2

Most leases say you can never do it without permission but permission wouldn't be unreasonably withheld but if you ever do it then you absolutely must give LL notification and issue of the new key.

Are these terms valid or overridden by the common law covenant doctrine of exclusive possession? I've read that if you change them back to originals upon leaving then you can never be forbidden as an AST to do that in England.

JosephCorrectEnglishPronouns
  • 6,301
  • 3
  • 24
  • 66
  • What if the landlord needs to do emergency repairs when the tenant is absent? –  Aug 26 '22 at 13:03
  • 1
    @Rick The landlord can call a locksmith in case of emergency. – Bernhard Döbler Aug 26 '22 at 21:09
  • 1
    An emergency requires an immediate response, waiting for a locksmith will only delay matters. –  Aug 26 '22 at 21:38
  • I do not see what added details or clarity is needed here, the question is quite clear. IMO this should not be closed on that ground. – David Siegel Aug 26 '22 at 21:42
  • 2
    I having a hard time concieving an actual emergency that is most appropriately dealt with by a landlord, and not some professional emergency response team. – Jasen Aug 27 '22 at 00:01
  • 2
    @Rick Firefighters and police are equipped to force a door. Repair crews might also be able to force a door, because typical doors aren’t made to stand up to power tools. – cpast Aug 27 '22 at 00:30
  • 1
    @Jasen A water leak or overflowing faucet likely to damage plaster or wallboard, but not dangerous to others or to property i shut oiff promptly. An apparently unattended infant. A small fire which can be dealt with by a hand extinguisher. A window open to a rainstorm, likely to cause property damage but not harm to any person. – David Siegel Aug 27 '22 at 19:11
  • 1
    @DavidSiegel if the tennants are expecting you to provide that assistance they will not have changed the locks. – Jasen Aug 27 '22 at 21:00
  • Wow, unexpected turn in reading this thread. Right up until t the end my i intended comment was to praise and side with Jasen but you then also make excellent points David. – JosephCorrectEnglishPronouns Aug 27 '22 at 22:00
  • 1
    Yes @Jasen: but, it's arguably the landlords property and they have an interest in preventing irreparably damage to it, so perhaps it isn't entirely up to the tenant? – JosephCorrectEnglishPronouns Aug 27 '22 at 22:01
  • In general however notwithstanding those caveats I mostly side with Jasen on the matter still. If damage is caused by negligence of the tenant then hopefully the LL has insurance and can pursue tenant for damages? – JosephCorrectEnglishPronouns Aug 27 '22 at 22:02

1 Answers1

1

The common law covenants of "quiet enjoyment" and exclusive possession never excluded access in a bona fide emergency, and a landlord would be entitled, and perhaps required, to break a door or window open if needed to gain access in the face of an emergency such as a gas leak, where others are potentially endangered and time is of the essence.

That said, a valid and reasonable contract may specify this as the parties please, unless specific law overrides this. For example a local landlord/tenant law could require that the landlord be given access (such as a key) Aside from such laws, the lease can forbid changing locks, permit it only with permission, or permit it freely (perhaps requiring that the landlord be given a key). Any of those provisions would be lawful in the absence of a specific law to the contrary. The lease could also specify when the landlord is to have access, and how much notice. But a provision denying access in a true emergency is probably not valid.

David Siegel
  • 113,558
  • 10
  • 204
  • 404
  • 1
    in a true emergency the landlord is the wrong person to take action, unless they are on an apropriate emergency response team. – Jasen Aug 27 '22 at 00:03
  • The people taking the action might reasonably ask the landlord to let them in. – George White Aug 27 '22 at 00:05
  • 1
    they should be asking the tennant. and if denied they are justified to break down the door or take other apropriate action. – Jasen Aug 27 '22 at 00:06
  • Yes @Jasha I agree completely. – JosephCorrectEnglishPronouns Aug 27 '22 at 22:04
  • Honestly David I feel as though your answer rather largely just dodges the question: yes, we may agree that in bona fide exceptional/emergency circumstances, the landlord would probably be entitled to enter without permission, possibly by breaking in if their key didn't work. But the question is whether it's ever not legally permitted, irrespective of what a contract says, to exclude them under normal circumstances by changing and withholding the key. They may always still be legally entitled to break in but then much less tempted to abuse their – JosephCorrectEnglishPronouns Aug 27 '22 at 22:09
  • keyed access casually as it would come at the cost of damaging their own property. – JosephCorrectEnglishPronouns Aug 27 '22 at 22:09
  • (in England and Wales). – JosephCorrectEnglishPronouns Aug 28 '22 at 08:22
  • Raising another question: if tenant withholds the key, and the landlord wants access for a lawful purpose and so breaks down the door, is the tenant liable for the damage to the door? – Nate Eldredge Aug 28 '22 at 13:54