Right of Entry - tenanted flat
Can anyone help please? Scenario: old house converted into 7 flats. All flats have equal share of the freehold. All 7 flats are rented out. There is a management committee made up of the freehold owners. The ground floor has been let out to the same family for about 10 years. The freehold owner can only be described as absent and hasn't been in the property for many, many years as the tenants won't allow him in and he's not bothered as the rent is being paid. Problem is the flat that backs onto this flat is now experiencing problems with damp on the adjoining wall. It has been investigated but is thought to be coming from the neighboring flat. As part of the management committee and one of the freehold owners (along with the other owners and tenants) we'd like to gain access to see if there's something in there causing the problem. The other concern is, it's a one bedroom flat with 2 adults and 3 small children living there - OK I suppose, they're a family - but in the summer there was an awful lot of banging for days and days and the lady living there mentioned to someone about a subterranean room being in the property. This flat has no such room - we know many of the previous owners. It's all rather a concern. So question (1) As freehold managers/owners what rights do we have to entry? (2) Is there anything we can enforce on the so called absent freeholder/landlord of this property? Do we have any enforceable liabilities? We believe that there is no tenancy agreement in place. Finally, for the future can the management stipulate that should any of the flats become vacant, future contract must state a representative of the management team is allowed to inspect the property on an annual basis? Many thanks for any advice you can give.
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