Landlord entering the property

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    Landlord entering the property

    Hi

    I am leaving my rented house on 18/02,the last day of the 6 months contract.
    Today the landlord suprised me with opening the house with their keys,and trying to come in,claiming they send an email on Monday.
    I have reffused to let them in,and they tried to force me and actualy walked to the hall,claiming they are allowed.Is this correct?
    My contract is ending next week,and I let them know I will be moving 4 weeks in advance.

    Thank you for any help.

    #2
    No he cannot enter without your permission even if he provides notice. This was recently debated at length and full information is contained here and should answer your query.

    http://www.landlordzone.co.uk/forums...ead.php?t=4962

    Comment


      #3
      YOu need to tell your LL if he tries to do that again you will call the police and have him arrested for trespass! he has NO legal right to enter your property except in an emergancy. Do a search on quiet enjoyment and you will find out where you stand!
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

      Comment


        #4
        Thank you for the replies , I will have a look at the linked thread later ,I am too distressed at the moment,as I suffer from phobias related to an incident in the past,and I never open to door to anyone (the landlord is aware of my medical problems,and the fact,they aggravated it today)
        When I refused to let them come inside,they told me they have a right,and that calling the police will not help me,they were in my porch for about 20 minutes,shouting at me and threatening me,and kept trying to force me to let them in.

        This is an email they sent me.(As they kept harassing me,I blocked their emails,and asked them to only contact me via post,not phone or email.
        I only found the email in the junk,after they told me about it this morning.
        I am thinking to report them to their IPS provider,for sending me emails,despite my requests not to contact me any more via email .)


        It was most unfortunate that you did not answer the door to our agent on Thu 1st Feb. I am giving you 48 hours notice that I will be coming to the property on Wed 7th Feb at 11am to let myself in with my keys. I have legal rights to do this under term 23 Rights of access.

        Are they allowed to send an agent without my permission ? I had no idea an agent was trying to visit,and I would had no allowed it anyway.
        Thank you for your help.

        Comment


          #5
          To reiterate what has been said above, neither your landlord, his agent or anybody else under the landlord's direction has any right to enter the property except in an emergency without your permission. This is harassment and you should inform the police now of the threat so that they can anticipate another call from you should the landlord repeat his attempt. Changing the locks is also a good idea, though you will need to have them changed back when you finally leave the proeprty.

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

          Comment


            #6
            Hi there,

            I'm sorry to hear about your problems, both current and past.

            The bottom line here is that your landlord broke the law by forcing entry, and you should really be speaking to the police about this, as not only does it go against the tenancy agreement, it's also illegal.


            Regards,

            Chris

            Comment


              #7
              I'm sorry you've had to experience this.

              Sadly, I recently discovered that there is a real lack of knowledge amongst Agencies and Landlord's on a tenant's rights.

              And Agencies tend to see themselves as "not in the loop" so don't advise the landlord they are breaching the law. They tend to go along with landlord demands.

              Have experienced that only when you state and refuse outright - do they back down.

              But, you're in a rotten situation with such a short period to go before leaving.

              However, even at this late stage my understanding is that you could - if you really wanted the hassle - given you are soon to leave - change the locks and contact the police.

              Neither the landlord nor agency have the right to enter the property without proper notice - and if you have request it in writing, they should abide by that.

              But my experience has been - they turn up when they choose and landlords with keys just enter anyways irrespective of notice.

              Best was a woman who owned the property I had just moved into - discovered that she had put all her stuff into the storage cupboard - I thought was mine - and she turned up on the day I moved in with a lock and just unannounced - put the lock on and said I had no rights to the storage area.

              She then walked out. I was dumb-found and very naive about law - until two weeks later she turned up at 7am!!! letting herself into the property to get something out of the storage area. I met her with a frying pan as I thought I was being broken into! When I said she had no rights - she demanded I made her breakfast - toast and coffee - and that she would not be leaving as it was her property and she still had rights - because she was the owner.

              I had a big dispute with the agency who despite agreeing she had no rights - refused to take action.

              When you rent - you have to take on the landlord no matter what - you may pay as I have done £300+ thinking the agent acts on your behalf but they don't.

              Contact Shelter - and e-mail on line if you can't get through by phone. They seem very sound but also will follow through your case to court. CAB is difficult to get an appointment in the time span often allowed (it's taken me 3 weeks to get an appointment).

              You are only days from moving out ... and I feel for you .. they've screwed you - and know that they can.

              I would write a strong letter to the agency - but my experience is - they just don't read it until you have solicitors' backing or can quote CAB or Shelter.

              This is why I don't take out 6 month agreements - I won't move in unless I can do 1 year - but I'm in a mess per other posts to this site - so even then it all goes wrong.

              Big hug - it's not a nice feeling that at any moment - you'll be faced with someone harrassing you in what you regard as your home and giving you abuse when you've done nothing other than keep their mortgage going and been a quiet tenant!

              Comment


                #8
                Sobriquet I fully appreciate how you are feeling. It is probably worse than having your house burgled because you are having to confront the person invading the privacy and security of your home.

                For the landlord or his agent to force entry in this way is illegal and in my view an abuse of the tenant's human rights.

                I am convinced that non of the landlords who regularly contribute to this forum would treat a tenant in such a way.

                It's not just because such harassment is illegal but it is an issue of respect. Respect for one's tenant as a person .

                Are there any witnesses to what happened? Maybe try and borrow an office dictating machine to record any future abuse should you be alone.

                If you have witnesses get some legal advice and take these devils to the cleaners.
                Vic - wicked landlord
                Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                Comment


                  #9
                  Thank you for your support and comforting messages .I have been suffering from severe depression / phobias ,and in the past 2 years I have not been able to go out ,talk in person to any strangers ,so I simply was unable to call the police in the panic I will have to face them .I called my separated husband ,who saw them opening and entering the property ,but is reluctant to get involved .He parked outside and waited for them to leave ,then came in and helped me ,as I suffered a very bad panic attack.
                  I never rented a property before ,and took out 6 months contract ,because this was not my first choice ,there were problems from the start.
                  I had everything arranged to move to a different ,much nicer and cheaper place ,but 2 days before moving ,the house was withdrawn ,and the estate agent offered me this one , immediately available .I simply had no choice ,despite the fact the property was more expensive ,without central heating ,and quite outdated.
                  I was promised that the property will be inspected ,cleaned ,cleared ,and all the problems fixed within 2 weeks of me moving in .As I have problems with strangers ,I arranged for me and my little girl to stay with a close friend for the first two weeks ,moved all my stuff to conservatory ,and emailed the estate agent that the property will be empty for the first two weeks ,so the works can be done .I called and emailed several times ,but had trouble getting to talk to the agent ,when I got to talk to him ,he assured me all will be done.
                  2 weeks later I moved in-and found the place filthy ,smelling of dog and urine,
                  with black mould on the window frames ,grout ,bathroom ceiling ,everything was dirty ,sticky ,the kitchen and all the wooden frames and fittings covered in sticky kitchen type grease mixed with dust ,loft full of junk ,broken furniture left behind ,garden had broken fences ,and old glasshouse with dangerous materials left behind ,front garden turned into a rubbish tip.
                  I decided to just do what I can ,emailed the estate agent the detailed description ,and I suggested that the landlord will pay for carpet wax machine hire ,and 50 % of the cots of cleaning materials and paint ,with me paying the other 50% and doing all the work.
                  I also requested the rubbish to be removed from the front ,garden ,and loft ,and broken wall plugs-some with open wires ,fixed by the landlord asap.
                  I also asked that the work is done in late afternoon ,or weekends ,when a friend
                  can be in the house ,as I can not deal with he workmen.
                  The reply was that I have to allow the workmen come in the day ,and all will be fixed and paid for by the landlord .I was also harassed several times by their agent ,to visit me,
                  Telling me she is nice and only want to be my friend .She totally ignored my pleas to understand ,that my condition caused me panic attacks ,with my heart rate increasing dangerously ,difficulty breathing ,followed by weeks of deep depression ,just to think of having to face a stranger paralyses me for days .She ignored all I was explaining, and kept telling me she is very nice and friendly, driving me almost insane, so I decided to not
                  Allow her to call me any more, and only talk to my friend in emergencies.
                  She accused me of being difficult and rude .At that point ,I was devastated that my new home is going to be such a bad experience for me ,and my recovery was compromised.
                  To allow for the works
                  my friend arranged time off work-3 days, they came late the first day ,looked around,and after that we only heard excuses ,about broken van, stuck in traffic ,more traffic,etc.At that point it was clear that the landlord will not do any work.
                  I have requested from the start,as the property is outdated,safety certificates for fire,gas,health and electical installations safety,and manuals to appliances,never received any.
                  As an architect,I am aware of the fact,that the property is a fire hazard,with open electrical installations in the loft-with junk surrounding it,no fussed switches for any appliances, no rcd socket for shower and water heater,fire alarms not working,very old gas heater,and gas fire,no doors in the kitchen,etc..to add to it ,several surface mounted wall plugs literally hanging by the wires.
                  I worried all the time my daughter may get injured,or fire may start,but my pleas for the problems to be fixed were not answered.
                  Another issue was an alarm,I had no instructions,and all I wanted to turn it off,but I was told there is no alarm at the property.At one point,I slipped on a shoe in the hall,and accidentally set the alarm off,just to be told I had done it on purpose,and pay for it to be disconnected, or get out of the property.
                  Luckily,my friend guessed the code,and turned it off,but the alarm sets off every time there is a black out, stressing me and scaring my daughter several times.
                  Another problem I had was with hot water,this was set on very high temperature,and I had no means to change it,fearing my daughter will get scolded .To my shock,several weeks ago,after the last electricity black out lasting 4 hours,the hot water heater stopped working ,and I only had warm water from the shower since.
                  Every single email of mine,asking for the safety certificates,or repairs was ignored,but I was showered with threatning emails,about the method of payment .
                  I had a contract from the estate agent ,stating, the payment has to be received on the given date,and I was given the name of the company to address the cheque to.I kept sending the cheques by recorded delivery,all arrived on the date required,but I was harassed to write the cheques in personal names,and post them 7 days in advance.
                  Another problem was with the deposit,as the landlord decided to not proceed with the estate agent managing the property,I was told they do not have my deposit,as the estate agent did not forward it to them,and they will not guarantee I will get it back.I refused to pay my last month rent,as I simply can not afford to lose £800,and the estate agent was supposed to be managing the property,he issued the contract to me,signed by the landlord.

                  I wish I could sue them,as I have been harassed ,the property was not safe and clean ,I received no certificates required by law,and I had no use of the gardens and loft.I was thinking to report them to thei IPS,as they kept sending me emails,after I asked them several times to no contact me via email any more.But I am not well,and I have no family,only my estranged husband,and one close friend,who both helped me already so much,I simply can not ask for any more help.

                  I am thinking to contact the local council,and have the property inspected next week,as I am moving out this weekend,and the property will be empty the whole week,jsut to make sure they will not be able to rent it ,till all the health and safety issues are addressed, but I am not sure if the inspector will come on such a short notice.

                  Sorry for writing so much,and in such a confused manner ,but I really don't know where to turn for advice or help,and have no money to contact a solicitor.I am scared I will cause myself more problems,and I simply can not deal with any more stress.
                  Thank you again,for hearing me out,and all the comfort and advice.

                  Comment


                    #10
                    Have you contacted CAB (free)?
                    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


                      #11
                      No,I can not possibly go out to a meeting.

                      Comment


                        #12
                        your local law centre may be able to help, they can offer you free advice over the phone. keep a diary of all developements. Also the health and saftety executive wold want to know about the lack of safety certificates for the gas. Even if the appliances don't work, the LL is still obliged to have them checked every year. It sounds like you have a pretty strong case to me, but as you are being bullied you need legal representation asap.

                        Comment


                          #13
                          Thank you, reading your encouragement,
                          I have decided to write to the local police station, and report the forced entry yesterday, also include the copy of the email threatening to do so ,stating my ex husband as a witness.
                          I am also contacting my GP,to confirm that I have been exposed to stress, aggravating my medical problems.
                          I will print all the emails from the start, and make copies of the contract, plus the statement of my friend, and post it to Shelter.
                          I will also contact the local gov.inspector describing the situation, and suspected heath/safety problems.

                          I don't think I would be able to make any calls in the next few days ,as I can not stop crying ,and don't make much sense ,I feel humiliated and embarrassed ,but the fact I may be able to do something is sort of empowering ,thank you for assurance about my rights.

                          Comment


                            #14
                            I had a meeting with my lcoal trading standards office yesterday who were very helpful.

                            If you don't know this there is a site www.consumerdirect.gov.uk and a telephone 0845 4 04 05 06 who can point you in the right direction.

                            I was also told that any tenant or landlord who has a terms of business or tenancy agreement that contains potential unfair terms will be referred by consumer direct to the local TSO who will take up the case on the complainant's behalf.
                            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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