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In this post I examine the various options and situations that may arise, to try to provide some clarity. Lets take a look at the law first. This does not mean that they are entitled to a noise free property or that they are entitled to enjoyment. This means, effectively, that a landlord cannot grant a tenancy and then expect to  be able to treat the property as if it was his.

DO have a right to go into the property. Is it the landlords property or the tenants? Lets take a look at the first issue first. Well it is and it isn’t.

For example, with the AST, Tanya will have the right to use and live in the property. AND retain the right to go into it when you want. What about legal rights of access? Tenant Act 1985 which provides for landlords to be authorised to enter the property after giving not less than 24 hours written notice? Lets start off by looking at the notice. The general rule is that the notice must not be for less than 24 hours.

However I would suggest that preferably the tenant be given considerably more than this. Then if the tenant wants to be present, he will have more time to arrange for this. And also of course because sometimes letters DO get lost in the post and you want the tenant to have a proper warning. If the landlord gives notice and the tenant specifically confirms that they agree or that they have no objections. In this case, unless the tenant retracts this, the landlord can use his keys and go in. If he has no keys, then he will be dependent on the tenant letting him in. It is assumed in these scenarios, that the landlord does hold keys.