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Question Title: Access for inspections
| Question: 308 |
| We have inherited a rented property and resident tenant from another agent. The tenant has lived at the property for about five years and has the only set of keys in his possession. We are due, as per our terms of business, to carry out an inspection of the property every quarter and have tried on several occasions to contact the tenant by letter and telephone to arrange access. The tenant ignores our communications - are we allowed to change the lock ?
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| Answer: |
| The tenant must allow the landlord access in this situation. It is an implied term of all Housing Act assured tenancies, and indeed all Rent Act protected tenancies, that the tenant will afford the landlord all reasonable facilities for access and the execution of any repairs which the landlord is entitled to carry out (section 16 Housing Act 1988). The landlord, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair. If you do need to gain access to the property, and as a result, proceed to change the locks, then it would be prudent to alert the tenant in advance that you intend to take this course of action (at a reasonable time of day), and giving him/her the chance to attend. It will also be important to issue the tenant with a key(s) to the new lock at the same time (or a note posted on the door explaining that the locks have been changed and giving directions as to where a key can be obtained); otherwise the landlord risks inviting an action for harassment or unlawful eviction. It can also be helpful in such situations if there is a provision in the tenancy agreement whereby the tenant may not change locks without the landlord's permission.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Jul 2004 page 23 |
letting-update-journal.html
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Letting Handbook |
Chapter 11 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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