Landlord Breach of Tenancy Agreement

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  • Landlord Breach of Tenancy Agreement

    My girlfriend has moved out of her rented property a couple of months ago, although the tenancy agreement doesn't end until the end of july 2009. It is a ground floor room within a house, shared by 3 others. We have been looking for someone else to take over the tenancy but to no avail as yet (they see the state of the place and run a mile). She has continued to make her rental payments as usual as we understand her obligations under the tenancy agreement.

    In the agreement it states that the landlord required 24 hours notice before entering her room to carry out any maintenance work etc. We went round to the house yesterday to find that her room door has been replaced, no longer had a lock on the door, and her room had been totally trashed as it was being used as a workshop for his workmen to replace all the doors within the property. This potentially cost us the chance for someone to take over the tenancy from us but that is beside the point. When we contacted him he said he would move the stuff out and clean up the room by tonight. However, as far as I am concerned he has broken the contractual agreement by breaching it not giving any notice or receiving permission that it is acceptable to use the room in this way. Do you agree? If this is the case we want to look at legal action to end the contract as he has already broken it - but a, unsure of what costs we would incur. My thoughts were that instead, if we cancel the direct debit and refuse to pay any more rent he will chase the guarantor (myself) for the rent. At which point I will inform him that he broke the contract and if he wants to take legal action I will counter it at that point.

    Do you agree this is the best/most cost-effective tact? It seems that as a tenant my girlfriend id everything by the book, yet the landlord can do what the heck he likes?!

  • #2
    The landlord appears to have committed a criminal offence under the Protection from Eviction Act 1977, and could cost him dear if you were to take court action, providing she definitely had an AST.

    It was reported very recently when a landlord (female) took over a tenant's premises after he was sent to prison and was then sued by the tenant for unlawful eviction whilst detained by HMPS and won! He had legal aid and the landlady lost a tidy sum. Give it a try, you may be surprised how the courts might support your girlfriend but use a solicitor!
    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.

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    • #3
      Originally posted by Paul_f View Post
      It was reported very recently when a landlord (female) took over a tenant's premises after he was sent to prison and was then sued by the tenant for unlawful eviction whilst detained by HMPS and won! He had legal aid and the landlady lost a tidy sum.
      No, that landlady won on appeal.
      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).

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      • #4
        Good, I'm glad about that!
        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


        • #5
          Originally posted by Paul_f View Post
          Good, I'm glad about that!
          See this 'Take A Break' thread, for more about that case: http://www.landlordzone.co.uk/forums...ad.php?t=17538.
          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


          • #6
            Originally posted by Paul_f View Post
            The landlord appears to have committed a criminal offence under the Protection from Eviction Act 1977, and could cost him dear if you were to take court action, providing she definitely had an AST.

            It was reported very recently when a landlord (female) took over a tenant's premises after he was sent to prison and was then sued by the tenant for unlawful eviction whilst detained by HMPS and won! He had legal aid and the landlady lost a tidy sum. Give it a try, you may be surprised how the courts might support your girlfriend but use a solicitor!
            Thanks for your comments... sorry to sound dumb... what's an AST?
            The landlord has many properties and seems to rent 'legitimately'... ie. the bond was sent off to the guys that hold them etc. I mean it's ridiculous... if she wants to move back in there she has total rights as she's paying rent still for the property! I'm just worried about the whole legal cost side of things.

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            • #7
              Originally posted by chandlerdesign View Post
              What's an AST?
              Assured
              Shorthold
              Tenancy.

              See Part II of Housing Act 1988 for more. There are umpteen threads about it, so use the LZ search facility.
              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

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