Does an email count as giving notice to tenant...

[blue_eyes777]

to enter the property?

Hi guys, hope somebody can help.
I have new tenants moved in end of september seemed nice enough to begin with but are now becoming a leeeetle bit difficult.
for example, i have a hot tub in the conservatory for which the tenats agreed that if they used it they would be responsible for repairing it if it went wrong . they agreed to pay a second month deposit to provide for this. my letting agent said she would keep the conservatory locked until the deposit had been paid, but unbeknown to me the agent did unlock it for them. now the tenant has decided not to pay the deposit and now has the free run of the tub .
She has told my agent she is not using it but???
I wanted to leave it locked up but out of good will and faith, i left it unlocked.
Not nec a problem because I can go and lock the tub up BUT I am overseas tenant in Spain.
I would like to enter or my wife to in order to lock up tub and also pick up some elctrical leads left on the premises. i called them and the tenant made an arrangement for my sis to pick up leads this morning, but when my sis called, they did not come to the phone... the phone is now constanly engaged...
my question is...can I give written notice and then enter after knocking?ç
does it have to be a letter or can it be email - tenant is a probation officer.

[Ed999]

If the premises which have been let are in England and Wales, read this thread: http://www.consumeractiongroup.co.uk...-landlord.html


If the premises which have been let are in England and Wales, the rights of the parties are those which are set out in the written tenancy agreement.

The question of whether the tenant has the right to use the hot tub is one which can only be determined by examination of that written agreement. Consult a solicitor for advice.

The question of whether the landlord has a contractual right to enter the premises is also one which can only be determined from the actual terms and conditions in the tenancy agreement. Again, consult a solicitor.


As a matter of law, the landlord has given exclusive possession of the premises let by the tenancy agreement to the tenant. There is no implied right for the landlord to enter the premises which have been let.

You will want to consider carefully (a) the extent of the premises that are included in the letting, and (b) the express provisions as to access by the landlord to those premises - there can be NO implied right of access.

The statutory right of access to repair, under section 11 of the Housing Act 1988, does not apply in the situation as described by you.

If the tenancy agreement contains an express right of access by the landlord, you can only enter in accordance with the terms of the relevent provision in the agreement. That provision will set out (a) what period of notice must be given, e.g. 7 days or 21 days notice, and (b) in what form the notice must be given, e.g. by letter.

If the tenancy agreement is silent on the point, the ambiguity will normally be decided by the court in favour of the tenant.

It is important to have a professionally prepared letting agreement, which spells out in detail important points such as these.

There are various criminal offences which you might commit if you enter the premises without an invitation from the tenant, in breach of the provisions of the tenancy agreement.



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[MrShed]

You are on shaky ground. I would advise to leave well enough alone, and just let them use the hot tub. I will answer in more detail later, but you are on shaky legal ground in at least 3 ways that I can see - making them responsible for certain repairs, preventing access to areas of the property that they have exclusive possession and also entry into the property.

[Joa]

criminal offences which you might commit if you enter the premises without an invitation from the tenant

Not necessarily an invitation but definitely a permission.
Email in my view is an acceptable form of communication, especially if it comes from an address which you have used to contact tenants or agents before.
And straighten this mess out with the hot tub, so you can relax and everyone know where they stand

But I must say this made me laugh:

does it have to be a letter or can it be email - tenant is a probation officer.

A bit random, eh? An officer of the law in a hot tub! Mind how you go blue eyes!

[Ed999]

Originally Posted by Joa

Email in my view is an acceptable form of communication, especially if it comes from an address which you have used to contact tenants or agents before.

Oh dear, we're going to have to disagree on this point, Joa. Sorry.

In respect of giving a formal notice under the tenancy agreement, the landlord must comply with the terms of that agreement.

If the relevent clause in the agreement says the notice must be given by letter, as is often the case, then only a letter will suffice. Or if it says the notice must be given in writing, then only a written notice will suffice.

In both cases, an e-mail is not sufficient.

Say, for example, that the tenant has a computer fault, and never gets the e-mail at all. Then the notice is ineffective. This is why these agreements specify a written notice, not an electronic one.

[MrShed]

Agreed it depends on the wording. However, there is precedent in the form of a case law where it was agreed that email WAS acceptable - again, dependant on wording. The case escapes me now however!

[Joa]

Aw dear, it'll be a pleasure to have it out with you, Ed! And it seems that you are correct!
We of course have not seen the tenancy agreement in question but most of them do not refer to notices abot access at all. We therefore have to rely on the implied terms. The Landlord and Tenant Act 1985 s11(6) does not refer to a "formal notice" but it does talk about "notice in writing".

[Ed999]

The o/p needs to be aware that there is NO implied right of entry. If the tenancy agreement is silent on the point, the landlord CANNOT enter the property while the tenancy lasts.

The only exception would be the statutory one, under section 11 of the Landlord and Tenant Act 1985. But that ONLY applies to access to repair. The landlord CANNOT use section 11 to enter the premises for any other purpose.

If the tenant refuses entry, the landlord can only enter after he has obtained a court order: an injunction. To get that he would have to satisfy the court that section 11 applies. And in this case, the o/p has made it clear that he will not be able to rely on section 11.

The point about notice is therefore redundant. The landlord has no right of entry, so the question of notice doesn't arise.

The real issue here is whether the conservatory is part of the demised premises. Only if that room has been included in the letting does the landlord have a problem. But the o/p has been reticent on this point!



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.