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okay, firstly i have been a landlord for several years with 2 properties rented out, both to DSS tenants. Touch wood i have been fortunate never to have experienced any problems. The government even increase the rent periodically without being asked.

However my question concerns a property which hase been rented to a private tenant for the last 30 months again with no problems, the lease is now on a monthly rolling contract requiring 2 months notice by either party to cancel. I have been trying to sell this property for last 4 months and the tenant agreed to stay and pay rent until I sold it. During this time he has granted my estate agent access whenever required to show people around.

Unfortunately last week I had to have a survey carried out. The estate agent assures me he tried without success to contact tenant, so we let ourselves in without his permission. The tenant has now found out that we broke in and has cancelled the lease, he claims that nobody tried to contact him for access, and has told me he is moving out with only one months notice. Also the deposit i hold on him will cover the 1 month rent so he has stopped the direct debit at the bank.

Can he do this? Will i be able to pursue him for breach of contract? Also i noticed some minor damage which he has caused and i was hoping to withold his deposit to cover this. Or should i be thankful that he hasnt reported me to the police for basically breaking in, albeit with my own set of keys.

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Unfortunately he is right. You have no right of access unless agreed by the Tenant on 24hrs notice.

I think your Tenant has been very accommodating in allowing several viewings without throwing a strop.

I would suggest that the Surveyor wanted access same day as turning up to carry out the survey which is never a good idea when dealing with Tenants Privacy.

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I agree with Melboy ..... and you should be thankful that the tenant is not prosecuting you for trespass.

First rule of being a landlord - if you can't get permission from the tenant to enter the property - KEEP OUT.

Lord Denning describes this as allowing "quiet enjoyment".

Let the tenant go - you want to sell anyway - ignore the small amount of damage and "move on".

Best Wishes,


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