Here is a question to the blog clinic from Cathy (not her real name) who is a tenant
I believe my contract for a room in a shared house is unfair as it allows the Landlord and his agents access to my room without any notice or permission.
I have now been informed that the Landlord has previously entered and searched another tenant’s room without permission.
Is there anything I can do about this and can I end my tenancy early as I feel uncomfortable knowing the Landlord has free access?
Answer
It depends on what sort of contract you have.
If your contract is for a tenancy
If it is a tenancy then your landlord does not have the right to enter your room unless he gives you not less than 24 hours notice in writing. Even then he will only be entitled to enter if his reason for doing so is one authorised by the tenancy agreement (eg to show round prospective new tenants) or under statute (e.g. to inspect the condition of the property under the
Even then he will only be entitled to enter if his reason for doing so is one authorised by the tenancy agreement (eg to show round prospective new tenants) or under statute (e.g. to inspect the condition of the property under the landlord’s repairing obligations).
Any clause in your agreement which says otherwise will be void under the Unfair Terms in Consumer Contracts Regulations 1999.
The only time a landlord does not have to give notice is in a case of genuine emergency, for example if the property is on fire.
One of the hallmarks of a tenancy (as per the case of Street v. Mountford) is that you have ‘exclusive occupation’ of the rented property (even if this is just a room) and are entitled to keep out everyone, including the landlord (save for a few exceptions such as police with warrants etc).
For more information see here.
If your contract is for a license
On the other hand, if your contract is just for a license to occupy the room, then your landlord may possibly have the right to enter.
Most so called ‘licenses’ are actually tenancies. However not always. I suggest you get some advice on your contract and what sort of occupation you have.
If you have a Shelter Office or a Law Centre near where you live this would be the best place to get advice. You will find a list of places where tenants can get advice here.
So far as ending the tenancy early, in most cases this will not be an option, unless maybe you find someone to take your place. Again, this is something you should take advice on.