"Ed Sirett" wrote in message
news
On Mon, 22 Dec 2003 18:11:06 +0000, Phil Addison wrote:
On Thu, 18 Dec 2003 17:52:58 GMT, Velvet wrote:
If I don't go through all these hoops, then it's non-payment of rent,
and breaks the tenancy agreement, regardless of the fact that money is
used for repairs the landlord should have made.
Just tell the landlord that HE is in breach, and therefore you are
lodging all
further rent payments with your solicitor who will hold the monies until
the
repairs are done. That will make him sit up.
It would probably get him standing up aswell!
I'm not familiar with Assured tenancies.
However in shorthold agreements
the Landlord (or his agents) have a right to enter the property to inspect
or maintain it at all reasonable times.
They do not. They can only request access. The "reasonable" times is to
prevent harassment, otherwise a landlords could go in every day and stay for
hours banging pipes. If the tenant does not want them in, if they pay or
don't pay rent, they do not get in, end of story.
I beleive this can be interpretted at law to mean that the agent
attempts to give 24 hours notice and may enter during the working day
Mon-Fri, or at other times by mutual agreement.
Nonsense. At least one week in writing is regarded as reasonable by a
court.
Many LA/HA landords usually write to their tenants that they wish the gas
installation to be inspected but make it clear that they will force an
entry if necessary. It seems improbable that they would take such a line
if they did not have a legal basis for this.
THEY CANNOT force entry for "any" reason whatsoever. If they state this in
writing they are ignorant of, or outside, the law. If the tenant does not
want the CORGI man inside, that is it, he doesn't go in. If the gas mains
pipe runs through the flats and it cannot be isolated from outside, unless
say a number of other flats would be isolated, then hard luck. Even then,
to isolate a supply you have to give good reason, such as a gas detector
reading gas through the letterbox. To break in for "any" reason, the police
have to attend. Also there has to be a good reason to break in, regarding
"imminent" safety. Doing an annual CORGI inspection is not enough. If a
gas detector was shoved through the letterbox and indicated a gas escape
then forcing entry is permitted. If the premised passed an annual CORGI
check 12 months earlier and no escape, then no entry. If a tenant refuses
the CORGI man in, then if there is damage by explosion then the tenant is
liable.
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