Landlord is named wrongly on Court Claim Papers

[Herilsamika]

Thanks for the link Rebel11.

 

The point being that I was away for the hols and could not have responded whether they slipped it under the door, left it on the kitchen table or taped it to the window! They should not have entered without waiting for my consent. I find it a gross intrusion of privacy and frankly, quite disgusting to know that he has been in my home without my knowledge or consent.

[rebel11]

I'm saying there was no need for him/her to enter the property regardless of whether you were there or not to respond to the letter.

 

When and if you want to convey your thoughts to the landlord, write a letter send it Recorded Delivery.

 

Thanks for the link Rebel11.

 

The point being that I was away for the hols and could not have responded whether they slipped it under the door, left it on the kitchen table or taped it to the window! They should not have entered without waiting for my consent. I find it a gross intrusion of privacy and frankly, quite disgusting to know that he has been in my home without my knowledge or consent.

[ashmk]

Change the locks, keep the landlords locks and put them back on when you leave.

 

Your LL may have a wobbly about it but in reality it's tuff and there is little they can do about it.

[ericsbrother]

Is there a timetable for inspections or something in the agreement about inspecting at a time near to the end of the tenancy agreement? Is the landlord selling the property? Both of these will kick in a right for the landlord to enter the property. It may also be that when he got no response the LL was concerned about your whereabouts or wellbeing.

Best speak to him about why he entered so it doesnt happen again other than by arrangement.

[Herilsamika]

Thanks Rebel11 - I will certainly send off a harsh missive first thing tomorrow morning to make my feelings clear on this matter.

[Herilsamika]

Is there a timetable for inspections or something in the agreement about inspecting at a time near to the end of the tenancy agreement? Is the landlord selling the property? Both of these will kick in a right for the landlord to enter the property. It may also be that when he got no response the LL was concerned about your whereabouts or wellbeing.

Best speak to him about why he entered so it doesnt happen again other than by arrangement.

 

Hi there - no timetable for inspections in the tenancy agreement and we are not at an end or near to the end of the tenancy. He isn't selling the property either. This entry is purely the landlord being stink and awful about the fact that he has stolen my overpayments (see my other thread!). He is now trying to make my life hell!!

[Keyzer Soze]

Thanks Rebel11 - I will certainly send off a harsh missive first thing tomorrow morning to make my feelings clear on this matter.

 

You have a right to peaceful enjoyment of your home. For the landlord to come in without your expressed permission, he needs a court order.

[rebel11]

Let us know what he says and does.

[renegadeimp]

Makes you wonder if he's come before, and how many other tenants he has done/is doing this to.

[Herilsamika]

Thanks Rebel11 - I certainly will do! I'm so incensed that someone would actually think it is acceptable to do an inspection on Easter Sunday!!!

[Herilsamika]

Makes you wonder if he's come before, and how many other tenants he has done/is doing this to.

 

Exactly! He is a professional landlord too with a large portfolio of flats.

He knows I'm often not at home as I do travel for my job, so he may have been entering all along.

Only now that things are bad between us, he wants to cover his tracks by leaving a written notice on the kitchen table!

[lilyx0xmunster]

speak to your local housing office at the council who have a legal team in place exactly for this i went through it a few years back i came home from shopping and found him rooting through my cupboards.. I rang the police who escorted hi from the building saying he must write and confirm a time and date at my convenience. Council then sent him a formal letter telling him he cannot enter properties whenever he feels like as it is a privacy issue and unlawful trespass.

please just call them and get their advice its completely free.

[lilyx0xmunster]

The office of fair trading document oft356 reads as follows:

3.32 We would object to a provision giving the landlord an excessive right to enter the rented property. Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants ‘exclusive possession’ and ‘quiet enjoyment’ of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant’s consent, except for good reason.

[ericsbrother]

Change the locks and put the old ones back when your tenancy ends. If he complains it indicates he has been back again so harassing you. You could always say it is to keep your insurers happy and then he would have little to moan about as it wouldnt be obvious that you are upset.

[Herilsamika]

Change the locks, keep the landlords locks and put them back on when you leave.

 

Your LL may have a wobbly about it but in reality it's tuff and there is little they can do about it.

 

Thanks ashmk and ericsbrother!

 

I've had to do this!

The landlord refused to give assurances that he would not enter without permission.

That tells me he is up to no good!

I've also deducted the cost of changing the locks from the rent and told him to sue me if he doesn't like it, but as far as I am concerned, his entering my place of residence has caused me to feel unsafe and I've had to secure the premises.

And if he sues, he can explain to the judge why he thinks it okay to enter this flat without consent.

[mariner51]

"I've also deducted the cost of changing the locks from the rent"

 

The implied advice was to change the locks (at own expense) and replace the LL locks at end of T - perfectly acceptable.

By deducting cost of new locks from rent, without prior notification I presume, your rent will be persistently in arrears or LL could claim ownership of new locks as you have forfeited title to them.

A barrel lock could have changed for £30 or less.

Expect a s21 soon.

[Herilsamika]

Hi Mariner,

My thread relates to the landlord who is holding onto thousands of my money as he has been overpaid from my allowances.

This is the landlord who has not protected my deposit.

This is the landlord who does not fix anything but is happy for my company to pick up the bill for repairs.

I can NEVER be in rental arrears.

I have no fear of an S21 as it is already my intention to depart on the last day of this fixed tenancy.

[metalrat]

I am a landlord, your landlord has no right to enter the property unless it is an emergency and even then what constitutes an emergency is open to debate.

 

He may request to do an inspection to check everything is ok, I do this by letter and confirm by telephoning the tenant to arrange a suitable day/time, i also work so we have to agree on a mutual time.

 

Regarding changing the locks, it should not really be necessary if your landlord respects your privacy and rights

 

I always keep a spare set of keys for each property for a said emergency for example if a neighbour said water was coming under the door from the inside I would class this as an emergency

 

It is good practice to let your landlord be aware if you went away for a week or so too, or let your neighbour have your landlords details if an emergency arises

 

Remember it is in your landlords best interest to have a happy tenant

[raydetinu]

Don't do that, problems ahead.

You have the right to change the locks and tell him you are doing it and why.

[Herilsamika]

Hi Caggers!

Me again! Ok, so my saga continues with my rental situation and now I have the court papers from PCOL.

 

I find it odd that the person named on the court forms is not my actual landlord as named in my AST.

 

The last name is the same and after some googling tonight, it appears that the person named on the court claim is a relative of the landlady.

 

Is this even legal? Can a relative sue me for possession if they are not the named landlord?

[dx100uk]

three threads merged for history

 

please keep to one thread per issue

 

else previous help is repeated and is wasted time for those that have helped already

 

dx

[Herilsamika]

Just an update for anyone who is still interested in following my saga!

 

Today was D-day for court as my landlord served a Section 8 under the usual grounds for the rent.

 

The case was adjourned as the judge had not received my defense.

 

I have been given seven days to resubmit my defense and then the landlord has a further fourteen days for replying to my defense.

 

What surprised me most though was that the duty solicitor in the court asked me for the deposit certificate!

 

When I told him that my deposit was not protected, he practically started dancing and said he would request the judge offset the arrears by using the amount of the award for non-protection. Obviously that wasn't a strategy for me as I do not have any arrears.

 

It seems as if now non-protection of deposit can be used to defend a Section 8 hearing!?

 

Any experience of this anyone?

[Herilsamika]

UPDATE: I went to court and the PCOL case was dismissed by the judge as the LL was not named as the claimant. The judge told the claimant that if they want to sue for any money, then they should file a small claims case.

[Steve__M]

Sounds like good news. Either they have been incompetent or they are, for some reason, trying to disguise the real ownership scenario.

 

Presumably if they do put in a money claim, you will be able to include non-protection of deposit in your counterclaim?

 

I appreciate hearing these updates, and I'm sure others do too, even if we don't have any suggestions to add. Keep your chin up - it must be stressful.