Landlord enters property.

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  • Landlord enters property.

    Need a bit of advice.

    We have yet to give the landlord back the keys for our old property (as we havn't yet moved all of our stuff and cleaned the place up).

    He served a section 21 on us a month ago. and our rent is paid to the 25th of this month.

    My partner went to the property this morning to find the landlord getting out of his car and looking through the windows of the house.

    He obviously saw that the house was almost empty and assumed we had vacated early. (We have but not officially).

    And proceeded to enter the property via the front door. #

    We collected yesterdays mail (No letter from him informing us of his intention to enter).

    Is this against the law? If so what do we do about it?

  • #2
    Originally posted by TerryCarter View Post
    Is this against the law? If so what do we do about it?
    Yes it is... but what do you want to achieve? Evidently you aren't living at the property now I can't believe that trespassing (if that's all this is) can be all that appalling to you; but do you want all the aggravation of instigating legal proceedings against the landlord in order to see him get his come-uppance?

    If not perhaps a straightforward letter reminding him of his responsibilities and asking him not to do it again might be the most appropriate way forward?

    Comment


    • #3
      I was actually hoping to use it as leverage to get x3 my unprotected deposit back without instigating legal proceedings.

      Comment


      • #4
        Originally posted by TerryCarter View Post
        I was actually hoping to use it as leverage to get x3 my unprotected deposit back without instigating legal proceedings.
        Wouldn't hold out for that too much, pursue him via the courts.

        Comment


        • #5
          Ha! if the deposit is unprotected and it should be, then the S.21 Notice is invalid. You would have to be a tenant to take your landlord to court so you will have to stay in the premises to instigate proceedings. By the way I disagree about not taking the landlord to court for trespass, as these people need to be "re-educated". (They manage to do it in China quite successfully I gather).
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


          • #6
            Originally posted by Paul_f View Post
            Ha! if the deposit is unprotected and it should be, then the S.21 Notice is invalid. You would have to be a tenant to take your landlord to court so you will have to stay in the premises to instigate proceedings. By the way I disagree about not taking the landlord to court for trespass, as these people need to be "re-educated". (They manage to do it in China quite successfully I gather).

            He's actually repaid our deposit, when we told him we were going to take him to court.

            He brought a section 21 notice round the day he paid it back and got me and my partner to sign it.

            Then took it away with him. Not sure if this is standard practice or whether he should have left the notice with us?

            On seeing that the property is empty I would assume he will now change the locks (at least thats what I am hoping, that way the police will actually become helpful for once.
            Last edited by TerryCarter; 09-04-2008, 15:23 PM. Reason: addition of text

            Comment


            • #7
              Originally posted by TerryCarter View Post
              He's actually repaid our deposit, when we told him we were going to take him to court.

              He brought a section 21 notice round the day he paid it back and got me and my partner to sign it.

              Then took it away with him. Not sure if this is standard practice or whether he should have left the notice with us?

              On seeing that the property is empty I would assume he will now change the locks (at least thats what I am hoping, that way the police will actually become helpful for once.
              L clearly wanted your counter-signature (proving that the s.21 Notice was duly served on you)- but how do you know what it requires you to do if you have no copy of it?
              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


              • #8
                Originally posted by Paul_f View Post
                You would have to be a tenant to take your landlord to court
                Where have you got that from?! They could equally be taken to court after the tenancy?!

                Comment


                • #9
                  Further Update.

                  My partners parents have just been to the property to pick up the rest of our stuff (in fear of L changuing locks) to be confronted by police who had been told there was a burglary in progress by the landlord.

                  Not sure what he's playing at?

                  Comment


                  • #10
                    Originally posted by TerryCarter View Post
                    Further Update.

                    My partners parents have just been to the property to pick up the rest of our stuff (in fear of L changuing locks) to be confronted by police who had been told there was a burglary in progress by the landlord.

                    Not sure what he's playing at?
                    Do you mean that:
                    a. police told them (the parents) that there was a burglary by L; or
                    b. L told police that there was a burglary by them (the parents)?
                    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


                    • #11
                      B. landlord called the police and told them there was a burglary in progress.

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                      • #12
                        Originally posted by TerryCarter View Post
                        B. landlord called the police and told them there was a burglary in progress.
                        Tell police to prosecute L for wasting police time and/or conspiracy to pervert course of justice. If it's possible to prosecute the woman in West Yorkshire re Shannon Matthews, that's possible for your L too.
                        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


                        • #13
                          I think he was probably lodging his call with the police in an attempt to cover his back for unlwaful entry earlier today.

                          But still a keyholder can hardly be a burglar. He must have been watching the property (or have someone watching the property) as he lives nowhere near it and it is in a cul-de-sac not visible from the main road.

                          Comment


                          • #14
                            Keyholder can be thief/burglar, if intending to appropriate property belonging to another, dishonestly and to deprive owner permanently.
                            See s.1 of Theft Act 1968.
                            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


                            • #15
                              Originally posted by Planner View Post
                              Where have you got that from?! They could equally be taken to court after the tenancy?!
                              Read my post matey before showing your knowledge! You can't take a landlord to court after you have been the tenant in order to have it award the 3x the deposit for not placing it within the TDS
                              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                              Comment

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