More results...

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Filter by Categories
Allocation
ASB
Assured Shorthold tenancy
assured-tenancy
Benefits and care
Deposits
Disrepair
Homeless
Housing Conditions
Housing law - All
Introductory and Demoted tenancies
Leasehold and shared ownership
Licences and occupiers
Mortgage possession
Nuisance
Possession
Regulation and planning
right-to-buy
secure-tenancy
Succession
Trusts and Estoppel
Unlawful eviction and harassment

No right of entry! (On vanished tenancies)

06/08/2012

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 The Protection of Freedoms Act 2012 Schedule 2 para 12(1) has repealed section 8(2) of the Landlord and Tenant Act 1985.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.

Share on Bluesky

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 Bluesky. (No longer on Twitter). Known as NL round these parts.

0 Comments

Leave a Reply (We can't offer advice on individual issues)

This site uses Akismet to reduce spam. Learn how your comment data is processed.