update - Landlord break in

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  • update - Landlord break in

    I reported the break in to the police last night and they sent a patrol round they took the cctv tape of the workman in my flat after breaking in. and took a statement. Today however i had a phone call from CID saying they have spoken to landlord and will not be taking it any further. as its a civil matter between LL and tenant

    So in short its ok for the landlord or one of his workmen to force his way into your flat/house have a snoop around and as long as he didnt take anything its not illegal so should i go round to my LL house tonight force my way in and have a snoop around.

    I cant believe that dodgy LL can get away with this because the police are too busy pulling young lads over because they have their front fog lights on.

    Does anyone know if i have a right to have him charged or what my next step is. my Fiance of 5 yrs wont stay in the flat on her own anymore and has moved into her mothers house and my 11 yr old son has been asking what if the man comes back. I have lived in that flat for 10yrs its disgusting that you can be treated that way


    thanks and sorry for the rant
    matt

  • #2
    I would change the locks.

    Comment


    • #3
      hes not got a key unless you meen change them and say he did it(but thats not my style plus he would only deny it and its my word against his)

      Comment


      • #4
        Was there a specific reason why the workman broke in? If you had previously refused entry and there was something which the landlord considered correctly or incorrectly as an emergency, then there is a right to break in depending on the urgency.

        Your tale is a bit one-sided and I think there is more to this than meets the eye - lets have the full story eh?

        As to your question about prosecution of the landord - yes, you can "lay an information" with the local magistrates who may decide to issue a summons - but lets face it, it went zero yards with the police - you would have to prove mens rea - the landlord has given a reason presumably to the police which they accepted OR has put his hand up and admitted a mistake and won't do it again - to be a harassment case there has to be a course of conduct - i.e. more than one occasion - so to committ an offence under this heading he would have to do something twice or more that constitutes harassment.

        A civil remedy might be more successful - but as I said before, this depends on the circumstances of the break in.

        Comment


        • #5
          I'm a bit confused here, how did the workman enter the property without a key ?

          Comment


          • #6
            see earlier thread

            http://www.landlordzone.co.uk/forums...ead.php?t=1979

            Comment


            • #7
              Mattyg - it would help if you posted updates all on the same thread without starting new ones - otherwise it makes it hard for anyone advising you to follow what's going on!

              Comment


              • #8
                Originally posted by Jennifer_M
                I'm a bit confused here, how did the workman enter the property without a key ?
                The workman tried to crow bar the door open there is damage by the lock.
                then he removed a couple of pieces of already cracked glass put his arm through the window and open the door.(The previous damage was as a result of the lock going knackered with my girlfriend and son inside called LL but got no reply so had to break in twisting of the door cracked the glass LL has never complained about this though)

                Originally posted by Ericthelobster
                Mattyg - it would help if you posted updates all on the same thread without starting new ones - otherwise it makes it hard for anyone advising you to follow what's going on!
                Sorry about that I was a little pi**ed off at the time

                Originally posted by Davidjohnbutton
                Your tale is a bit one-sided and I think there is more to this than meets the eye - lets have the full story eh?
                I understand that it may seem a little one sided but his actions came right out of the blue i believe i have been more than patient with regards to waiting nearly 3 yrs for the window in our bedroom to be replaced there is only a couple of thin wood boards and it gets mighty cold in there in the winter i have kept temp logs since last november in one instance it was
                -8deg outside and -2 inside. Now after his behaviour i want the book thrown at him
                I have spoken to the EHO who wrote to me saying they are a little busy right now and will phone soon.
                I have also put it in writing to the HSE regarding the lack of Gas safety checks.

                The LL said because he gave me 48hrs notice he could enter my home without my permission to do an inspection. However we had a surveyor attend the week before and he did an inspection. Two in as many weeks?
                with regards to the inspection the workman came in through my front door walked up my stairs(I live over a shop with my front door round the back)
                walked down the hall poked his head into the kitchen the bathroom the toilet then read the note i had left for the LL on my living room door and left he couldnt do an inspection without checking the livingroom and both bedrooms?

                Comment


                • #9
                  Matty g: I've taken the time to read your postings and although some landlords on here have implied that what you say is a little one-sided I tend to disagree with them.There are always two sides to each story so I'm going to make a few points:

                  1) You say that you have been waiting 3 years for a window to be repaired.What kind of notice have you given him and was it in writing.To simplify matters if you have given notice,the law.s11 (L&T Act 1985) puts an obligation on a landlord to carry out repairs in a reasonable time.On the other hand the Landlord would not be in breach of S11 if he had no notice or had not been given reasonable time to remedy the defect.In this instance a CCJ would in most cases rule in your favour provided that you have given notice with the emphasis being on "reasonable time".

                  2) Provided your Landlord has given you a least 24hours notice to carry out an inspection then Im afraid he is not breaking the law.However he can not just walk in or use a key as this then borders onto other laws(you would have to invite him in and I dont care what the other landlords say).In this instance he would be in breach of the tenancy as you are allowed to have peaceful enjoyment of the premises.The law also protects you from harrasement and of course there is your human rights.If he changed the locks and you could not get in then that would be "classed as an illegal evection" from which you are protected by law.There is also grounds for "tresspass" which im not going into as the law here is complicated.Technically he can't tresspass on his own property but if he walks into the property when you have a valid tenancy agreement then you have a right to remove him using"reasonable force".A question here to Landlords"What would you do if you were watching t.v and your tenant came in and sat on your leather sofa" no doubt you would throw him out.So whats good for the goose is good for the gander.

                  3) What I can't understand is why you have allowed this to go on for so long.Why have you not taken legal advice.If you are being threatened or intimadated then you have a case.Also a point I will make there are some very good landlords out there and equally some very bad ones.What you have to remember that your rights in the private sector are limited and as I previously stated in your case the legal route may be the best one.
                  Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                  Comment


                  • #10
                    Originally posted by pms
                    A question here to Landlords"What would you do if you were watching t.v and your tenant came in and sat on your leather sofa"
                    I would wonder where the hell the leather sofa came from

                    Comment


                    • #11
                      Originally posted by Energise
                      I would wonder where the hell the leather sofa came from
                      Nice one energise
                      Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                      Comment


                      • #12
                        thanks pms for your comments and your time.

                        I noticed the window was broken at 3.30 in the morning when i had come back from a night out so at 3.30 am i was doing emergancy repairs instead of waking up the landlord(wish i had woken him now) and i phoned him the next day. he then sent someone round within a week to give a quote then nothing for about 40 weeks which i then got the letter regarding arrears(there are no arrears) i still have the letter.

                        with regards to the inspection thing he had a survey done the week before so how often can he do an inspection with 24 hrs notice.
                        what about the fact that he didnt do an inspection he only entered my hall and toilet surely an inspection would cover a little more of my flat.

                        As for letting it go on for so long believe it or not im not a complainer however when i do eventually get my teeth into something im like a pitbull.

                        i take it im going to have to speak to a lawyer regarding the small claims court and how much compensation to go for i have no idea if a precedent has been set or is it on a case by case thing

                        Comment


                        • #13
                          I looked round a flat a few weeks ago that had a cracked window, which had apparently been like that for a year or so.

                          I really don't get it - a fiver for a bit of glass, a tub of putty and 20 minutes' work. Why does this sort of repair become such a big deal for a landlord?

                          By the same token, if the tenant is genuinely suffering so much, why not spend a few minutes fixing it, so that you can have a comfortable life, then get on the landlord's back about reimbursement?

                          Comment


                          • #14
                            [QUOTE=Harry]I looked round a flat a few weeks ago that had a cracked window, which had apparently been like that for a year or so.

                            I really don't get it - a fiver for a bit of glass, a tub of putty and 20 minutes' work. Why does this sort of repair become such a big deal for a landlord?

                            Harry: I see your point and that would be the realistic thing to do.But the law is the law.If it says the Landlord has to repair it he has too.
                            Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                            Comment


                            • #15
                              Another Update:
                              I called into the shop below my flat today and there where two letters for me well one addressed to the occupier saying we have been instructed by my landlord that he and a surveyor will be calling and will require access to my flat on fri 31st march. and if access is refused or prevented bt myself then i will be in breach of clause 3 (17) of my tenancy agreement

                              the other letter addressed to me is a s21
                              its dated the 28th march 06 but the order is for the 24th june 06 or the other date being two months from the service of the notice.

                              (which date is it) neither has been deleted as stated at the bottom of the form

                              So is this harrasment i meen he had a survey done near the end of feb then broke into my flat on the 7th march now want to do another survey on the 31st march.
                              so do i set up my cctv again deny him access and see if he breaks in again.
                              or write a letter to his solicitor stating he can have access after im gone in five months time unless he pays me x amount of compensation and ill surrender tenancy early

                              Comment

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