Landlord gaining entry to the property

[jennster]

My landlord has a habit of turning up unexpected. He will knock on the door and if nobody answers within 30 seconds or so, he will let himself in.

 

He wont give any prior notice atall. And even after us asking him to ring before turning up, he still doesn't.

 

We obviously dont want things to turn nasty as we are both happy where we are, are there any suggestions as to what we can do?

[Jacksy1980]

Mine had a habit of doing that, I changed the locks.

I think, dont quote me on this but has landlord hes able to have access to property BUT must give notice of when he/she will be entering the property.

[zara_goza]

We had more or less the same problem with Woods State Agents. We used to informing then that we were on holidays for a week, and they used to send us a letter on the week we were out to send a letter leting us know they were coming to check the house, so it didn't feel very professional. They also just to forget to letting us know of visits for repairs etc, even when in the contract states that they were needing to give you 48 hrs notice by letter.

 

I believe 48 notice is the norm...You should check the contract

[Joa]

The home you rent is your home and nobody can enter without your permission, except in emergency. If landlord lets himself in, he commits trespass. This is a serious, criminal offence. He needs to give you a notice, min 24hrs and you need to agree. You are entitled to NOT let him in and if he creates trouble because of this, he commits harassment. Remember, you are entitled to “quiet, peaceful enjoyment”- this is not just an empty phrase, it’s an embodiment of your rights as an occupier. Obviously, you need to have a good working relationship with your landlord, therefore don’t go all guns blazing. Write him/her a polite, respectful letter, just requesting, not demanding, that he gives you a notice before his visits and that under no circumstances he lets himself in. If he persists, report to the police- mainly for purposes of creating an evidence portfolio, because let’s face it, police are not going to arrest him or anything, but you are entitled to compensation, through the court, so evidence is essential. Tricks like leaving a small match etc on top the door handle to see if it has been moved, hair across the door lock, whatever- can be useful. Remember, just because you rent doesn’t mean that you have limited rights for occupation.

[Nightmare4banks]

Hi all!

 

Jennster,I am very sorry to read your problem with your landlord.

 

This is my personal view together with a few suggestions for you to mull over:

 

1.Your landlord should not enter the property without your consent.This is trespass.

 

2.Trespass is a civil matter and not a criminal offence - basically you could sue him for entering your home without your consent.

 

3.The remedy to trespass is a county court order for an injunction which would impose an order on the landlord not to enter your home.A breach of this order is contempt of court and an arrestable offence.

 

4.However,you should try to have a good relationship with your landlord.I mean allow him access to see that he carries out essential repairs if and when

needed but equally make sure he understands that he cannot not just "barge in" your home as and whenever he desires - apart from an emergency of course if needed.

 

5.I WOULD NOT change the lock if I were in your shoes but get a form of latch/chain such that if he attempts to enter your home when you are there he will not be able to.If he complains just say you do not appreciate it when he "barges in" at anytime - the fact that you have done this will wake him up to the fact that you do not tolerate the fact that he barges in at any time and have acted on it accordingly.

 

6.There is not much you can do if he enters your home if you are out but if it happens more than once you could ask him why he is doing it and if he has any concerns - be nice to him rather than nasty because believe me you will win with him in the long run.

 

7.If he persists you should get the Private Tenancy Officer at your local council involved but of course remember that if you have a shorthold tenancy he could fairly easily (but with a court order) evict you from your home.Personally,I

would not involve the police - local authorities have the powers to prosecute private landlords.The police get only involved if there is any acts of violence committed by the landlord and/or the tenant(s).

 

I hope you find this information and suggestions useful.

 

If you have any questions,just ask.

 

Keep us posted.

 

All the best!

[Jacksy1980]

Hi sorry about my last comments, i shoul dhave phrased them better. What i meant with changing the locks was that as the previous person said, get a latch or chain. What i had was 2 doors, the front door, and another sort of hallway door to gain entry to the house, all i did was add a lock to this door so he could come in, collect his rent from the 1st door, but was not able to gain any further access into my home. I have a good understanding and luckily he has not complained about this. But as the previous person said for a few quid get a latch etc

Hope this helps you:)

[fallen404]

Or get a baseball bat. If he lets himself in, you suddenly leap out of a doorway screaming and brandishing it. Promptly stop when you see who it is, and say "Oh. Sorry. I thought you were a burglar. Ever thought of letting us know when you're coming round?"

 

I guarantee it'll never happen again.

[jamesmcogan]

Your Landlord can't enter your flat without permission. If he does then it is a criminal offence, so you could call the cops. You are the legal occupant of the property not the landlord.

 

He has to give you 24Hrs clear notice prior to entering the property.

 

I would not recommend changing the locks. I have had clients who have done this and the results are never good. A Landlord can serve you a standard s21 notice (two months) anytime after four months and does not have to give you (or a court) any reasons for it. So in other words tenant rights are still limited.

 

Go to your local council housing options team or local Housing Aid Centre and they can act on your behalf in telling your L/L to stay out.

[nld]

The landlord has to give 24 hours written notice to enter property AND HE CAN ENTER PROPERTY AT THAT POINT.

Be very careful and read all of your tenancy agreement.

Seek legal advice or consult 'Shelter' they really are the best people to advice

nld

[Rich44]

Yes they can enter the property after giving notice BUT they still have to knock first they cant just say hey its 24 hours later and in I come you could be doing all sorts on the sofa for example

 

I always used to prevent this by leaving my keys in the lock so they couldnt open the door even if they tried

[Butterbean]

It seems incredibly common doesn't it, that Landlords think they can come in whenever they want to, DESPITE the clause in the Lease saying they have to give notice. Why do they do it? Why?? Is it just nosiness or something else?

 

My Landlord is always doing it - and he thinks that because I've given him permission to come in on a particular day, and if he doesn't turn up on that day that he can then swan in any other day he feels like it. He owns the property but that doesn't give him the right to wander in and out or expect to come in to talk about something just because you happen to be in. I also know he's been in when I've been at work during the day because things are different - the kitchen door is shut when it was open that morning / a curtain pulled back / little things that tip you off that someone has been in.

 

One example is him saying he needed access for the chap from the Council to check the flats the following week (this new law etc). I assumed he had been round. Next thing, weeks later, he's at the door with the chap from the Council (luckily I was in and he hadn't bargained for that). I said no it wasn't convenient because I was actually busy doing something (ever tried working through something and concentrating, and having that concentration broken? it was like that). I pointed out that I had given him right of access weeks ago and that it didn't mean he could come round any time. His excuse was that he can't get in touch with me!! (ermmmmm!!!) so I reminded him that he has my telephone number or he could leave a note in the hall. He just didn't seem to 'get' that he can't come in and out at the drop of a hat and that he has to give me at least 24 hours notice. He went on and on, saying OK but now he was here would I mind .. he'd have to make another appointment with the Council and it was only me left .. and in the end I caved in and let the chap from the Council come in.

 

Trouble is I feel trapped - I live here because the rent is cheap. If he decides he wants to turf me out I'll have nowhere to go, and currently I don't have enough money for another deposit and rent upfront. So I'm not inclined to make too big a fuss - which is appalling because my Tenant's Rights are being abused and I feel very pushed about.

 

I tried to see if I could speak to the Private tenancy Officer at the council after reading everything on this site, but they don't have one apparently and they referred me to the CAB. Sigh. Takes weeks to get an appointment with the local ones unfortunately (we have a lot of problems in our neck of the woods )

[Nightmare4banks]

Hi all!

 

Butterbean,in reply to your post:

 

1.Your landlord should NOT enter your home without your consent.This is trespass.

 

2.Equally you should be flexible regarding the entry of say Council officials at the end of the day he regulations are there for landlords to adhere to.

 

3.Read my previous post no.7 within this thread and do as I have suggested.Get a latch/change to put on your door.So that the landlord just does not barge in when you are at home.

 

By the way,you have mentioned that your rent is low:

 

 

So,please answer the following questions:

 

a.What type of tenancy do you have?

 

b.If you are not sure when was the tenancy signed between you and the landlord?

 

The answers to these questions should enable me to possibly assist you further.

 

I hope you find this information useful.

 

If you need more help,just ask.

[Butterbean]

Thanks for replying, Nightmare.

 

In answer: I have an Assured Shorthold Agreement which is currently for a year, signed September 2005 and terminating September 2006. It was six monthly up until September. He could quite easily turn nasty and evict me.

 

I can see your point about Council officials needing to carry out their job. It was just clear, had I not been in, that both he and the Landlord would have come in without the Landlord having given me adequate notice, and he does that far too often.

[Nightmare4banks]

Hi all!

 

Butterbean,in reply to your post:

 

1.Your landlord would have to give you 2 months notice in July should he want you out of the property.

 

2.As you aware due to the Shorthold Tenancy,you have very limited rights i.e.the landlord can easily get you out of the property.However,if you do not move out after the notice expires he would have to obtain a court order.

 

3.As long as he has followed the correct procedure i.e.served the correct 2 month notice.He will get a possession order as a matter of right.

 

In conclusion:

 

 

a.Put a latch/chain on your door and use it when you are at home.There is not much you can do if he enters the property when you are out.Although I think he is probably a nosey and pushy git by what you have said and is actions are in total breach of the landlord/tenant laws.

 

b.Be flexible and amicable with access to do with repairs or council official visits etc.

 

I hope you find this information useful.

 

If you have any questions,just ask.

 

Keep us posted.

 

All the best!

[Butterbean]

Thanks again Nightmare It's not a lot of comfort is it, when you know a Landlord is flagrantly breaking the law and there's nothing you can do about it without putting yourself at risk of being evicted. You're right, he's a nosey and pushy git. He's also completely unreliable and his botched repairs make the defects even worse in the house. I could tell you some horror stories! Like water and electricity aren't supposed to mix ... But I won't.;-)

 

Really appreciate your replies. Big thanks.

[Nightmare4banks]

Hi all!

 

Butterbean,in reply to your post:

 

1.Your landlord sounds like Rigsby from Rising Damp! Sorry I had to say that!ha!ha!

 

 

No on a more serious note,tell me more about about the horror water and electricity

 

That is really terrible and dangerous!!

 

2.If I were in your position I would try and find a better place to live.

 

3.Once you have found another place to live,give your landlord 1 month notice.You could move out for when your 12 month tenancy agreement expires in September 2006.

 

4.Sue your landlord after you have departed.

 

I know you appreciate my replies and hopefully you do apply them to improve your living conditions.You should not have to put up with crappy living conditions and the landlord entering and leaving your home with total disregard.

 

Anyway,if you have any questions just ask.

 

Keep us posted.

 

All the best!

[Butterbean]

Nightmare you made me laugh! Rigsby!! Only in this case the damp is falling rather than rising! hahahaha

 

Should I start a new thread? I feel I'm hijacking Jennster's ..

 

As far as the water/electricity problem is concerned, the bathroom upstairs (used only by the tenants upstairs as my flat is self-contained) leaks. Water from the bath has been coming through the ceiling in a weak spot in the false ceiling and soaking my bed, or running down by my windows, and has also been seeping through into the big main light fitting in my room (I can't get the glass lightshade off to have a closer look). I didn't realise it was affecting the light until I had problems turning the light on and just put it down to a loose connection. (I prefer to use softer lamps, anyway.) He repaired (read: botched) the problem, which he said was down to them letting water slop out onto the floor, and 'waterproofed' the floor upstairs. Ahem Over the last couple of weeks more water has been coming through. A small hole has appeared in the ceiling and is letting in water, the other weak spot is getting even weaker and sagging (about 9" in diameter), and water has been draining out of the glass lightshade and soaking the carpet and my rugs. He now says that the problem is down to one of the legs coming off the bath at the back (??? I thought he said he'd waterproofed the floor upstairs). He's coming on Monday to sort it out. Thank goodness it's summer and things dry out!!

 

It is cheap (for London) - just over £400 a month for a self-contained bedsit/flat. But that's no excuse for his ignoring my rights as a tenant. Finances are tight at the moment and I'm struggling, but yes, I do want to move. If I can't afford it by September I'll ask for a six month lease (if he hasn't already asked me to leave) which will give me time to build up a stack of cash so I can go. And then yes, I'm inclined to let him know exactly how miffed I've been.

 

Ya know, being on this site helps you to become much more objective and to see situations for what they actually are.

 

Thank you.

[kevb0444]

Hi all.

Apart from the latch/chain, why not get a coded alarm. My GF picked one up for £6 and you can fit it real quick and you have to enter a 4-8 digit code to shut it off. Put it on when your out and if your landlord comes in will make a hell of a noise. He won't be able to do anything about it coz the only ways to shut it off is to enter the code (which he won't have) or to smash the alarm (then you can do him for criminal damage) I would think you would be with in your rights not to give him the code even if he asks, as he should only enter the property with out warning in an emergerncy, in which case it won't matter if the Old Bill turn up.

[GreatWonder]

You beat me to that one. Pick up one of those £15 motion detector and keypad kits. No installation required, and doesn't requiring permanent attaching to fixtures so can be removed without a trace. I bet the Landlord remembers your telephone number within a few seconds when they enter to one of those things going off.

[Feed up tenant]

Hi I am having the same problems as everyone else regaring landlord entering my property.

 

He thinks that by ringing doorbell before he enters means he has authorisation to come in whether im home or not.

 

I put a chain on the door which he barged of whilst i was in!!

 

He said it couldnt be on incase there was a fire, i said i was in anyway and there wasnt a fire but he still thought he was in the right.

 

He still lets himself in after that how do i stop him.

[gamequeen88]

yes

 

i agree with you ~

[Aequitas]

The law is clear. Except in case of emergency, a landlord is not entitled to enter a property without the tenant's consent or a court order whatever it says in the tenancy agreement. To do so is a breach of the covenant for quiet enjoyment (which is implied if not expressly set out). It will not be a criminal offence unless done with intent to intiminate or to commit some other crime.

 

If the agreement permits access in certain circumstances then you need to come to an agreement. If it is access to allow a potential tenant or buyer view then if the landlord suffers a loss he can sue.

 

If the landlord fails to keep an appointment it does not mean he can come back later at a time of his choosing.

 

Even if the tenancy agreement says that you must not change the lock I would suggest that the tenant can do this if the landlord enters without permission. What can the landlord do? He can sue, but if he does will have to disclose how he found out that the lock had been changed!

[the_duke_of_hazzard]

I've had a series of nightmares with my old landlord.

 

We moved out 5th March and played everything by the book - gave two months' notice from the first of March, paid the rent for March, etc etc..

 

She's let it slip that she's visited the flat since we moved out without our permission.

 

She's also gone mental because we've given "her" keys to the letting agent to show people round.

 

If she's broken the contract by doing this (I think she has) then can I say "you've broken the contract, keep the deposit and get lost"? I just want to move on and forget about it, but is it within my rights to do that?

[karin]

Hi

 

My landlord unfortunately also has the habit to show up without any notice - (preferably on weekends in the morning), or also had already entered the flat in my absence! (furniture was moved, footprints were on the floor and a housemate has witnessed this.)

 

Since he seems to be aware of the 24 notice period, with exception of emergencies, he states everytime that the reason for the unannounced visit would be an emergency.

This happens about 3-4 times a year - and it had definitely never been an emergency...

 

Just as an example, once it was because I kept telling him for 1.5 years that if I take a shower the water keeps flooding from the bathroom to the other end of the studio flat - I had to dry up the floor every morning! (He kept telling me to fix it, but nothing happened - phonecalls and voicemails just kept being ignored...)

After 1.5 years this was finally done, but declared as an emergency.

The same procedure happened regarding some leaking water pipes I keep telling him to fix for ages.

 

The real reason for his unnanounced visits are, that he is completely not organised and seems not to be able to plan anything in advance.

He always states that he, and the other handymen he is sending over, have such a long way from outside of London. If I am not agreeing with this, he starts intimidating me telling me it would be really inappropriate for me to send him or the handymen away.

(He is a pretty big Greek guy and the other handymen are tall Polish who seem aggressive as well.)

 

The other issue is, that I don't have a rental contract - I signed one in May 2006 for 12 months. I really would like to have another contract, but he doesn't want to give me any, since his argument is that if he has to make a new one, then he has to go up with the rent.

Obviously this is absolute nonsense, and I keep myself asking what could be the reason for not giving me, nor the other tenants in this house (6 parties, studio flats) a new contract.

 

Maybe I should clarify, that the person I am dealing with is not the real landlord, he is the 'senior handyman', the real owner I don't know personally and don't even have his full name (I tried to find out, but wasn't successful).

 

 

The reason why I am not moving out is that I like the flat and the area I live in a lot and would feel pretty sad to leave this place only because of this guy - but I really start to consider this, since I really feel uncomfortable due to this disturbance in my privacy.

 

(The last time it happened was this evening, it was 8pm and I was already in the pijama lying in my bed, and half of the flat with my fresh washed clothes hung up! And somebody knocking at my door asking to get in. I refused, since I knew it was not an unforeseen emergency.

Immediately this 'senior handymen' called me and told me in a very rude way off, that I should immediately let in this guy.

I asked to have this arranged for tomorrow morning, but he absolutely insisted it has to be done right now... so I could negotiate 30 mins. with him, so at least I could get dressed and tidy up a bit the laundry that was hunging up to dry.)

 

Since this is about the 10th times this has happened, and speaking to him in a nice way doesn't show any success, I would like to ask for help what I can do against this situation since I feel very uncomfortable.

 

I really would greatly appreciate your help on this matter.

 

Thank you for reading all this!

 

Kind regards

Karin

 

P.S sorry for my English, but it is not my mother tongue

[Nightmare4banks]

Hi Karin!

 

Welcome to this forum! You have to the right place for some help and advice.

 

I am very sorry to read about the problems with your landlord.

 

After reading your post and in my view:

 

1.You should change the lock but you must not damage the door.Also,you should keep the old lock in the flat and in a safe place.

 

2.You do not have to give the landlord a key.However,you should agree to access if he needs to carry out any repairs.

 

3.Remember that your landlord has no right to enter the flat without you allowing him to do so.

 

4.The landlord and or any any of the handymen (which are classed as the landlord's contractors) should give you 24 hours notice at least if they want to come into the flat.

 

5.This does not mean you MUST let him come into the flat,however I think if he needs to carry out repairs in the flat you should allow him to do so.

 

5.Regarding the tenancy,you do have a tenancy agreement.It is called a 'STATUTORY PERIODIC TENANCY'.All this means is that the original fixed term has expired and as long as you pay the rent on time and the landlord accepts it the tenancy could carry on for an indefinite period.

 

6.This type of tenancy is quite common when tenants remain in a property

after the fixed term expires.So do not be surprised if your landlord does not want to grant you a new tenancy agreement.

 

 

Anyway,I hope you find this information useful.

 

If you have any questions,please just ask.

 

Let us know how you get on.

 

All the best!