Entry into Flat without Permission - Items moved/missing

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    Entry into Flat without Permission - Items moved/missing

    Hi Guys,

    This afternoon I came home to my flat to notice somebody had cleaned/moved items throughout my bedroom, bathroom and the front room. I have also found that an item belonging to me is missing after searching the flat thoroughly. Frustrated isn't even close.

    My question is what can I do about this.

    Our landlord recently decided to sell the flat, and since this was declared (Jan 2020) we have had regular unannounced visits from the landlord's, wife's family. At first it was fine as they were carrying out wear and tear work outside the flat and in the communal area. However recently the visits have become every other day without warning. Although they are not always inside the flat, going to the bathroom to find your landlords, girlfriend's Mum or sister using the bathroom, while she asks you to mind the painted door frame is now annoying.

    I posted another thread just a week ago regarding a separate dispute I am still dealing with: https://forums.landlordzone.co.uk/fo...ciding-to-sell

    What would you suggest in this situation. It's frustrating to finish a day of work to come home and find someone has been in your home without your permission, moved items and been through your belongings to the point that objects appear to be missing.

    Thanks

    #2
    1. Tell the landlord that it is your home, that you are not happy with what is happening and why, that you do not want anyone entering without your agreement, and that you are entitled to quiet enjoyment of the property which these visits are breaching.

    2. If that does not work, then you could change the locks. Just change them beck before you leave.

    Comment


      #3
      Entering the property without any notice and disturbing the tenants possessions is surely arguably more serious than not having quiet enjoyment of the property.

      I'd think there is a definite case for harassment.

      Combined with the other post it only strengthens your negotiating position regarding the deposit.

      Comment


        #4
        Would it be possible to raise this case via DPS, or would something like entering the property without notice be raised in a different way? Thanks

        Comment


          #5
          Criminal action for theft, if they remove any of your possessions, or remove the landlord's and it is not clear that the landlord did. Criminal action for harassment. Civil or criminal action if they damaged any of your property.

          Comment


            #6
            Ok understood.

            Finally my flatmate has just discovered scratches on his wall that were not previously there. He has tried removing the mark only to realise it is actually a scratch. He has confirmed it definitely was not there previously.

            Comment


              #7
              Change the locks. Keep old one to replace when you leave.

              In your shoes I'd not inform Landlord


              Artful:. Landlord
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Originally posted by patrin01 View Post

                Would it be possible to raise this case via DPS, or would something like entering the property without notice be raised in a different way? Thanks
                Someone else more experienced with DPS disputes needs to answer that as I've never had a dispute and only dealings are amicable return of full deposit.

                My feeling though is that this is not likely to be relevant to the landlords claim against your deposit for the 'damage' mentioned in your other post, as far as DPS is concerned.

                If I were you though I'd be contacting the landlord to negotiate. I'd advise how concerned I was regarding their actions of entering without permission or notice, maybe highlighting the relevant clause in your tenancy which I expect there probably is one.

                I'd request to agree a termination date that suits you and your plans with a full return of the deposit or you intend to stay. If they want you out sooner, negotiating a settlement for this wouldn't be unreasonable.

                ​​​​​However, the previous suggestion to make an offer to buy the property at least 10% below the market rate and complete quicker than he's going to be able to elsewhere with you in there is something I'd be considering strongly.

                Comment


                  #9
                  Letting you enjoy your home

                  Landlords must let you live in your home without unnecessary interference.

                  Your landlord should not let themselves into your home without your permission.

                  Your landlord should not harass you or make it difficult for you to live in your home.
                  https://england.shelter.org.uk/housi...sponsibilities

                  Comment


                    #10
                    Originally posted by Finalv View Post
                    ​​​​​However, the previous suggestion to make an offer to buy the property at least 10% below the market rate and complete quicker than he's going to be able to elsewhere with you in there is something I'd be considering strongly.
                    They are looking for offers in excess of £550,000..

                    Comment


                      #11
                      Originally posted by patrin01 View Post

                      They are looking for offers in excess of £550,000..
                      Well that increases the profit of a 10% below market value purchase but would definitely be out of my price range also 😂

                      Comment


                        #12
                        1. Tell the landlord that it is your home, that you are not happy with what is happening and why, that you do not want anyone entering without your agreement, and that you are entitled to quiet enjoyment of the property which these visits are breaching.

                        2. If that does not work, then you could change the locks. Just change them beck before you leave.

                        Comment

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