home is a home, regardless of the status of how it is occupied and I'd imagine most people would feel uncomfortable that someone unknown was opening the front door and entering their home without someone being there to supervise them. The "someone" would normally be the owner or his representative. Mark |
|
#38
|
|||
|
|||
|
Mark Goodge ] said:
On Sun, 20 Jul 2008 15:55:04 +0100, judith put finger to keyboard and typed: On Fri, 18 Jul 2008 20:50:07 +0100, Mark Goodge wrote: 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. Do you really believe this. I would never let an unknown person in to my house on his own; I cannot imagine that any sensible person would do so either. If you're a tenant, it's not "your" house, it's the landlord's house. You're simply paying for the right to occupy it. And people sent round by the landlord to carry out maintenance may be unknown to you, but they are not unknown to the landlord or his agent. You don't have the option of "never" allowing someone unknown to you in the house on his own, as provided the requisite notice is given you don't have any right to refuse access. Given that the landlord has an absolute right to enter the house, or send someone else round to enter it, provided he gives at least 24 hours notice, it's no big deal to let him do the same with less than 24 hours notice if that's more convenient for both of you. Obviously, you don't have to offer that convenience, but most tenants are, in my experience, usually willing to do so when it's in their own interests. But in all the situations you describe the tenant has the option to be home. We have been discussing, prior to this point, the case where the tenant is not given this option because the workman has just turned up and let them self in. From my understanding of your posts, you consider this acceptable, indeed normal, and state that many tenants are grateful for it if it means they get their minor repairs sorted out quickly - and this is the opinion that is causing disagreement. |
|
#39
|
|||
|
|||
|
Roland Perry ] said:
In message , at 15:55:04 on Sun, 20 Jul 2008, judith remarked: I would never let an unknown person in to my house on his own; I cannot imagine that any sensible person would do so either. Are your electricity and gas meters outside? Metermen (without a court order) do not let themselves into your home when you are out. Or do you know some the rest of us do not? :-) |
|
#40
|
|||
|
|||
|
On Sun, 20 Jul 2008 18:30:17 +0100, Yellow put finger to keyboard and
typed: Mark Goodge ] said: Given that the landlord has an absolute right to enter the house, or send someone else round to enter it, provided he gives at least 24 hours notice, it's no big deal to let him do the same with less than 24 hours notice if that's more convenient for both of you. Obviously, you don't have to offer that convenience, but most tenants are, in my experience, usually willing to do so when it's in their own interests. But in all the situations you describe the tenant has the option to be home. Not always, not if they have a job (or they are students, or anything which requires their attndance elsewhere). Not all tenants are unemployed. We have been discussing, prior to this point, the case where the tenant is not given this option because the workman has just turned up and let them self in. From my understanding of your posts, you consider this acceptable, indeed normal, and state that many tenants are grateful for it if it means they get their minor repairs sorted out quickly - and this is the opinion that is causing disagreement. I don't consider it's acceptable for a workman to turn up without notice unless the tenant is amenable to it. I do think that most tenants would be amenable to it where it involves work that they themselves have requested be done. And I think it's an understandable mistake, therefore, if a landlord simply assumes that the tenant wants the work done as quickly as possible, with or without formal notice, rather than taking the time to check the tenant's wishes on the matter. As I've said elsewhere in this thread, I'm not disputing that the landlord is, as far as the law is concerned, probably in the wrong in the situation described by the OP[1]. My point is simply that the landlord (or his agent) in that story is probably guilty of nothing more than an unwarranted assumption which could easily be corrected by a little effort at communication. Posting to a legal newsgroup asking for advice on rights and what to do when the landlord is in breach of contract seems, to me, to be making a mountain out of a molehill. [1] I think there may well be a case for the argument that requesting maintenance carries with it implied permission to attend the property in order to meet the request. But that's a separate issue here. Mark |
| Thread Tools | |
| Display Modes | |
|
|