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My tenants and I are defendants in a small court court case…

Dear FE Smith My tenants and...
Dear FE Smith
My tenants and I are defendants in a small court court case to do with a right of way. The first hearing determined the temporary agreement in relation to the right of way, which is to close and lock the garden door to street at all times, and to provide a key to the neighbour (who is the claimant in this case) for her to go through my garden (it is a buy to let property which I rent out). Her relatives and friends are not allowed to use my garden in order to reach the back entrance to the her property which was a customary event in the past. I reached a preliminary agreement for settlement which needs to be approved by my mortgage provider. My tenants do not want to allow the surveyor of the mortgage company to go in and assess the property so that the mortgage company can decide if they can allow me to transfer a strip of land to the neighbours at the bottom of the garden so that the neighbour right of way can be extinguished. If I give tenants 72 hour notice before entry to allow for the surveyor to attend the property this could be considered trespassing. Which is worse - being accused of trespassing by the tenants, or neighbour losing patience and taking their right of way case to court? We have a temporary stay until 17 November after which date the neighbour may choose to continue the court case. Comments appreciated. Regards
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Customer reply replied 8 months ago
I will request my managing agent to enter the property in the absence and without agreement of the tenant. This will speed up resolution of the right of way issue. What are the consequences for me from this trespassing?
Answered in 15 hours by:
11/14/2017
Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 7,462
Experience: Solicitor
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Hello my name is ***** ***** I will help you with this.

What does your tenancy agreement say about entry?

Has the court ordered inspection survey?

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Customer reply replied 8 months ago
Are you able to comment on consequences of trespass please. My agreement requires access to be agreed with the tenant. Thanks

I need to know what the clause of the tenancy says in respect of access please.

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Customer reply replied 8 months ago
1 To permit to visit, inspect, repair and maintain the property, to carry out any work required to ensure the landlord complies with his statutory obligations, or to carry out gas safety checks provided that tenant has been given at least 24 hours notice in advance of the visit and tenant convents to the date and time
2 to agree that provided the tenant is given at least 24 hours notice that if the landlord holds keys to the property then the landlord with or without workmen may gain access to the property using the keys provided the arrangement is acceptable and formally agreed in advance with th tenant.
3 to allow during the last eight weeks of the tenancy visits to the property by the landlord or the landlords agent together with other persons in connection with the relenting,sale or refurbishment of the property at dates and times mutually agreed with the tenant provided the tenant has been given at east 24 hour notice.
4 to allow the erection of the landlords agents board at the property advertising the property for the sale or rent during the last eight weeks of the tenancy.In response to your first question - we - neighbour and me, the owner - have agreed a settlement and my mortgage company wants to inspect the property in order to allow the settlement to proceed, and tenant is not allowing access to anyone before 4:30 which is not suitable for surveying as it is not lite nought.

Then you just need to give 24 hours notice.
If they refuse, sadly you need to get a Court injunction to make them give entry.

You would need to make an application in the current proceedings using form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

The Court would list the matter down and decide whether to order the tenants give access.

If the Court does and they refuse this could be contempt of Court, which they may be warned, fined or sent to prison.

But if the Court has already ordered the tenants give access then you need to make an application to get it back in Court.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

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Customer reply replied 8 months ago
What are the consequences of trespass - this is what I need to be aware of - based on case law? Thanks

They could sue you for breach of contract.

They either need to give access or you need a Court order.

They could issue proceedings against you.

Does that clarify?

Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 7,462
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