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Some may argue that there is an implied right for the landlord to enter to carry out repairs arising from the tenants duty to keep the property in repair. On the flip side others may argue that there is no such implied right even if the tenant is in breach, in these circumstances the landlord would need to apply to the courts to enforce the tenants covenant to repair. If the landlord gets it wrong and enters when they have no right to do so they could commit trespass and be sued for damages by the  tenant.

For the landlord the best option is to ensure that the lease reserves the right of entry for repairs including details of how much notice is required and providing immediate access in the case of emergencies and if the tenants fails to carry out repairs that the landlord takes legal advice on such.

It would always recommend that a solicitor is appointed to draft the lease.

If you do wish to instruct a solicitor i would be happy to provide you with a fixed fee quote for the work please contact me on 01623 448302 (direct dial) or climb@fidler.co.uk.

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