Landlady Breaching Terms of Contract - what can I do?

zoomraker

I have just moved into a room in a shared house and signed an assured shorthold tenancy agreement.

My landlady is breaking the contract in the following ways.

1. Entering the property without my consent, she spends about 9 hours a day here, every day!

2. My room has an external door - to the garden - she has lost the key and I am unable to lock it.

3. She has failed to put my deposit in a deposit protection scheme.


What can I do, I would like her to cancel the tenancy refund my rent and deposit and just let me move out, she is unwilling to do this.

She is looking for a replacement tennant but that could mean me being stuck here for a couple of months which I really don't want to be.

Anyone know what my options are?

ss70

do you rent a room or a house?

zoomraker

renting a room in a house

zzzLazyDaisy

Does the landlord also live in the house?

zoomraker

no she doesn't live here,
she has a room and an office but this is not her address and she doesn't sleep here.

neas

i used to rent a room in a house, the landlord was allowed to enter the communal areas (for cleaning and such) but not your room.

You rent the Room and SHARE the communal areas. Sounds like a house share to me.

If it is a shared house where you have a few other tenants sharing rooms then i dont think she needs YOUR permission to enter the communal areas, even if she did am sure if one tenant let her in shed be ok.. but having ernted rooms in 3-4 houses I know landlord was able to enter for repairs cleaning without giving notice (altho it was nice if could).

zoomraker

It's an assured shorthold tenancy

section 6.2

The Landlord shall be entitled to have and retain keys for all the doors to the Property but shall not be entitled to use these to enter the property without the consent of the Tenant

tbs624

zoomraker wrote: »

I have just moved into a room in a shared house and signed an assured shorthold tenancy agreement.

My landlady is breaking the contract in the following ways.

1. Entering the property without my consent, she spends about 9 hours a day here, every day![/

2. My room has an external door - to the garden - she has lost the key and I am unable to lock it.

3. She has failed to put my deposit in a deposit protection scheme.


What can I do, I would like her to cancel the tenancy refund my rent and deposit and just let me move out, she is unwilling to do this.

She is looking for a replacement tennant but that could mean me being stuck here for a couple of months which I really don't want to be.

Anyone know what my options are?

The fact that your LL is in behaving as she is does not mean that you can simply get out of your contract.

As you say you are renting a room, you are presumably signed up to a separate contract, rather than a joint one with the other occupants?

A LL can, as Neas says, access the communal areas of certain types of property, but not to hang around for as long as you say she is doing. Does she also let herself into individual rooms? What do they other Ts say?

Does the property have a valid gas safety certificate? You don't say how many other |Ts they are but its possible that this property should be registered iwth the Council as an HMO ( house in multiple occupation) and this can be checked at your local Council.

Write formally to your LL .

1. She has to maintain a reasonable level of security and that includes external doors having some security, *especially* when they lead directly to a Ts bedroom. Give her 48 hours to get a lock sorted out and say that if she doesn't you will get three quotes for the work to be done at her expense.

2. Tell her that by law you are entitled to "quiet enjoyment" of the property and that she has to give you 24 hours written notice of her visits which have to be restricted to viewing the condition and state of repair of the property. (There is no need for a LL to make such checks more than 2 or 3 times a year.)

3. Confirm the amount of your tenancy deposit, and when it was paid, and ask her to confirm which tenancy deposit scheme she has registered it with. Tell her that when a LL doesn't comply with S213 of the Housing Act 2004 a T may appply to the court, who will either order the LL to immediately scheme register it & provide the prescribed information to the T, or to return the deposit in full plus, in either case, a penalty payment of 3x the deposit amount. Remind her that you can also apply for your court costs to be paid by her.

You may find she is suddenly very willing to renegotiate your tenancy. If you reach stalemate with her contact the private sector rentals team at your local council. They can help with you this & speak direct to the LL, if necessary.

tbs624

zoomraker wrote: »

no she doesn't live here,
she has a room and an office but this is not her address and she doesn't sleep here.

Just seen this one- are you saying that the LL retains a room *and* an office within the house ?

Jowo_2

Get free expert advice from Shelter on your rights and how to seek redress for the problems you outline.

A tenant is entitled to quiet enjoyment of the property and a live-out landlady should not be accessing the property without giving 24 hours notice and receiving consent to enter.

It is highly unusual for a landlady to run an office in a shared house. Perhaps she thinks as she operates a business from there, it makes you a lodger, therefore your deposit doesn't need to be protected. However, it is my understanding that this only takes place when a landlord lives in the property and shares amenities, such as kitchen and bathroom. A person can only have one primary residence. I wonder what the reasons are for the landlady trying to give the impression that she still lives there. Do you have a lodgers agreement or AST?

The penalty for non-compliance with the Tenancy Deposit scheme is that a court can order the landlord to pay the tenant x3 the sum of the deposit as a penalty.

Double check your status with Shelter and get an idea of how they suggest you redress this. Speak to a tenancy relations officer at your local council

You could perhaps use the leverage of the prospect of court action for non-compliance with TDS to persuade the landlord to release you from the contract. When does your contract end or what notice period do you have to give?

franklee

Similar setup (LL with office space in house but doesn't live there), discussing what LL can and can't do:

http://www.landlordzone.co.uk/forums/showthread.php?t=16393