New Tenant. Access Problems with Landlord

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    New Tenant. Access Problems with Landlord

    Problems with UK landlord... knowledge of tenant/LL law and advice please.

    Our landlord is currently demanding 24/7 unlimited access to the garage which is located in our back garden via our driveway.

    At the initial viewing, the Agent did not mention that the LL required access to the garage. He simply said the Landlord was storing some things in there at the moment as he was still moving some things out of the house. He did not go into detail about what was being stored however the implication was that it was things from the house. Due to this we could not use the double garage for our cars initially if we were to move in. However he said as the house has a driveway long enough for both of our vehicles, we still would immediately benefit from off road parking. For both car insurance purposes this was one of our requirements.

    The 5 bed house has a high rent and boasts seclusion and privacy. It's located on a quiet, private gated estate. Privacy and quietness was top of our list when looking for our new home.

    Having been in our new home 3 weeks, the LL arrived with his 2 children, unannounced bodily walking down the driveway through to the back of our house. He informed us that he would access our property as he desired in order to have 24/7 access the garage and drive & maintain his 2 super cars whenever he wanted. The garage is located in our back garden directly next to our secluded lawn/patio area and only accessible via our driveway both of which was listed on the listing and which we are responsible for.

    We explained to him that we were not aware of this requirement and that we certainly are not in agreement with this. From my knowledge, once a contract has been signed you cannot change the details of the contract by adding new clauses verbally or otherwise. We reminded him that the contract states that even for him or someone acting on his behalf to access our property to inspect or repair there has to be a minimum 24 hours written notice agreed by us.

    To cut a long story short the Landlord said he told the agent of his requirements. This was not relayed to us and neither is it in the agreement that we all signed. If indeed the LL made his intentions known to the Agent, it is apparent that the agent listed the property incorrectly, misrepresented the LL by not explaining his requirements correctly to us upon our viewing the property and failed to define the garage with access requirements within our tenancy agreement signed by all parties. As such we have been informed we have grounds to pursue a case against the Agency and also that the LL should take this up with the agency and not with us. We are a professional couple and are not in breach of our tenancy agreement and therefore the LL can not apply to evict us through the courts. Reasons for eviction are clearly outlined in the tenant agreement. It is an Assured Shorthold Tenancy for 12 months and is not managed by the agency;they were only responsible for finding tenants, our relationship is direct with the LL.

    The LL is now stating that he will continue to access our property to use the garage/cars 24/7 and the most he will do is send a text notification 24 hours ahead of time Monday-Thursday and Friday - Monday it will be 30 minutes notice via text, demanding the driveway remain clear of our cars Friday - Monday.

    To clarify he is NOT requesting or trying to arrange a convenient time with us, these texts are to INFORM us that he will be there whether we agree or not and that he expects our driveway clear.

    This is not only unreasonable but ultimately he is in breach of the tenancy agreement which he signed stating; The Landlord shall permit the Tenant to have quiet enjoyment of the Property without interruption by the Landlord.

    Having super cars revved up day or night in our back garden and dictating when we can use our drive and have solitude in our garden is hardly quiet enjoyment without interruption!

    We have been advised by CAB to address the situation with him again clearly outlining that access to our property for his usage is not detailed in the contract and neither is storage for super cars that are continuously connected to the electricity mains being charged. We the tenants are responsible for all utility bills including the electricity used in the garage, and the council tax is for the whole property which the garage sits on including driveway and garden. If indeed the garage & driveway was not a part of our tenancy then this should have been clearly defined in the listing and contract as this also raises council tax issues with the LL being responsible for contribution.

    We do not mind him using the garage to store his 'things' until he can source another storage unit however if he desires to maintain them on our property and needs 24/7 access in order to drive his cars he should arrange a convenient time with us to collect and relocate them. We do not wish to be in a position of harassment or trespassing by the LL and believe that his issue is with the Agent and that he should seek to claim compensation from the agent for misrepresenting him if that truly is the case.

    Please advise on what should be our next communication with him.

    Thank you.

    #2
    Eviction advice please

    Hi can a landlord apply to evict prior to tenancy ending without justification?
    Last edited by Jess717; 03-07-2017, 10:43 AM. Reason: New question

    Comment


      #3
      The landlord can't serve notice to expire before the end of a fixed term unless there's a break clause in the tenancy agreement.
      They can serve notice within the fixed term (subject to some criteria about dates, deposit admin and some documentation that has to be supplied in advance) to expire outside the fixed term.

      If the notice is notice under section 21 of the housing act 1988, no reason is needed.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Yes eg s8 if Ast allows, ASBO grounds.
        What has been served, reasons?

        Comment


          #5
          Not without justification:. Feudal brutality has been abolished (mainly), most recently in 2001 I think in Scotland
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by mariner View Post
            Yes eg s8 if Ast allows, ASBO grounds.
            That doesn't really qualify under "without justification". ;-)
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              He has threatened to evict due to me refusing his unreasonable access to his storage unit in my garden. He believes he can access my property as he chooses without my permission. I do not enjoy waking up to find him in my back garden or when I'm sunbathing and suddenly he is there without previous agreed arrangement. I understood the storage unit was excluded from the let however the agent made no mention of the required 24:7access otherwise I would not have signed a contract which also makes no mention of this. I'm certain that unlimited access to enter onto my property is against the law. I did not expect to be sharing my living space with him. He hasn't come to inspect the house or repairs. He simply is letting his presence known as he chooses. Storage does not mean access! I could understand if he was arranging a time to remove them or if he wanted to check on them even once a month but not a constant sometimes daily but certainly weekly interruption of my privacy for his own entertainment. Isn't this trespassing or harassment? Even if it was written into the contract which it isn't, doesn't the law override unreasonable clauses? I read the protection from eviction act 1977 which states: The landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—
              (a) he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or b) he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,
              and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.
              I have never been late with my rent .. I set up a standing order the day I moved in and have never breached any aspect of my tenancy. Advice please.

              Comment


                #8
                Jess717 and Newlandlord9 both banned

                http://www.landlordzone.co.uk/forums...ccess-problems
                http://www.landlordzone.co.uk/forums...-with-Landlord
                I also post as Mars_Mug when not moderating

                Comment


                  #9
                  If indeed the garage & driveway was not a part of our tenancy then this should have been clearly defined in the listing and contract as this also raises council tax issues with the LL being responsible for contribution.
                  Not specifically - the council tax charge would not not be apportioned.

                  It would have opened the issue of council tax liability if the garage was specifically excluded from the tenancy agreement (i.e. you were then not renting the entirety of the property). If you were only renting part of the property (i.e. the house less the garage) then Goremsandu v Harrow would come in to it at that point and the landlord may fall liable for the entire council tax charge.

                  If the garage is not excluded then the council tax charge remains in your name and there is no facility within council tax legislation for apportioning charges. You would need to pursue the landlord yourself if you feel he should make a contribution.

                  Craig
                  Previously served 10 years as a council tax advisor with a local authority but now self-employed with my own council tax consultancy.

                  If your local authority disagrees with any aspects of your council tax claim, as they are free to do so, a Valuation Tribunal appeal may be required.

                  Comment

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