Urgent assistance / guidance sought to seek access into rented property

[Tigs]

Tenants persistently refuse me access to my family home which I'm renting out whilst I work away from home. The tenancy Agreement is quite clear on access for inspections etc. I always send the tenants a polite notice indicating my intentions and the reasons for it well in advance - but they continually refuse without giving good reason. We are drawing to the end of the expiration of a Section 21 Notice and it is imperative that I see the conditions inside the house.

I now need to apply to the Court for an Order. Can anyone please assist me or guide me as to what I need to do in terms of process and documentation.

Many thanks in advance.

[charitynjw]

Re: Urgent assistance / guidance sought to seek access into rented property

Hi Tigs,

This should point you in the right direction.

https://www.gov.uk/gaining-possessio...rthold-tenancy

[Tigs]

Re: Urgent assistance / guidance sought to seek access into rented property

This is brilliant! Thank you very much - information I needed at my finger tips> Thank you once again. Best wishes.

[PlanB]

Re: Urgent assistance / guidance sought to seek access into rented property

Tenants persistently refuse me access to my family home which I'm renting out whilst I work away from home. The tenancy Agreement is quite clear on access for inspections etc. I always send the tenants a polite notice indicating my intentions and the reasons for it well in advance - but they continually refuse without giving good reason. We are drawing to the end of the expiration of a Section 21 Notice and it is imperative that I see the conditions inside the house.

I now need to apply to the Court for an Order. Can anyone please assist me or guide me as to what I need to do in terms of process and documentation.

Can you tell me why you need access before the tenancy agreement expires? You would not normally access a property to carry out the inventory/schedule of condition until the day the tenant leaves because it may be a pigsty now but they still have the opportunity to clean it and repair any damage before they leave.

However if you have urgent repair works to carry out and your tenancy agreement states that you can access the property after giving the tenants the required notice (as per the AST) they can't refuse permission. You just pitch up with your door key and let yourself in. You say the tenants continually refuse to allow you access "without good reason". What are the reasons they give?

I sense the relationship with your tenants may be hostile if you are seeking a court order for possession. You can't make the application until the section 21 Notice has expired. If there are rent arrears you can seek possession under section 8 without the need to wait for the tenancy agreement to expire. If you haven't placed the tenants' deposit in one of the approved schemes (I'm sure you have ) then you can't seek possession under section 21.

[Tigs]

Re: Urgent assistance / guidance sought to seek access into rented property

[QUOTE=PlanB;394320][/SIZE

Thank you Plan B. Here are my answers to the observations you make, I will used numberd paragraphs to aid clarity:-

1. I need access for a number of reasons a) complying with statutory obligations e.g. checking CO/smoke detectors; b)carrying out maintenance as necessary e.g. checking and cleaning guttering; c) the tenants has been complaining about damp/mould within the house. In addition, there is a clause in the contract which allows inspections although I have not followed this requirement to the letter.

2. I normally give the tenants three optional dates and a flexible time frame, each time the tenants give a variety of spurious reasons, but now they have stated in an e-email that they will not let me into the house. This contradicts their claim that there is damp and mould in the house.

3. The tenants are a typical Jekyll and Hyde, they are most aggressive and hostile, and yet they can be mild mannered if they want something. I am looking into seeking an Order to enter the house. The tenants have not paid the rent for December which they have been threatening for some time ever since they were served with a S21 Notice which expires in a couple of weeks' time. I have complied with the deposit scheme requirements.

General
i) Judging by the state of the outside of the house which is in a mess, I feel I need to enter the house.
ii) There is a real risk that the tenants will do a runner.
iii) I'm dealing with extremely rude people who use swear words when they communicate with me

[CleverClogs]

Re: Urgent assistance / guidance sought to seek access into rented property

I'm dealing with extremely rude people who use swear words when they communicate with me

That may just be the way that they are.

Some Untermensch use profanities as a way to punctuate their speech.

[CleverClogs]

Re: Urgent assistance / guidance sought to seek access into rented property

/SIZE

Is that proof that SIZE doesn't matter?

(My father told that to my mother. Then all the wallpaper fell off. :grin

However if you have urgent repair works to carry out and your tenancy agreement states that you can access the property after giving the tenants the required notice (as per the AST) they can't refuse permission. You just pitch up with your door key and let yourself in.

If he were to hurl a brick through a window in the dead of night, could he get access to fix it? :grin:

[PlanB]

Re: Urgent assistance / guidance sought to seek access into rented property

[]Thank you Plan B. Here are my answers to the observations you make, I will used numberd paragraphs to aid clarity:-

1. I need access for a number of reasons a) complying with statutory obligations e.g. checking CO/smoke detectors; b)carrying out maintenance as necessary e.g. checking and cleaning guttering; c) the tenants has been complaining about damp/mould within the house.

I've only just seen this post so excuse my late response. You are wanting access to the house and you say the Tenants won't allow you inside. But why would you need access to the inside to check and clear guttering which is on the outside?