Instant access
Question
Our landlady emailed us to say she was coming round to inspect the flat. Although she was giving us 48 hours notice (agreed to in our contract) we were going on holiday the next morning so we asked her if she would visit us on our return instead. We didn't get a reply until three weeks later when she emailed to tell us we'd been neglecting the flat.
It turns out she went into the flat even though we didn't grant an appointment (as outlined in our tenancy agreement). We're really quite upset about the whole thing and we're worried she may now try to evict us. Is she allowed to just let herself in? What are our rights?
Answer
Most people who rent privately, and who don't share accommodation with their landlord are assured short hold tenants. If you think you have a different type of tenancy, you'll need to get further advice from your local Housing Aid Centre or Citizens Advice Bureau (CAB).
Usually, a landlord should give at least 24 hours notice and try to obtain your permission before entering your home. You would only usually have to allow them entry if it was for an essential repair. But if you've signed a contract saying you'll give access as long as the landlord gives 48 hours notice then the situation will be different. If your contract doesn't give specifics as to what you have to allow access for, it may be that your landlord has acted correctly. You may wish to take further advice from the Office of Fair Trading (OFT) about whether this is an unfair term which interferes with your right to quiet enjoyment.
If you are concerned about your landlord entering your property with her own keys, you could change the locks. If you do change the locks you must be very careful not to damage the door in any way when the new lock is fitted, and you must replace the old lock when you leave.
Before you decide what action to take, it's worth bearing in mind that it is quite easy for assured short hold tenants to be evicted. If you currently have a contract, you can only be evicted during that time if your landlady can prove in court that you have broken one of the tenancy terms. Your landlady must follow the correct legal procedures if she wants you to leave. If she doesn't, she could be committing the criminal offence of illegal eviction.
You may want to get further help from a local advice service. An advisor may be able to help you check out your contract and decide what to do next.
Updated: 12/01/2009
Question answered by Shelter
