Warning to LL's who think they can enter a tenants home without their consent!

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    Warning to LL's who think they can enter a tenants home without their consent!

    I don't want to go on and on so I'll keep it short.

    Last August I faced some financial difficulties and after finding it difficult to keep up with my rent for a few months it was mutually agreed in February that I would look for alternative accommodation.

    Because of my circumstances I started getting help with my rent through housing benefits and I requested that this went straight to the LL, so from February he has been getting the rent and I made arrangements to pay back what was owing.

    At the time I posted my notice to the LL, he also gave me a section 21 notice (which I expected) which stated he required possession on the day I said I would leave by.

    Now, I know from doing reasearch that a section 21 notice can only be issued if the tennants deposit has been secured in a TDS which mine never had...please note I've also been in this property for nearly 3yrs!

    Last week the notice I posted to the LL was returned back to me by royal mail so at that point I took advice from Shelter, who deal with all tenancy laws. They confirmed that the section 21 notice is not valid and because the LL never received my notice, I was in fact still in contract. I was advised to give my notice again, posting to a different address which is what I did and I sent it recorded delivery and the LL acknowledged receipt yesterday. Because I started the notice from the first day of my next rent period, this put another month onto it meaning I wouldn't be leaving until the end of May, instead of April.

    I got an absolutely disgusting phonecall from my LL yesterday. I was out at the time and she turned up at my home and demanded that my son phone me so she could talk to me. My son did phone and passed the phone the LL who proceeded to shout abuse down the phone (in front of my son) stating that the section 21 notice was valid because in fact I didn't pay a deposit. My contract clearly states that I did pay a deposit, equal to a months rent and his attitude was 'he doesn't care whats on the contract'.

    I suppose he's saying this now to cover his back for not securing my deposit in a scheme, but how is this looked upon legally? as my contract does state I paid that money as a deposit and was told that I was 'paying a deposit' and not 2 months rent when I moved in.

    If it was in fact 2 months rent, I presume then that the last month of the tenancy would require no rent payment as it had already been paid? and if this was the case then how can the LL get out of that as he is still claiming my housing benefit?

    He is also insisting on turning up today (for the 3rd time in 5 days!!) and accessing the property to look round which he said he has a legal right to do?? I've told him that I've been advised I do not have to let him in and I'm not doing it to be awkward, I just don't feel the need. There are no emergency repairs needing done and the gas check was done in December and as seen as he wants me out in a few weeks, he can wait until I've gone.

    I know he's going to turn up yet again today even after I text him last night and told him I wasn't going to allow him entry.

    Its also a bank holiday, I have visitors staying over and because of the way he's being with me, I really don't want any kind of confrontation with him.

    He said he's sought legal advice and he's within his rights to enter...he needs to do a gas inspection apparently, which he seems to be forgetting was done only 3 months ago!

    Any advice would be most greatly appreciated as I'm worrying about this constantly.

    Just one more thing....when I took on the tenancy the LL's son showed me round and he was the one who signed my contract and its his name on it...though his parents seem to have taken over and become my new LL as its their house?? who do I actually answer to?? can I refuse to deal with them because of this reason??

    thanks in advance for any help x

    #2
    as he's coming again today

    You are entitled to refuse entry, and he/she has to get a court
    order to enter.
    Anyonewho is the landlords agent can ask forentry.

    BUT if you have not been informed who your new landlord is,
    no rent is payable till you have been officialy told.

    The landlord will probably persue a court order to get you out, so
    start looking for a new place.

    R.a.M.

    Comment


      #3
      I've already got a new place and will be out by the end of April, just as the LL has requested, he's just trying his hardest to cause me hassle. When he turns up in force with the wrong attitude its very threatening and uncomfortable, I'm a single parent and have nobody to back me up...the LL insists on doing all this in front of my children too, I just wanted to check that I was within my right to refuse entry.

      Comment


        #4
        The landlord has assigned his property over to you for the term of the
        conrtact , via Assured short term tenancy ( A.S.T. )

        I belongs to you for the length of the contract, and even after the
        contract. You can gut it, paint it pink, so long as you return property
        back to the state it was in on your first day.( + any landlord improvements )

        You may have difficulty getting your deposit back, because the landlord
        is angry, but provided there is no damage, it is legaly yours.

        Your landlord is bordering on harrassment, and can be fined if it
        continues.
        If he calls today, do not open the door, state that you deem his
        attitude as harrassment, and any further harrasment will see the
        police informed.
        If he kicks off again, have no hesitation in calling the police,
        and tell him so.

        R.a.M.

        Comment


          #5
          When you sent your initial notice, did you get any proof of posting? There should be an address in your contract for the service of documents - did you send it to there?

          Take RaM's advice regarding the landlord, but it may be wise to phone the police on their non-emergency number before the landlord turns up suggesting the landlord may cause a breach of the peace - ask for advice.

          Landlord does have a right to enter the property for certain purposes (see the sticky) but he has to be reasonable about it and as RaM says, if you refuse him access, he will have to get a court order to exercise his right.

          Your landlord is whomever is named as landlord on the tenancy agreement. The signature is not relevant because it doesn't even need to be in writing.

          Shelter are correct regarding the validity of the s21, and no matter what the landlord calls the extra payment, it has to be treated as a deposit http://nearlylegal.co.uk/blog/2009/0...eposit-honest/

          Comment


            #6
            I wonder if the landlord's son collected the deposit from you, but told mum & dad you never paid one.
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

            Comment


              #7
              "You can gut it, paint it pink, so long as you return property
              back to the state it was in on your first day.( + any landlord improvements )" - only with LLs prior written consent. Knocking down walls may also require prior planning permission. Currenty building Regs apply.

              I take it T is now SPT and not within fixed term?
              If, at start, OP paid 2 months rent as rent, then no further rent was due for 2 months; or it should have been stated that 2nd month rent was allocated as final month rent. In either case, no deposit was taken and s21 valid IMO. If 2nd month rent not reserved for 2nd or final month rent, then it is classed as a deposit and should have been protected.(s21 invalid).
              OP pres has some record of payments made, hopefully a receipt for cash payments?
              If LL insists s21 is valid (SPT dates etc) and T vacates by expiry, then LL anger may be defused. If he fails to return deposit, less agreed T damages etc, then OP can sue for return, puttng onus back on LL in Court.

              Comment


                #8
                Just to clarify, at no point was I asked to pay 2 months rent...I was asked to pay a 'deposit' and then a months rent in advance, which is exactly what is stated on the contact. The LL is using that excuse to get out of not securing it in a TDS!

                As expected, he turned up today...I opened the door and he barged his way in! After telling him that I had sought advice and that he had no rights to enter without my permission, he continued to shout abuse at me, pushed me around and threatened to 'deck me' my children witnessed all of this and were in tears, his language was disgraceful and he basically said he 'wasn't bothered what his rights was, as he owned the property and he could enter when he wanted without my permission!!'

                My 12yr old son ended up calling the police, after the LL pushed past me with his arm against my throat.....when they did come out and spoke to us both separately, he ended up leaving with his tail between his legs.

                Why do people have to be like this?? I'm a reasonable person and would never hurt a fly or cause any unnecessary hassle. I've been in a mess all afternoon since he left and daren't go out leaving my kids at home in case he returns!!

                Comment


                  #9
                  I am so sorry to hear that, did the officer ask you if you wanted to make a complaint?
                  Have a talk with the tenancy relations officer at your local council (housing dept) and tell them that you are being harassed (an offence under the 2004 Housing Act) and that you fear they the landlord is trying to evict you illegally.

                  A few educational FYIs for you:
                  http://www.landlordlawblog.co.uk/201...its-still-his/
                  http://www.thisisnottingham.co.uk/No...ail/story.html
                  http://nearlylegal.co.uk/blog/2010/0...nd-the-police/

                  Comment


                    #10
                    Let's hope your landlord isn't the same one as the landlord of a former poster on here called kitty kat. I'm sure everyone who remembers kitty kat knows what I am talking about.
                    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                    Comment


                      #11
                      that sounds interesting, who's kitty kat and what did she go through?

                      I wasn't asked if I wanted to file a complaint, but after being up all night with worry in case he returned and after my children have shown signs of obvious distress all night and this morning, I went to the police station today and said I wanted to make an offical complaint and have him dragged in with either a Section 4A or Section5 Public Order Offence. I was told the matter was a civil matter and not a criminal one??? correct me if I'm wrong but isn't 'intentional harassment, alarm or distress' a criminal offence? this is exactly what he displayed when he turned up for the 3rd time in five days, shouting and swearing at me, physically pushing me and threatening to deck me...as well as shouting 'out loud' to the neighbours that I was there unlawfully and it was his house!!

                      I am actually petrified in case he returns, going on his behaviour yesterday I wonder what else he is capable of?

                      Comment


                        #12
                        I would say the 3rd link I provided would answer that

                        Section 2 of the Protection from Harassment Act 1997 reads:

                        (1)A person who pursues a course of conduct in breach of section 1 is guilty of an offence.
                        (2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

                        Comment


                          #13
                          Warning to LL's who think they can enter a tenants home without their consent!

                          I am only speaking from my recent personal experience and those that read my post will know the full details.

                          Basically I had given my LL notice to leave. As adviced by Shelter who deal with tenancy laws (was passed on to them by CAB) I clearly stated to my LL that I did not give permission for him to enter the house. I felt as though I had been harassed by him and there were other issues regarding a dispute about my deposit. Shelter also made me aware that it simply did not matter what it stated on my tenancy agreement with regards to access, as the AST rules over-ride any agreements or contract.

                          He turned up at the door and 'forced' his way in, pushing me out of the way and threatening me.

                          At the time the Police Officer only got his side of the story and I made an official complaint because of his behaviour and my side was finally heard.

                          I have been told that it was a criminal offence for him to step into the property without my consent and the fact he threatened and pushed me around only made that worse.

                          He is now being questioned and will possibly be charged with 3 offences including assault.

                          Some tenants refuse access, not to be awkward, but because having people walking round their home amongst their personal belongings, children etc is looked upon as invasion of privacy. As a number of posts have clearly stated, a tenant has the right to 'quiet enjoyment without harassment' whilst living in their home.

                          My advice would be that if the tenant refuses access just leave it be and deal with any repairs, inspections etc once they've gone or you could find yourself facing criminal proceedings just like my LL did!

                          Comment


                            #14
                            I'm glad the police are taking your complaint seriously. Users of the forum are quite well advised of their tenants rights via the 'sticky thread' at the top of the forum.

                            Comment


                              #15
                              It took some fighting Snorkerz to get my view across as the police admitted it is a grey area for them with it being a civil matter, but they also admitted that the line was crossed and became criminal when he forced his way in. Nobody should be allowed to treat people like that, whether they're living in their house or not.

                              Comment

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