My landlord is demanding access to the property

[Gleadly 11]

Just let the landlord in!!!!!!!!!!!!!!!!!!!

 

It's in your tenancy agreement.

[Cyclone 10]

If the parties negotiate/settle the contract clauses themselves (inc. via their solicitors), so that each party is happy with the resultant contract's contents/wording, that's "individually negotiated".

 

If one of them (e.g. L) says to the other (e.g. T) that the Letting Agreement is on a 'take it or leave it' basis, that's not "individually negotiated".

 

Yes, obviously there's a whole spectrum of possibilities between those two!

 

If neither party requests any changes due to it being acceptable to both, would that be considered negotiated? Presumably it depends on whether there was said or implied that it was a take it or leave it deal?

[Jeffrey Shaw 90]

What happens if a prepared tenancy agreement is supplied by the L,and after reading it,the T signs and accepts it.Is that individually negotiated or is an amendment needed to indicate some element of individualisation?

Good question, and there's no simple answer.

But it's for L to prove the individual negotiation, not for T to disprove it!

 

---------- Post added 04-04-2013 at 17:31 ----------

 

It's in your tenancy agreement.

So? Haven't you read any of this thread?

[Cyclone 10]

How can you prove that you never said "take it or leave it", you can't prove negatives.

[Margarita Ma 10]

How can you 'revoke' a consent that forms part of a contract that you are bound by? Surely to revoke that consent you would have to withdraw from the contract, meaning that you would no longer legally have a right to be living at (or be at, at all) that address?

 

(Not claiming that it's wrong, I just want to understand the mechanism that allows for a contract to be varied in this way without consent from both parties).

 

Copied from Housing Act 1988

16 Access for repairs.

 

It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

[Jeffrey Shaw 90]

True; but that's not really too different from T's covenant under s.11(6) of LTA 1985:

 

11(6). In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.

 

The question in both cases is how L can enforce the right to enter.