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Deposit Issues/Landlord entering without permission

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TheCuriousGeorge
TheCuriousGeorge Posts: 2 Newbie
edited 5 August 2015 at 1:15AM in House buying, renting & selling
I think my landlord has entered my property without my permission on several occasions and this has made me feel very uncomfortable.

I think this because I have a coin meter for my electric, it doesn't seem to read the amount of coins entered well but it says not to exceed 80 coins.

I have been in this property over 7 months and at a guess I have probably put 200-250 coins and it doesn't sound anywhere near full, leading me to think the Landlord has let themselves in without my permission to empty it and I don't know how many times they have done this if it is the case.

The Landlord has never asked or come round to empty the meter and it only holds 80 coins, It's an electric coin meter, I don't have Gas, I was using at least £40 a month when I first moved in due to the electric heaters, now it's £24-£28 per month.

I did wonder why it's never been emptied and after what happened a week Monday ago started the alarm bells ringing and what's been going on.

What also concerned me a little was on Monday I heard 2 people talking and they were knocking on the door of the flat that's right next to me and the lady wasn't in, they let themselves in, after that they knocked on my door and I said just a minute as I had just got out of the shower and they said oh sorry wrong door, I found this very odd.

The girl in the flat next door had some earrings that she believe have been taken, I had some paperwork go missing out of a folder, weird I know but no other personal possessions have been taken.

If the has been in here without my prior consent and without giving the required 24 hours notice, I feel it would make it untenable for me to stay here as not only is it a breach of tenancy but I would feel it's a breach of trust and a lack of respect, nevermind not obeying the rules of the tenancy.

I've reported it to the police twice and the Landlord started harassing me via email on Sunday night about coming round to check the meter, I sent him an email on Sunday and Monday informing him that I had changed the lock and he would have to give me at least 24 hours notice in writing and gain my permission before I let him in in future.

On Monday, he turned up knocking at the door 3 times within 4 hours without notice or permission so I went back to the police.

The Landlord never showed any alarm or concern regarding what's been happening until today nearly a week after I first contacted him and we have exchanged several emails, apparently he wasn't keen on the police being involved, he has also failed to acknowledge that the police have been informed. I was informed he was outside my property on Friday night too which the Landlord has ended up admitting via email yesterday morning but he didn't admit it in other emails, again that is odd and I believe he may have been in here on Sunday which would have been using the key for the new lock that he put in on Saturday, it was late Sunday that another lock got put on by myself to keep him out.

Last Friday he finally offered to changed the locks, he changed mine and the flat next doors lock Saturday afternoon, however I was informed by the police to change it myself and not give him a key which I did on Sunday but I believe he was in here when I was out getting the lock on Sunday because the lady next door said he turned up at her flat at an hours notice to empty her meter then she thinks she heard him enter my property, he did send me an email Sunday morning asking if I would be in at 6pm to check the meter, I didn't look at my emails until I had been told by the lady in the flat next door that he'd been round there but he went round hers at 3pm, he asked me about coming round at 6pm.

On Sunday, he started seeming extremely keen to come and check this meter which is odd considering I have never heard from him or been asked at all in my time here by him to empty or check the meter.

My flat has two locks and when you see what the Landlord has been saying in his emails, you decide what's going on and give me an opinion, he's been emailing and seems very keen to get to the meter although I've got the police to warn him off now so I don't think he'll ask again but it's more or less empty as you can tell via the noise it makes when the coins are put in.

Also, he only starting showing concern in an email this morning after I informed him that I had reported him to the police for harassment.

In emails since I first contacted him last week he has been saying:-

"If you read my previous e-mail it states that I will ask your permission to enter the flat should I need to
The reason I did not give you a key for the other lock is that it restricts a quick exit should there be a fire.

"If the security to your flat has been compromised I will change the lock"

I will contact you next week about emptying the meter I normally empty the coin box which has a lock on it at random times .
As for the security the locks have been changed in the past to deter any previous tenants, do you use both locks on the door ?


In his email today he stated:

"I apologise for not getting back to you sooner only my e-mail has not been working

I am sorry we seem to be having confrontation over access to your flat as I have told you I have not gained entry with out your permission
I have not emptied the meter box since you moved in.
I am concerned you feel somebody has been in your flat and that is why I changed the lock I also tried to find a key for the additional lock on your door and that was what I was doing on Friday evening,I did not go into your flat I simply tried a few keys I had from the out side.
I am also concerned that if people have been in the flats the coin meters have been tampered with and that is why I have checked all of the coin meters apart from yours to see if they have been compromised. (they haven't been )
I have attempted to repair the outside door entry lock but failed I am going around today to try and sort it"


What's also come to light is that he hasn't protected my deposit, I have asked him for confirmation twice in the last few days, he refuses to answer. I contacted the main 3 Deposit Schemes and they have no records and I never received confirmation after 30 days of paying him the deposit that it had been protected.

I have given him 14 days in writing to either protect it or refund or I will begin Legal Proceedings against him.

What I'm wondering now is does his emails admit he's been entering and attempting to gain entry without permission? Because it sounds like it to me.

I was comfortable living here but not anymore, I feel intimidated and the thought of him being in here several times and him going through my personal paperwork folder is just way out of order, although in a way I'm glad that I heard someone go into the flat next door without her permission because it has brought to light what is going on and that also the Landlord in my opinion seems very dodgy, I did find it odd that I've never seen him or heard from him since I paid my deposit and got the keys off him in December.

His story about the other lock on my door doesn't add up if you look at his email, he was saying this building has to be certified and that's why he can't give me a key for that lock and why I can't have a deadlock on my door as I only have a basic night latch lock.

Why he has these ancient coin meters in these flats still I don't know? He could get them changed for free, makes me think he keeps them in as an excuse for him to go into these flats without permission? That's my opinion.

I have stated to him that when we arrange for him to empty this meter I will have a witness present and I want him and the witness to sign a receipt stating how many coins have been emptied, that way I can prove he's been in here without my permission, if he refuses to sign it, the witness will still sign it.

He's stated 3 times in emails that he has never entered without my permission, it will be interesting to see his response to me having a witness here when he does arrange to empty the meter.

What do you think? This is all very odd.
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Comments

  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    Combo Breaker First Post
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    Very odd. Can you arrange with the supplier yourself to change the meter for a credit meter? Might cost £50 to change it though.

    As has been suggested to you I would change the locks keeping the old locks to change back when you finish your tenancy.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • TheCuriousGeorge
    Options
    Thanks for your reply.

    It is, very. No I can't change the meter unfortunately, it's in his name it has to be, I don't know who the supplier is either, he's also never provided me with receipts or proof of usage for the electric, I'm guessing he's been in to do meter readings for it to as well as emptying it regularly? It only holds 80 coins so would need emptying regularly.

    I did change the locks, he changed it on Saturday but the police advised me to change it and not give him a key which was done Sunday evening so he can't come in now but he's shown a lack of respect, breached the tenancy, started harassing me, he's deflecting the situation or trying to, won't acknowledge emails about the police or the deposit, he just seems very cagey. I no longer trust him, if I could move I would.

    If he states he won't empty the meter with a witness here and sign a receipt stating how many coins he's taken out when we arrange for it to be emptied I'll know for sure but I know he's been in here probably numerous times, he's been going into the flat next door without permission for 2 years so it's obvious.

    Just a shame I haven't seen the lady next door much because if I had known I would have changed the lock as soon as soon as I moved in.
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 5 August 2015 at 4:32AM
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    Cutting the long story down there are severa issues. Hoe you address them depends what you want to achieve:

    1) Locks
    I don't understand how come first you changed the locks, and then he did. Did he break in (since obviously he did not have a new key)?

    2) LL access
    a) you have resolved this issue by changing the lock and not passing him the key
    b) he has apologised for changing the lock & confrontation, and seems to be trying to smooth things over.
    c) he is imprving the security of the building at the main door
    d) he denies hving ever come in (which may or may not be true)

    3) Police
    They have records of his 'harassment'. To date it seems minor, but of course if it escalates they may take criminal action.
    You don't however say what response you've had from the police.

    4) Deposit
    Read the link below. If it is not registered you could sue. Whether you do so now (thus inevitably escalating tension & confrontation) is up to you.
    You can of course wait and sue later (up to 7 years after the tenancy ends).
    Plus of course whilst it is unregistered the LL cannot evict you via a S21 Notice.

    5) meter
    I'm not familiar with them - who owns it, the LL or the electricity provider? Does the LL get the money and then pay the electricity bill, or do you have a direct contract with the electric Co (and thus the coins go to them)?

    Can you also clarify the set up of the building? Is this an HMO? Do you have a 'flat' or a 'room'? Is this a block of flats (one of which is yours)?

    * Deposits:
    payment, protection and return
  • MrSilk
    MrSilk Posts: 1,504 Forumite
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    I'm sorry to say but a tenant changing a lock on a property they rent is against the law, and most definitely against the terms of your tenancy agreement.

    I've worked in property for over 5 years and luckily have never had any of my tenants change a lock. If you where my tenant I would have issues notice straight away for breaking the terms of tenancy.

    If the landlord hasn't protected the deposit, you could sue; however they'll only ask him so send you back the ££ and because it's not protected, he'll be unable to make any deductions. Deposit protection is one big con, a money maker for sure.
  • Mrs_Imp
    Mrs_Imp Posts: 1,001 Forumite
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    MrSilk wrote: »
    I'm sorry to say but a tenant changing a lock on a property they rent is against the law.

    I'm curious now. Which law prevents changing the locks?
  • Nobbie1967
    Nobbie1967 Posts: 1,485 Forumite
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    MrSilk wrote: »
    I'm sorry to say but a tenant changing a lock on a property they rent is against the law, and most definitely against the terms of your tenancy agreement.

    I've worked in property for over 5 years and luckily have never had any of my tenants change a lock. If you where my tenant I would have issues notice straight away for breaking the terms of tenancy.

    If the landlord hasn't protected the deposit, you could sue; however they'll only ask him so send you back the ££ and because it's not protected, he'll be unable to make any deductions. Deposit protection is one big con, a money maker for sure.

    Would you like to quote the law that a tenant is breaking by changing the lock? As you've 'worked in property for over 5 years' you must clearly be an expert in housing law. :rotfl:
  • booksurr
    booksurr Posts: 3,700 Forumite
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    MrSilk wrote: »
    I'm sorry to say but a tenant changing a lock on a property they rent is against the law, and most definitely against the terms of your tenancy agreement.

    I've worked in property for over 5 years and luckily have never had any of my tenants change a lock. If you where my tenant I would have issues notice straight away for breaking the terms of tenancy.

    If the landlord hasn't protected the deposit, you could sue; however they'll only ask him so send you back the ££ and because it's not protected, he'll be unable to make any deductions. Deposit protection is one big con, a money maker for sure.
    it would appear you have learned little or nothing in your 5 years then, I assume you are a letting agent as your ignorance would suggest you are
    - presuming that all TA preclude changing the locks - really????
    - and the golden boxxocks - "its against the law"
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    MrSilk wrote: »
    I'm sorry to say but a tenant changing a lock on a property they rent is against the law, and most definitely against the terms of your tenancy agreement.

    I've worked in property for over 5 years and luckily have never had any of my tenants change a lock. If you where my tenant I would have issues notice straight away for breaking the terms of tenancy.

    .
    Clueless nonsense. Tenants are legally entitled to change the locks. If you've been telling them they cannot you may be guilt of harassment.

    From Shelter.
    Landlord harassment is an offence

    Harassment is action taken by your landlord to deliberately disrupt your life at home or make you leave. Harassment is a criminal offence.
    A landlord could be guilty of harassment if they:
    • won't let you live in your home in peace
    • act in a way that's meant to make you leave your home
    • try to take away your legal rights as a tenant
  • Bluebirdman_of_Alcathays
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    MrSilk wrote: »
    I'm sorry to say but a tenant changing a lock on a property they rent is against the law

    I await with bated breath... :T
  • MrSilk
    MrSilk Posts: 1,504 Forumite
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    Calm down guys! - Illegal maybe the wrong word.. Check your AST to see if there is a clause that states tenants cannot change lock without prior permission.

    One wrong sentence and you're like a flock of vultures :D;)
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