HELP - Tenant being harassed by LL

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  • HELP - Tenant being harassed by LL

    Hi,
    We entered into an AST on a house in May 2006 for 6 mnths. The LL regularly has a "representative" call on her behalf, without warning and on any day it suits her to visit. Just to check up on us - that house is tidy, garden in good order etc.

    We were previously on good terms with the LL but after an "inspection visit" when she was last in the UK in March she has sent us an 8 page letter with a list of conditions she wants fulfilled by 1st May 2008. The demands includesuch things as replacement of a tree which was blown over and uprooted in severe gales; removal of some rubble left after a road repair was carried out and is at the edge of her garden; the wheelie bin moved to a specific spot chosen by her;to regularly clean the garage door; to have the chimneys swept (at our cost). These are just a few in a long list. To add to it the house is on the market and she expects us to be available for viewings whenever required. She threatens to serve notice to quit if we do not comply with these and various other petty demands by 1 May.
    This all sounds so petty and idiotic but is causing a big headache, having these constant phone calls and visits from her friend.
    Any advice? (We are looking for somewhere else but no luck yet)
    Thanks in advance

  • #2
    Seems pretty clear that she is asking for all this so that she can sell the house!
    You do not have to allow viewings to possible buyers if you do not want to and you do not have the allow the agent or her friend into the property for their inspections.

    You are entitled to quite enjoyment of the property, yes the LL owns the property but it is still your home. You may wish to remind your LL of this fact.

    If you are already looking for a new home, then I would carry on doing just that, ignor the LL and her friend and just move on.

    Comment


    • #3
      Thanks Colin

      for your response, but are you SURE we don't have to allow the LL or her "representative" access to the house for inspections? I was under the impression that the LL was entitled to a certain number of inspections per year (2?) and/or access to property as long as 24 hrs notice is given.

      Comment


      • #4
        No you DO NOT have to allow access. LL is not entitled to enter if you refuse no matter how much notice is given as colinc says.
        Unshackled by the chains of idle vanity, A modest manatee, that's me

        Comment


        • #5
          Originally posted by pelar View Post
          for your response, but are you SURE we don't have to allow the LL or her "representative" access to the house for inspections? I was under the impression that the LL was entitled to a certain number of inspections per year (2?) and/or access to property as long as 24 hrs notice is given.
          Yes I'm sure.

          The only way a LL could enforce any such terms within an AST ( if a tenant refuses access ) is to take the tenant to court, at which time you can claim that it is an unfair term, which it is.

          Tell them to poke it.

          Comment


          • #6
            Originally posted by Colincbayley View Post
            which it is.
            At the risk of you accusing me of trying to provoke an argument......"why and on whose authority is it an 'unfair term' for the LL to have the benefit of a covenant allowing twice yearly inspections on 24hrs notice?"
            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.

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            • #7
              ...unless s.11(6) of LTA 1985 applies. L does have an automatic right of access (on 24 hrs. notice and at a reasonable time. except in emergency) to enter premises and view them. This applies to every lease in which a s.11 repairing covenant is implies, and- as it's stated in an Act of Parliament- T cannot object nor refuse access.
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              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.
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              • #8
                Originally posted by agent46 View Post
                At the risk of you accusing me of trying to provoke an argument......"why and on whose authority is it an 'unfair term' for the LL to have the benefit of a covenant allowing twice yearly inspections on 24hrs notice?"
                It is not an unfair term UNLESS a court of law says so.

                Hence, if the tenant advises the LL that they can not have access, the LL could take the tenant to court for breach of contract, the tenant can then refer the court to the OFT guidelines on unfair contract terms and the court would then rule on the matter.

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                • #9
                  Originally posted by agent46 View Post
                  At the risk of you accusing me of trying to provoke an argument......
                  Isn't that exactly what you are again trying to do with this out of hand statement. ( Think I will stick you on my ignore list )

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                  • #10
                    I think Agent46 hasn't had his/her afternoon drinkie poo yet and is getting antsy.

                    Comment


                    • #11
                      Originally posted by attilathelandlord View Post
                      I think Agent46 hasn't had his/her afternoon drinkie poo yet and is getting antsy.
                      Is it your round then Attila ?

                      Comment


                      • #12
                        Originally posted by Colincbayley View Post
                        It is not an unfair term UNLESS a court of law says so.

                        Hence, if the tenant advises the LL that they can not have access, the LL could take the tenant to court for breach of contract, the tenant can then refer the court to the OFT guidelines on unfair contract terms and the court would then rule on the matter.
                        Yes, thank you. I'm aware of how the civil justice system works.

                        So what you actually mean is "in my opinion it may be an unfair term" rather than "it is an unfair term", which is what you originally wrote.



                        A bit less declaration and a lot more explanation is required in some posts methinks
                        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


                        • #13
                          Originally posted by agent46 View Post

                          So what you actually mean is "in my opinion it may be an unfair term" rather than "it is an unfair term", which is what you originally wrote.
                          Not my opinion at all, it is the view of the OFT, which only a court could enforce.

                          But of course you would be aware of that wouldn't you.

                          Comment


                          • #14
                            A large G&T (double!) please.

                            I wouldn't worry about Agent46 too much he'll get bored and drift away sooner or later, they all do.

                            Comment


                            • #15
                              Originally posted by attilathelandlord View Post
                              A large G&T (double!) please.

                              I wouldn't worry about Agent46 too much he'll get bored and drift away sooner or later, they all do. I know what you mean, but there is very little I worry about, other than not getting me dinner at night!
                              Little bit early in the day for a G&T if you ask me.

                              Comment

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