Agent entered tenant's room without permission

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    Agent entered tenant's room without permission

    I'm an assured shorthold tenancy. Today I was taking shower- I got ensuite in my room- and I did hear a noise , my surprise when I saw the agent in my room! and He said to me He was in his right entering because I am living for free - different than I'm 3 days in arrears , I have to pay on the 4ths. Yesterday he sent me a txt asking for the rent and I did reply to him that i was not planning to pay until he repairs a window in the first floor because someone can enter thought it and util he will came and put credit in the electricty key and gas card - because both of them were without credit

    One month ago I realised he has failed protecting our deposit, I was planning to claim the 3 x deposit but i havent done yet beacuse I have read in this forum than even if they didnt protect the depost is not 100% sure that the court will order to pay the depost back and the 3 x deposit.

    Other thing is that one of the neighbord said to us that maybe they need a license to rent this property as HMO because We'are living 6 people, the agent converted the living room in 2 rooms more to rent, and probably this house is registred just as a 2 bedroom flat.

    My enquiries:

    -May I change the locks of my room
    -Can I claim the 3 x deposit if I'm in arrears ( I got the money but I really dont want to pay after this incident.
    - Can I deposit the rent in a new account on my name- means use it exclusive for the rent , in order than dont fail paying the rent and notify to the court.

    Sorry for many enquiries , but me and my flatmates We are young foreign students and We are not used dealing with landlords/agents.

    Thanks

    #2
    Originally posted by edgarcia View Post
    I'm an assured shorthold tenancy. Today I was taking shower- I got ensuite in my room- and I did hear a noise , my surprise when I saw the agent in my room!

    This is a criminal act under "The Protection from Eviction Act 1977 which prohibits the following and makes them a criminal offence:-
    • Physically evicting a residential tenant other than by court proceedings
    • Doing anything to cause the tenant to leave the property and give up his tenancy
    • Preventing a tenant from exercising his rights under the tenancy agreement


    A landlord may only enter your property without a specific invitation from the tenant are stricly specified and at least 24 hrs notice in writing is given or in the case of a genuine emergency


    and He said to me He was in his right entering because I am living for free - different than I'm 3 days in arrears , I have to pay on the 4ths.

    Absolute nonsense and confirming harassment


    Yesterday he sent me a txt asking for the rent and I did reply to him that i was not planning to pay until he repairs a window in the first floor because someone can enter thought it

    It is not a good idea to retain rent unless you have a written record of your complaint and have suggested that unless the work is completed within a specified period you will arrange for it to be done yourself and reclaim the cost from the rent due


    and util he will came and put credit in the electricty key and gas card - because both of them were without credit

    Have you been without gas and electric supply and are they being witheld because of a fault in the payment system? If so this is further harassment

    One month ago I realised he has failed protecting our deposit, I was planning to claim the 3 x deposit but i havent done yet beacuse I have read in this forum than even if they didnt protect the depost is not 100% sure that the court will order to pay the depost back and the 3 x deposit.

    It seems as if you have a recent tenancy that should be protected by the landlord having to place your deposit in an approved tenancy deposit scheme. If you have not been properly informed of how your deposit is being handled this is an offence. Your deposit should be safe whatever happens

    Other thing is that one of the neighbord said to us that maybe they need a license to rent this property as HMO because We'are living 6 people, the agent converted the living room in 2 rooms more to rent, and probably this house is registred just as a 2 bedroom flat.

    Contact your Local Council concerning the HMO issues and see what advice they give you on dealing with the harassment issues. Shelter will also help you.

    My enquiries:

    -May I change the locks of my room
    Yes - tell the Landlord you are doing this in view of his unlawful entry and intend to withold the cost of installing the locks from the rent due
    -Can I claim the 3 x deposit if I'm in arrears ( I got the money but I really dont want to pay after this incident.
    See above
    - Can I deposit the rent in a new account on my name- means use it exclusive for the rent , in order than dont fail paying the rent and notify to the court.
    Seek further advice on whether you can claim compensation for the distress you have been caused

    Sorry for many enquiries , but me and my flatmates We are young foreign students and We are not used dealing with landlords/agents.

    No problem - perhaps one of our Solicitor members (for example Jeffrey) will read this and offer further input

    Thanks
    Hope my comments in red are helpful
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


      #3
      thanks Worldlife

      Thanks for a quick reply and very very helpful advice.

      Comment


        #4
        Originally posted by edgarcia View Post
        Thanks for a quick reply and very very helpful advice.
        Glad to be of help. Even if your spoken English is good it might be a good idea to take a printout of my reply when you visit the Council offices.

        Add in big letters the heading "ALLEGED HARASSMENT OF TENANT"

        Take along a copy of the AST together with the contact details for the landlord, agent and yourself and also the names and room numbers (or room locations (e.g floor level and front or back - left or right) and contact details for your fellow tenants. If you can have details of the facilties shared by all tenants and those which are exclusive (e.g you have a shower but do you also have a WC?) this will all be helpful.

        Show to reception and say you would like to see someone who can deal with this for you.

        I am unable to edit my original post so could you please amend the sentence on landlord's right of entry to read....

        The times when a landlord may enter a property without a specific invitation from the tenant are strictly specified and at least 24 hrs notice in writing must be given. Even if this notice is given you have the right to suggest a more convenient time and then should you deny entry the landlord must then obtain a Court order. Except in the case of a genuine emergency the landlord or agent must not intrude on your right to privacy and enjoyment of the property.

        Good luck -
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

        Comment


          #5
          Hi,

          Many thanks for your advice. Today I went to the council offices and I got a reference number for my case.They are really interested because in our contracts the agent wrote the same property's address for the landlords residence and he is not living here, so maybe he fakes that he still living here in order than dont lose the beneficts.
          The lawyer suggested open a new account and deposit into the rent due while the enviroment and health department makes and investigation which determines if the property has been rented without request a license. I did open the account, made the deposit and also I changed the room's lock and I discounted the amount which I paid.
          I posted a letter for the landlord and agency to let them know , about the account, the incident details with tha agent and the rest of the infortmation that you gove me.
          I'm planning to make the claim online for the 3 x deposit tomorrow.

          I will let you know how the things are going.Thanks once again for your advice.

          Comment


            #6
            Appreciate your update Edgarcia - thanks.

            I am so glad the Council are being so supportive - it must be a great relief to you and your fellow tenants.

            Let us know the further progress and outcome.
            Vic - wicked landlord
            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

            Comment


              #7
              As you have issued Court proceedings against your LL you can probably expect to receive an s21 notice i.e. that the LL requires you to leave the property by a certain date. This possibly wont be a bad thing considering the circumstances but you should be aware of it and make necessary plans.

              Also, its very possible your claim against the LL for 3x rent wont succeed as it only needs him to lodge the deposit with the TDS before any Court appearance to make your claim fail. I dont know what happens about costs in that situation but at least the deposit will be protected.

              Comment


                #8
                p_case Your interpretation of the law does not seem to coincide with that of the wording of the Act or other reputable sources. Perhaps you could provide further information on this.

                214 Proceedings relating to tenancy deposits (1) Where a tenancy deposit has been paid in connection with a shorthold tenancy, the tenant or any relevant person (as defined by section 213(10)) may make an application to a county court on the grounds—
                (a) that the initial requirements of an authorised scheme (see section 213(4)) have not, or section 213(6)(a) has not, been complied with in relation to the deposit; or
                (b) that he has been notified by the landlord that a particular authorised scheme applies to the deposit but has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme.
                (2) Subsections (3) and (4) apply if on such an application the court—
                (a) is satisfied that those requirements have not, or section 213(6)(a) has not, been complied with in relation to the deposit, or
                (b) is not satisfied that the deposit is being held in accordance with an authorised scheme,
                as the case may be.
                (3) The court must, as it thinks fit, either—
                (a) order the person who appears to the court to be holding the deposit to repay it to the applicant, or
                (b) order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme,
                within the period of 14 days beginning with the date of the making of the order.
                (4) The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.
                (5) Where any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), the property in question is recoverable from the person holding it by the person by whom it was given as a deposit.
                (6) In subsection (5) “deposit” has the meaning given by section 213(8).


                You will see that subsection(4) states MUST. If the Act intend the award to be discretionary it would have read "MAY"

                Section 21 procedures are invalidated until the contraventions of the Tenancy Deposit Scheme are resolved.

                I am sure edgarcia is now getting good help and support from his local Council. I cannot see any Court supporting eviction procedures whilst harassment and these other issues are being sorted out.
                Vic - wicked landlord
                Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                Comment


                  #9
                  But what then about the recent Court case in which late deposit protection was held OK as a reason not to order L to pay x3?
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Originally posted by Worldlife View Post
                    p_case Your interpretation of the law does not seem to coincide with that of the wording of the Act or other reputable sources. Perhaps you could provide further information on this..
                    I'm sure Pcas can stick up for himself, but in case he doesn't see this, here is the clarification you are looking for: http://www.landlordzone.co.uk/forums...8&postcount=19

                    IIRC, there was also a case recently which confirmed that my analysis is substantially correct. It was an appeal from a District Judge to a Circuit Judge; IIRC, Sheffield County Court. It is not binding authority, but, in the absence of any other cases on the point, it is persuasive.
                    Health Warning


                    I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                    All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                    Comment


                      #11
                      Will see what happen ... today before submit the claim I called again to the 3 schemes and the deposit still unprotected, and is not just mine. My flatmates are in the same situation.

                      I will let you know any new - hope good news-

                      Once again, Thank you.

                      Comment


                        #12
                        Originally posted by agent46 View Post
                        I'm sure Pcas can stick up for himself, but in case he doesn't see this, here is the clarification you are looking for: http://www.landlordzone.co.uk/forums...8&postcount=19

                        IIRC, there was also a case recently which confirmed that my analysis is substantially correct. It was an appeal from a District Judge to a Circuit Judge; IIRC, Sheffield County Court. It is not binding authority, but, in the absence of any other cases on the point, it is persuasive.
                        If MUST does not mean MUST then I agree with the statement on that thread that

                        "Just another example of the poor quality of legal drafting in modern legislation I suppose . "

                        Was the judgement in Stankova v Glassonbury 10th March 2008 in Planner's post of 17th April subject of appeal?

                        A little late in the day to read in depth.

                        Wonder if OP here might get a viewpoint and support from the District Council handling his case or perhaps from the Shelter legal team.
                        Vic - wicked landlord
                        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                        Comment


                          #13
                          Update

                          Today I did receive the notice from the Council: the inspection visit will be on the 21-11-08. I also received the notice of issue from the court and it says :
                          " The court sent it to the defendant on the 12th Nov and it will be deemed to be served on the 17th. The defendant has until the 1st Dec to reply.

                          Today the landlord called me, but I did not pick up the phone as I told him that any thing that he or his agent need let me know they would do it by recorder delivery and I will do the same.

                          No more news ....

                          Thanks.

                          Comment


                            #14
                            Just another example of the poor quality of legal drafting in modern legislation I suppose.
                            Anyone who thinks that poor drafting of statutes is something new should read the Prescription Act 1832. Even the generally well-drafted Law of Property Act 1925 had to be followed by the Law of Property (Amendment) Act 1926.

                            Comment


                              #15
                              Originally posted by Lawcruncher View Post
                              Anyone who thinks that poor drafting of statutes is something new should read the Prescription Act 1832. Even the generally well-drafted Law of Property Act 1925 had to be followed by the Law of Property (Amendment) Act 1926.
                              So the learned are idiots just like the rest of us then?

                              Or does parliament screw up peoples brains?
                              Now signature free.

                              Comment

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