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    • axel132132
    • By axel132132 4th Oct 17, 3:43 PM
    • 59Posts
    • 6Thanks
    axel132132
    Rent Law
    • #1
    • 4th Oct 17, 3:43 PM
    Rent Law 4th Oct 17 at 3:43 PM
    So couple of issues ive had with my landlord his boiler leaked causing damage to the utility it was in and the cupboard and worktop.

    He is trying to blame me, the leak came from inside the boiler i know and everyone knows via pics i did nothing to cause the leak and as i did not notice the damage built up also not my fault

    Anyway the main issue i have is, my landlord gave me 24 hours notice to come in and bring a plumber in to repair the boiler. This was fine i said this was ok.

    Now when he entered he also checked the whole house and i cant find my watch.

    Now say legally, can he walk arond the house without informing me or can he because he came to sort the boiler. He never mentioned checking property.

    I would have thought that for him to be able to check the property he would have had to say to me i will be repairing the boiler but also be doing a property inspection which then i could have put my valuables in a safe.

    So basically all i am asking is has he broken the law by doing so, or is he legally allowed to without telling me

    Also, he has not put my bond in a bond bank and i feel he is going to when i move out in 2 months (as he has given me a letter to leave woth 2months notice due to the damage the boiler has caused) i have a feeling he is going to take my deposit

    Please help as i want my deposit back and i dont want him entering anymore until i leave as i just want peace for next 2 months and to leave it all behind me.

    Thanks for your time
Page 1
    • G_M
    • By G_M 4th Oct 17, 4:01 PM
    • 41,471 Posts
    • 47,850 Thanks
    G_M
    • #2
    • 4th Oct 17, 4:01 PM
    • #2
    • 4th Oct 17, 4:01 PM
    So couple of issues ive had with my landlord his boiler leaked causing damage to the utility it was in and the cupboard and worktop.

    He is trying to blame me, the leak came from inside the boiler i know and everyone knows via pics i did nothing to cause the leak and as i did not notice the damage built up also not my fault

    Anyway the main issue i have is, my landlord gave me 24 hours notice to come in and bring a plumber in to repair the boiler. This was fine i said this was ok.

    Now when he entered he also checked the whole house and i cant find my watch.
    cheap? Or expensive and worth destroying the tenancy relationship ove by a theft claim?

    Now say legally, can he walk arond the house without informing me or can he because he came to sort the boiler. He never mentioned checking property.
    You gave him permission to access the property

    I would have thought that for him to be able to check the property he would have had to say to me i will be repairing the boiler but also be doing a property inspection which then i could have put my valuables in a safe.
    Common courtesy yes, but if he's coming in he's bound to look around.

    So basically all i am asking is has he broken the law by doing so, no or is he legally allowed to without telling me yes

    Also, he has not put my bond in a bond bank and i feel he is going to when i move out in 2 months (as he has given me a letter to leave woth 2months notice due to the damage the boiler has caused) i have a feeling he is going to take my deposit
    He cannot evict you in the first 6 months of your tenancy. When did it strat (exact date please)?

    Please help as i want my deposit back and i dont want him entering anymore until i leave as i just want peace for next 2 months and to leave it all behind me.

    Thanks for your time
    Originally posted by axel132132
    If he has not protected your deposit, you are in a strong posittion as

    * he cannot evict you
    * you can claim a penalty, at any time for 7 years after the tenancy ends

    See

    * Deposits: payment, protection and return

    If you think an expensive watch was stolen, report it to the police giving full details of when, and who had access at that time.


    For more on evicting you, see

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    Last edited by G_M; 04-10-2017 at 4:06 PM.
    • saajan_12
    • By saajan_12 4th Oct 17, 5:13 PM
    • 848 Posts
    • 557 Thanks
    saajan_12
    • #3
    • 4th Oct 17, 5:13 PM
    • #3
    • 4th Oct 17, 5:13 PM
    So couple of issues ive had with my landlord his boiler leaked causing damage to the utility it was in and the cupboard and worktop.

    He is trying to blame me, the leak came from inside the boiler i know and everyone knows via pics i did nothing to cause the leak and as i did not notice the damage built up also not my fault- what 'everyone knows' is irrelevant,
    the LL will need to prove (it's more likely than not) that the damage is user caused not a boiler fault. However to be sure, take pictures of the state now and when you leave, and report any issues you find promptly to the LL's address for serving notices.


    Anyway the main issue i have is, my landlord gave me 24 hours notice to come in and bring a plumber in to repair the boiler. This was fine i said this was ok.

    Now when he entered he also checked the whole house and i cant find my watch. - being unable to find it isn't enough to prove it's stolen.

    Now say legally, can he walk arond the house without informing me or can he because he came to sort the boiler-
    yes, you gave him permission to enter and there was no expectation that he would NOT access the other areas.
    . He never mentioned checking property.

    I would have thought that for him to be able to check the property he would have had to say to me i will be repairing the boiler but also be doing a property inspection which then i could have put my valuables in a safe. - You knew atleast two people were entering the property, you could have put your valuables in a safe anyway regardless of their intention.

    So basically all i am asking is has he broken the law by doing so, or is he legally allowed to without telling me -
    No law broken, you gave permission for him to enter and he gave reqd notice.


    Also, he has not put my bond in a bond bank-
    has he protected the deposit? Check all 3 schemes, he may have used an insurance based scheme where the money stays in his account but he pays a fee to the scheme to intervene in the event of a dispute.
    and i feel he is going to when i move out in 2 months (as he has given me a letter to leave woth 2months notice - Is this a Section 21 notice? It would be invalid if he really hasn't protected nor returned the deposit.
    due to the damage the boiler has caused) i have a feeling he is going to take my deposit - Don't worry about that now, you may be able to sue for upto 3x if he hasn't protected and the notice may be invalid.

    Please help as i want my deposit back and i dont want him entering anymore until i leave as i just want peace for next 2 months and to leave it all behind me. - The only way to guarantee he won't enter is to change the locks, but if there are boiler issues then you'll need to be home for repairs and you may have agreed to provide reasonable access for repairs / viewings - the LL may be able to claim for his losses if you prevent this.

    Thanks for your time
    Originally posted by axel132132
    If you really want peace, I'd suggest keep your items safe and focus on looking for somewhere else to move. Try to negotiate an early surrender with the LL so you can move on asap without rent overlap and the LL can get on with fixing his boiler. If

    After you're moved you can think about raising the deposit protection - you can claim 1-3x the deposit as a penalty if it isn't protected, likely towards the higher end if it's never been protected and the LL tries to unreasonably withhold the deposit. If you really can't find somewhere to move to, then you can raise the issue earlier as the LL's Section 21 notice won't be valid until they protect or return the deposit, giving you more time but sounds like you'd rather move on..
    • axel132132
    • By axel132132 4th Oct 17, 8:34 PM
    • 59 Posts
    • 6 Thanks
    axel132132
    • #4
    • 4th Oct 17, 8:34 PM
    • #4
    • 4th Oct 17, 8:34 PM
    The main issue is, has he a right to wonder without stating he is like

    Can he say he coming to look at boiler, and then wonder round the whole house or does he have to state that hes visiting for a inspection
    • G_M
    • By G_M 4th Oct 17, 8:37 PM
    • 41,471 Posts
    • 47,850 Thanks
    G_M
    • #5
    • 4th Oct 17, 8:37 PM
    • #5
    • 4th Oct 17, 8:37 PM
    The main issue is, has he a right to wonder without stating he is like

    Can he say he coming to look at boiler, and then wonder round the whole house or does he have to state that hes visiting for a inspection
    Originally posted by axel132132
    Already answered!

    If you don't like the answer, asking again won't change it......
    • axel132132
    • By axel132132 4th Oct 17, 9:48 PM
    • 59 Posts
    • 6 Thanks
    axel132132
    • #6
    • 4th Oct 17, 9:48 PM
    • #6
    • 4th Oct 17, 9:48 PM
    Oh haha didnt realise the green was answered in red thought it was just a copy of what i sent so didnt even read it haha cheers
    • Comms69
    • By Comms69 5th Oct 17, 12:07 AM
    • 486 Posts
    • 358 Thanks
    Comms69
    • #7
    • 5th Oct 17, 12:07 AM
    • #7
    • 5th Oct 17, 12:07 AM
    I always insist on being in for any visits- but I do get 35 days of annual leave and flexible time.
    • anselld
    • By anselld 5th Oct 17, 7:00 AM
    • 5,321 Posts
    • 4,859 Thanks
    anselld
    • #8
    • 5th Oct 17, 7:00 AM
    • #8
    • 5th Oct 17, 7:00 AM
    The main issue is, has he a right to wonder without stating he is like

    Can he say he coming to look at boiler, and then wonder round the whole house or does he have to state that hes visiting for a inspection
    Originally posted by axel132132
    From a practical point of view boiler repairs or service often include the need to check/bleed radiators etc, so access to whole house would often be a necessity. Boiler does not operate in isolation.
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