Ask an UK Law Question, Get an Answer ASAP!
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
We do have a tenancy agreement. I will get it out of my mess ASAP.
Can you come back to me once you have found it please?
I will be offline for the evening at 7 unfortunately. If I miss your reply I will be able to respond 9am bst tomorrow.
Tenancy Agreement says, in short, that Access is allowed for such a purpose " at all reasonable times during the LAST TWO MONTHS of the Tenancy ".
We are 8th June, Tenancy Agreement ends on 17th September 2011... i.e. 4 months on. The owner has been a bullying,law defying villain for the whole of 2 years and we do not want to be abused one last time (he's starting to send viewers on this friday!) ... what would you adivise me ?
Thanks for your reply.
You've got to get back to him in writing (preferably by email) attaching a copy of the tenancy agreement and referring to the above clause. State that you refuse his request to permit viewing any earlier than 17th July (ie. when the last two months start).
If there is a bolt on the door then you are entitled to lock it.
State that any entry earlier than the above time and without your consent would be a breach of contract and you would be minded to sue him for any financial loss you suffer as a result and inconvience cause. In reality you cannot sue for inconvience because it is difficult to attach a financial amount to. Refer him to http://www.moneyclaim.gov.uk/, this is the governments money claim service. Tell him it's very easy to issue a claim and you will have no qualms in doing so if he breaches.
The practical reality is that if he does visit then although it is a breach there is not a great deal you can expect in suing him unless you suffer financial loss, but he may not know that.
I would word the letter tersely but stating that you are happy to agree to viewings within the time period afforded in the contract and would be more than willing to negotiate convenient times.
You can also state in the letter that if he accesses in breach then you shall attach a bolt to deny him access the next time.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.
I will answer your follow up questions you may have.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).