What’s in this guide? This guide gives information on landlords’ and tenants’ rights to enter rented accommodation in the UK, including answering the question can my landlord can enter my property without my permission UK when I am not there? how much notice should be given, if any? and what can happen if there is a dispute about entry or access?
Introduction A tenant or landlord (or anyone acting on their behalf) who enters rented property without permission may commit a criminal offence – for example, under section 38 of the Criminal Justice and Public Order Act 1994 or sections 11 or 12 of the Protection from Eviction Act 1977. The specific rules apply to each tenancy agreement and are normally set out in a clause or schedule to the agreement. They can also be found in long leases (of 20 years or more). If a landlord is found guilty of breaking these rules, they may face a fine or be imprisoned – and the tenant could sue for damages.
It’s important to check your tenancy agreement carefully before moving into any property. You should ensure you know who owns the property – the landlord or someone else? What kind of deposit have you paid? How much notice do you have to give of leaving? What’s your ‘periodic tenancy’ period? This is the length of time between each rent payment. Does the agreement allow for you or a member of your family to live with you at no extra cost? Are the terms of the tenancy fixed, or can they be changed by either party during this fixed term if a notice has been served correctly?
An example might be that as an elderly tenant, you may wish to ask a relative or carer to stay in your home and look after you while renting out all or part of it.
However, ensure any such arrangement is set out in writing, along with some kind of guarantee from your relative that he/she will continue to pay if you can not meet the payments as your guarantors.
When you become a guarantor, your personal assets are at risk.
You also need to check the age of any ‘tenant’ who plans to live in your home – if they are under 18 years old their name will not appear on the tenancy agreement, and therefore it can not be enforced against them by the landlord or otherwise. If needed you can always perform a tenant background check to see if they are a suitable tenant for you. As a tenant yourself, similarly, only your name would appear on this contract, and so again, it could not be enforced against you. Therefore, make sure you know who else will be living in your property and check with the local authority if there is a problem as this may affect whether an application for housing benefit can be made (see below).
If all other things seem OK, but you have doubts about it all, you should reach out to an experienced team of UK property lawyers or UK housing association tenancy advisors to discuss.
After moving in and before you sign the UK tenancy agreement, have a look around your UK let property for anything that may be faulty, damaged or broken. Any damage caused (except fair wear and tear) by tenants must be put right by them before they leave a UK rental home. So check now if there are any UK tenancy deposit protection scheme defects etc., so as not to cause any UK letting company legal problems later on.
Any deposit held by letting agents should also be protected with one of three government-backed schemes where it will remain throughout the UK landlord-tenant contract period providing no dispute about cleaning bills, UK property repairs, or other issues that arise between both the landlord and tenant.
When a UK landlord welcomes new tenants to their UK wanted home, one of the first things they’ll do is to inspect it. Having agreed on a rental price and signed a British standard tenancy agreement, UK lending agents will want to know that you’re going to look after the place while renting it. If anything doesn’t meet with their approval, there may be delays in getting you moved into your new home while repairs are carried out. () But remember, landlords have certain rights, so check this UKrenting guide now if something like faulty wiring or broken