Could someone check a letter for me please

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    #16
    thank you, I have started a diary so that I can remember what was said word for word. It is almost like being in a prison at the moment and none of us dare go out of the house in case he starts again, he had started shouting at my daughter last night when she went to retrieve a horse rug from where the horses had been kept, saying that it was too late to move it as he had already photographed it, she had only gone to get it because it was very expensive, almost new and she was worried he would damage it. I really hope it doesn't get to criminal action but I think the civil is inevitable.

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      #17
      Could someone check a letter for me please

      before I send it to LL regarding him wanting access, just to make sure I haven't said anything I shouldn't! Many thanks in anticipation.

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        #18
        thank you, have done that, I cant reply by pm as I don't have enough posts to pm. Many thanks

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          #19
          I have read your letter but think the reply would be useful to others. Would you mind giving a brief synopsis of your problems as a kind of introduction to my reply

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            #20
            Will do, many thanks. Complete background is on my very first post/thread and since then relationships have completely broken down and LL is making our lives very uncomfortable.

            LL has requested access with a scrawled undated note stuck in postbox and no details of why/when access required other than 'maintenance' In our last dealings face to face LL was aggressive and threatening and I am terrified of him, he has never done any repairs we have asked of him and I do not want him doing them now, would prefer to just live with them but have offered access to qualified tradesmen if it is an emergency. I have basically refused him access at all but asked him to do some external repairs that do not involve him coming into the private garden or the house regarding gates not working and the foot access being left in a dangerous state of repair following him doing works on the drive..

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              #21
              So long as you have 24 hours written notice, the landlord can have access to view the condition of the place (section 11, 1985 Landlord & Tenant Act) or if he is actually conducting repairs then he needs give no notice (section 16, 1988 Housing Act). There is a very long sticky thread entitled 'a landlords right of access' and it would be useful for you to read it - but you will need a gallon of coffee by your side.

              Now you CAN refuse the landlord access, but he can go to the court and get a court order to make you give him access - and YOU will end up paying the court fees.

              I would suggest you don't send anything until you have telephoned the housing department at the local council. They will have someone (possibly 'tenancy relations officer') whos job it is to look after private tenants. Take their advice and they may be able to liaise between you and your landlord.

              If you are intending a disrepair claim against the landlord you should be aware that a claim of over £1000 will not be allocated to the small claims track, so it could prove both expensive and complex. Also, to stand the best chance of success you must have followed the "housing disrepair pre action protocol" (google it)

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                #22
                Thank, I have already been in contact with the council and need to make an appointment to go and see them, it was difficult this week as OH is in the middle of haymaking and I am stuck unable to drive with broken ankle. Just out of interest if he went to get an order for access would we be given input into that, as to why we were not allowing it. I will google that thanks although the housing officer has advised to ring the environmental health to get them involved on those issues.

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                  #23
                  The EHO will know what you need to do to comply with HDPAP.

                  You would be allowed to defend yourself if the landlord brought an access claim against you, however as statute is quite clear I am not sure what would make a valid defence.

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                    #24
                    Thanks, I suspect he will turn up at 7am tomorrow, I am seriously terrified of him, he was just so aggressive last time we spoke. I had to spend a night on my own with the children and couldn't sleep worrying he would harm us and have been alone through the day all week and I sit here with doors and windows locked, when he came and took the hosepipe the other day I was just stood there shaking because I thought he was going to come in the house. Was there anything in that letter that I shouldn't be saying because I really don't think I dare let him in but I also don't want him to keep knocking at the door all day.

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                      #25
                      As I said, providing you understand the potential consequences, you can refuse him access. If he tries to force access then that is a police matter - 999 in fact. Since you ask the question, I can see nothing in your letter that would cause a 'legal' problem but IANAL.

                      I am not totally clear of the living arrangements between you and landlord. Am I right in assuming you live in main house (123 High Street) and landlord lives in the garage that notionally belongs to that property? And you and landlord share access to the street?

                      If that is right, can you tell me if your tenancy agreement is for:
                      a) 123 High Street
                      b) 123 High Street excluding garage
                      c) 123 High St, excluding garage and . . .

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                        #26
                        The tenancy is for 123 high street and makes no mention of garage, he has access over drive to his conversion but this was told to us verbally by agent, there is nothing on the agreement about it. The planning given to convert also had the condition that the conversion had to be incidental to the main house and never a separate residence, it also makes no mention of him running his business from it (something we were not told about and only done since the problems started with him) and that his clients would be accessing all day long from 7 in the morning til 7 at night and parking on the driveway, along with the almost resident builders. There really is so much going on it is beyond belief to quote our solicitor.

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                          #27
                          Well then do you fancy a little fun?

                          You have been granted a tenancy of 123 High Street. All of 123 High Street. That almost certainly includes the garage, though you could check that at the land-registry site for £4.

                          So you are his landlord. He has not paid you any rent for the use of the garage and no rent has been agreed, therefore he has no tenancy rights.

                          Anyone passing over your land (your landlord, his visitors etc) are trespassing.

                          Not sure you can do much with the above but (presuming he agrees with my interpretation) your solicitor may feel a letter would be appropriate just to see how high you can get LLs blood pressure.

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                            #28
                            LOL, thank you, that is the first smile I have managed in a while! It had sort of crossed my mind, certainly when I saw the condition on the planning, will mention it to solicitor and see if he wants to play! When we add in the instruction from the electricity supplier to call the police in to disconnect his illegal connection to our power supply, and the 2.5k bill he will be getting from them for the debt he left on the meter for us to repay for him without telling us, whilst also paying for his electricity supply to run his salon and his 'home' it will possibly make him think twice before trying to rip off decent people in the future. I cannot believe we are in this situation to be honest, we must be so gullible!

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                              #29
                              Two related threads have been merged.
                              I also post as Mars_Mug when not moderating

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