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Withdrawing implied right of access and your personal details

Some people who have withdrawn TVL/BBC's implied right of access have been told that they must first provide their personal details. Here is one such TVL/BBC response:

"I understand your reasons for not giving your name. However, we can't accept an anonymous withdrawal of the implied right of access to a property, as we can't be sure a person has the right to make such a withdrawal. If you will kindly advise your name, we will of course adhere to your instructions regarding the right of access to your property, although we may use other methods of enquiry to confirm the situation."

Let's examine this statement.

TVL/BBC say they cannot accept withdrawal of implied right of access unless they know the name of the householder. Yet, TVL/BBC writes to householders - whose names it does not know - seeking entry to their premises.

There's a whiff of contradiction here. If personal details are necessary for TVL/BBC not to approach private premises, then they must also be necessary to enter private premises; otherwise, TVL/BBC callers would say to anonymous householders:

"We can't accept an anonymous granting of access to a property, as we can't be sure you have the right to make such an invitation".

TVL/BBC does not say this; it has never held back from entering houses of persons whose names it does not know. Therefore, we can deduce that its claim that "we can't accept an anonymous withdrawal of the implied right of access to a property" is untrue.

It should be borne in mind that the issue here is whether the resident can permit or prevent access; whether it is implied or express is immaterial.

So long as a letter withdrawing access is seen to come from the address in question, and that it responds to a letter sent to that address by TVL/BBC, those facts combined prove that the writer is the resident. If TVL/BBC persists in saying it does not accept withdrawal from an unnamed source, write back:

"Your letter will be placed before the court as evidence you have received my instruction withdrawing implied rights of access".


“The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail, its roof may shake, the wind may blow through it, the storm may enter, the rain may enter - but the King of England cannot enter; all his force dares not cross the threshold of the ruined tenement.”

William Pitt the Elder, 1708-1778


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