Landlord keeps entering let property without my consent

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    Landlord keeps entering let property without my consent

    Hi guys this is my first post here. Im after some advice. I live in a shared house under a AST been here for 9 months and want to get out. The reason being my landlord continues to enter the property at will to check the mail and just for a general look around. Notice is never given and it is really getting on my nerves. I have mentioned it in several emails t them but they are sure that they can use their key to gain entry whenever. I thought the only time this can be done is in an emergency. After a game of email ping pong all this week the landlord has still not rectified the issue and a guy who i have never seen before has just come and cut the grass. Can I go down a legal route to get the agreement ended on the grounds of a continued breech?

    Kind regards

    Josh

    #2
    Originally posted by joshuarse View Post
    Hi guys this is my first post here. Im after some advice. I live in a shared house under a AST been here for 9 months and want to get out. The reason being my landlord continues to enter the property at will to check the mail and just for a general look around. Notice is never given and it is really getting on my nerves. I have mentioned it in several emails t them but they are sure that they can use their key to gain entry whenever. I thought the only time this can be done is in an emergency. After a game of email ping pong all this week the landlord has still not rectified the issue and a guy who i have never seen before has just come and cut the grass. Can I go down a legal route to get the agreement ended on the grounds of a continued breech?

    Kind regards

    Josh
    No, you cannot do that, but you can change the locks. As long as you change them back at the end of the tenancy there is nothing the landlord can do about it. It is perfectly legal and given his refusal to listen to your very reasonable objections, that is what I would do.

    Only another 3 months presumably - then you can go anyway. If you just go now, he can sue you for the last 3 months' rent.

    Incidentally, has he protected your deposit?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      No he hasnt, i dont have a certificate. I have a break clause I believe it is called and i can end the tennancy after 6 months with 2 months notice. He says this has to be from a rent due date so when i attempted to give it on the 28th of last month he said i would have to wait until april 26th then two months after that. Is this correct?
      I cant change the lock either because there is a specific exemption in my contract, it says I cant do so. Do i not have any other options? Is there nothing with any teeth that I can threaten my landlord with if he keeps entering or sending people who enter at will?

      Kind regards

      Comment


        #4
        We need to see the exact wording of the break clause.

        Comment


          #5
          Originally posted by joshuarse View Post
          No he hasnt, i dont have a certificate. I have a break clause I believe it is called and i can end the tennancy after 6 months with 2 months notice. He says this has to be from a rent due date so when i attempted to give it on the 28th of last month he said i would have to wait until april 26th then two months after that. Is this correct?
          I cant change the lock either because there is a specific exemption in my contract, it says I cant do so. Do i not have any other options? Is there nothing with any teeth that I can threaten my landlord with if he keeps entering or sending people who enter at will?

          Kind regards

          And you can change the locks since any clause prohibting this is unenforceable by your LL except by applying for a court order...by which time you will be long gone anyway. It won't be worth his while.

          If he has not protected your deposit, you can sue him for the depsoit itself and three times its value (this is the penalty for non-compliance). If you want to get out before the end of the tenancy, this might be a good bargaining tool.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            Clarification needed

            Well I just double checked and my deposit is not registered. The exact wording of the break clause and other relevant parts is as follows.:-


            Term 1.7

            1.7.1
            The term shall be a definite period of 12 months from and including 27th September 2008 to and including 27th September 2009.

            1.7.2

            If the tenant remains in the property beyond the end of the initial fixed term and no new fixed term comes into effect then then tenant will have SPT by virtue of section 5 housing act.

            1.7.3

            The 'term' is to include any extension or continuation of the fixed term or a statutory or contractual periodic tenancy

            2.5 ENDING TENANCY

            2.5.1.

            The tenant may terminate the contract by giving notice on or before 11th november 2008 to terminate the tenancy on 11th december 2008. Should notice not be given and the tenancy continue beyond december 11th 2008 the tenant may terminate by giving 2 months notice, but not before the rent due date for the 6th month.

            2.5.2 If the tenant intends to vacate at the end of the fixed term, or at any later date , he must give the landlord at least one months notice in writing.

            2.5.3 While the tenancy is periodic, Notice must be served and must expire the day before a rent due date.


            2.6 BREAK CLAUSE

            2.6.1 Should notice under 2.5.1 not be served , the tenant may bring the tenancy to an end at any time before the expiry of the fixed term (but not within 6 months of commencement date) by giving the landlord 2 months written notice. The earliest the tenant may give notice is 27th January 2009 to terminate on 27th March 2009.

            2.6.2 The landlord may bring the tenancy to an end at any time before the expiry of the fixed term (but not within 6 months of commencement date)by giving the tenant at least 2 months written notice stating the landlord requires possession of the property. A notice under section 21 of the housing act will suffice to implement this sub-clause. The earliest the landlord may give notice is on 27th January 2009 to terminate on 27th March 2009.



            That is the exact wording of relevant parts of the AST. You will notice there has been a failure to update section 2.5.1 that has resulted in a typo. Does this make any difference? and how much notice do i need to give, im really confused because it mentions 1 month and 2 months.


            Furthermore are you sure I can sue for 3 times my deposit if it has failed to be registered. I have double check and it is certainly not there on mydeposits.co.uk like my other housemates.


            Thanks and
            Kind regards

            Comment


              #7
              Do the sharers of the house have seperate Tenancy Agreements or do you all rent the house together on one Agreement?
              Dial 999 For a Landlord

              Comment


                #8
                They all have individual ones. Does this make a difference?

                thanks again

                Comment


                  #9
                  Often with separate agreements you would just have exclusive use of your room and shared access to other areas, so your landlord might be entitled to access the shared/communal areas.
                  Dial 999 For a Landlord

                  Comment


                    #10
                    Assured short hold tenancy agreement.

                    section 1.6 THE PROPERTY- Room XYZ for single occupancy, situated xxxxxxxx, together with fixtures fittings furniture etc more
                    particularly specified in the inventory signed by the tenant and all
                    grounds. * It shall include the right to use, in common with others , any
                    shared rights of access including stairways , communal parts , paths and
                    drives.

                    Landlords Obligations

                    5.2. To allow the tenant paying rent and performing obligations on the part
                    of the tenant, quiet enjoyment of *the property* during the tenancy without
                    unlawful interruption from the landlord or any person claiming under or in
                    trust for the landlord.




                    Thats what tenancy agreement says, property includes communal parts. What about notice does anyone know about how much i need to give?


                    Thanks

                    Josh

                    Comment


                      #11
                      The LL does have a right to enter the communal parts within reason. As it is probably an HMO, there are management regs and he needs to know that the property is OK. He may still be breaching your right to quiet enjoyment, if he is acting in an unreasonable manner; he needs to have a valid reason to be there.


                      Best practice would be to say that he will inspect on x day at y o'clock on a regular basis.

                      He cannot enter your room without asking 24hrs written notice.



                      First course of action would be to have a reasonable chat and say what you are unhappy about. PErhaps he does not realise that he is driving tenants away; you will be doing him and yourself a favour.
                      All posts in good faith, but do not rely on them

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                      Comment


                        #12
                        I refrain from commenting on how all these provisions hang together. I think though we can home in on clause 2.6.1:

                        Should notice under 2.5.1 not be served , the tenant may bring the tenancy to an end at any time before the expiry of the fixed term (but not within 6 months of commencement date) by giving the landlord 2 months written notice. The earliest the tenant may give notice is 27th January 2009 to terminate on 27th March 2009.

                        As to the red, if no notice has been given under 2.5.1 then 2.6.1 must apply.

                        As to the blue the wording is clear. The notice can expire at any time. There is no requirement for it to expire on a rent day.

                        As to the green, we can ignore it as the first six months have elapsed.

                        As to the brown, that is also clear; two months notice is needed.

                        As to the purple, the dates have passed.

                        We can take out everything that does not apply and that leaves us with:

                        The tenant may bring the tenancy to an end at any time by giving the landlord 2 months written notice.

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