No right of entry! (On vanished tenancies)

Well, there’s an oddity. The Protection of Freedoms Act 2012 Schedule 2 para 12(1) has repealed section 8(2) of the Landlord and Tenant Act 1985. The relevant provision is:

Landlord and Tenant Act 1985

12 (1) Omit section 8(2) of the Landlord and Tenant Act 1985 (power of landlord to enter premises to view their state and condition).

(2) This paragraph extends to England and Wales only.

Section 8(2) provides:

(2)The landlord, or a person authorised by him in writing, may at reasonable times of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.

But it only applies to tenancies let for less than £80 per year in London or £52 per year elsewhere, on a term of less than 3 years. So, roughly, none. The Protection of Freedoms Act has therefore helpfully protected tenants from a right of entry that nobody has any more anyway. But it is tidier.

Hat tip to the Garden Court Housing Bulletin.

Posted in Disrepair, FLW article, Housing law - All and tagged , , . RSS feed for this post and comments.

About

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts, and still is Nearly Legal on Google +

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