Wednesday, July 20, 2011

Does a licence agreement have the same protection from harassment as a full tenancy?

I have read that if a tenancy contains a clause where the landlord can come round to and enter the property without notice, then this renders it a "sham tenancy" and therefore not legally binding. I have not a tenancy, but a "Licence Agreement", in which there is a clause that states: "The staff reserve the right to go into the Licensee room without notice where deemed necessary." Does this render the Licence Agreement illegal in the same way that it would nullify a full tenancy? This is considering that my flat has been entered on a number of occasions by the staff of the landlord without prior notice or my permission, and even after I have explicitly told them at the door that I do not want them to come in (because I am showering/on the toilet/trying to sleep/having sex). And if I left without paying my final rent, would this nullify any debt incurred if it were in fact considered a "sham" by the courts?

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