query

old boy

i am new to the renting scene, our landlord is entering the house every 2nd day, while we are at work, is it possible to prevent this.

johnnyskeleton

old boy wrote: »

i am new to the renting scene, our landlord is entering the house every 2nd day, while we are at work, is it possible to prevent this.

Depends on your lease. Read your lease and if it is not in it, contact the PRTB or threshold.

impr0v

I never liked landlord and tenant but as far as I can remember your landlord is not entitled to enter the property without your permission. If there's an express right in the lease it would probably entitle him or her to do so, but otherwise I believe the position is as stated.

dats_right

johnnyskeleton wrote: »

Depends on your lease.

Johnny, I didn't think you were 'too hot' on landlord and tenant'? Based on the above, maybe you should stick to Bloodstains afterall!

OP the position under the Residential Tenancies Act 2004 (which override any provisions contained in your lease) are that your lanldord is obliged to give you "peaceful and exclusive occupation of the dwelling" per s 12(1)(a).

Whereas your obligations to allow access are to "allow at reasonable intervals, the landlord, or any person or persons acting on the landlord's behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling" (per s 16 (c)) and also to "allow the landlord, or any person or persons acting on the landlord's behalf, reasonable access to the dwelling for the purposes of allowing any works (the responsibility for the carrying out of which is that of the landlord) to be carried out," (per s16 (e)).

What all that means is reality is that landlords cannot inspect a property every second day and can only do so in accordance with the above statutory provisions. Tell the landlord to stop and if that doesn't sort it you will need to make a complaint to the PRTB.

johnnyskeleton

dats_right wrote: »

Johnny, I didn't think you were 'too hot' on landlord and tenant'? Based on the above, maybe you should stick to Bloodstains afterall!

You on the other hand don't seem to be too hot on the forum charter, particularly the part about not giving legal advice. Quite apart from anything else, it could be a licence agreement or some other special arrangement.

old boy

hi guys, there is no written agrement, we pay the rent by direct debit, we are having a lot of grief, outside shed not emptyed, rat infestation, oven in the cooker not working, chimney not cleaned, me thinks the best option is to leave

johnnyskeleton

old boy wrote: »

hi guys, there is no written agrement, we pay the rent by direct debit, we are having a lot of grief, outside shed not emptyed, rat infestation, oven in the cooker not working, chimney not cleaned, me thinks the best option is to leave

I'm afraid this forum is not for legal advice, hence I suggested you contact PRTB or threshold. Or you could contact FLAC or a solicitor.

dats_right

johnnyskeleton wrote: »

You on the other hand don't seem to be too hot on the forum charter, particularly the part about not giving legal advice. Quite apart from anything else, it could be a licence agreement or some other special arrangement.

I would put the shovel down if I were you, because as those even vaguely familiar with the Residential Tenancies Act will know that regardless of what terms the parties choose to apply to their relationship, with extremely limited exception, the provisions of the Residential Tenancies Act apply to every dwelling which is subject of a tenancy per s.3(1). Meaning that the provisions as stated in my previous post almost certainly apply in this case.

johnnyskeleton wrote: »

Depends on your lease. Read your lease and if it is not in it, contact the PRTB or threshold.

I'm a little confused, is it just me or could that not also be construed as giving legal advice? The words that come to mind at present are let he who is without sin, et cetera.

johnnyskeleton

dats_right wrote: »

I would put the shovel down if I were you, because as those even vaguely familiar with the Residential Tenancies Act will know that regardless of what terms the parties choose to apply to their relationship, with extremely limited exception, the provisions of the Residential Tenancies Act apply to every dwelling which is subject of a tenancy per s.3(1). Meaning that the provisions as stated in my previous post almost certainly apply in this case.

While I freely admit that I know little about the Residential Tenancies Act, does it not apply to "self-contained" residential units, and is it not entirely possible that the landlord specifically reserved rights to access certain parts of the building? Without knowing the exact relationship, you can't say for certain that the residential tenancies act applies, and I would be wary as you say that it "almost certainly" applies because you need to know the exact circumstances to be certain. If the person rented a fairly standard flat or whatever, it is likely that they have the right to exclusive possession, but we don't know what the circumstances are.

dats_right wrote: »

I'm a little confused, is it just me or could that not also be construed as giving legal advice? The words that come to mind at present are let he who is without sin, et cetera.

No because I did not advise him as to his rights, I merely pointed out what practical steps should be taken. Fair enough, "depends on the lease" could be interpreted as a form of legal advice, but I think it is general enough so as not to violate the charter.

But why do we always have to fight? Can't we just get along?

As for the he who is without sin point, I much prefer the shouting "burn the witch" from the back of the crowd approach.

dermot_sheehan

A tenant is entitled to peaceful enjoyment and exclusive possession of the premises (its the difference between a tenancy and a licence).

Your landlord is entitled to carry out inspections but only with reasonable notice (unless there is an emergency.)