Landlady wants to move deposit! Please help

casper_g

IANAL, but I believe the right to quiet enjoyment derives from common law. The law has recognised the right of tenants to quiet enjoyment of the property over which they have a tenancy since waaay before there was such a thing as an AST, so the fact that this isn't one is neither here nor there!

Cissi

casper_g wrote: »

IANAL, but I believe the right to quiet enjoyment derives from common law. The law has recognised the right of tenants to quiet enjoyment of the property over which they have a tenancy since waaay before there was such a thing as an AST, so the fact that this isn't one is neither here nor there!

As far as I know that's spot on, that's also what we were told.

I stared at the first acronym in the post above for quite a while before I understood what it stood for - I thought you were telling us something quite different about your personality :rotfl:

clutton_2

Acrobatic Sporty Type ?

G_M

casper_g wrote: »

IANAL, but I believe the right to quiet enjoyment derives from common law. The law has recognised the right of tenants to quiet enjoyment of the property over which they have a tenancy since waaay before there was such a thing as an AST, so the fact that this isn't one is neither here nor there!

Put much more succinctly than my long-winded explanation!

As for the French - what the h*ll have I started!!

Cissi

clutton wrote: »

Acrobatic Sporty Type ?

Umm, no, I was looking at "IANAL"... put a space between the first and second letter and you'll see what I saw - my overactive mind then added "...ly retentive" - takes one to know one

clutton_2

lol !!!!!

Paul_Varjak

It does seem to me that it is no coincidence that the LL is asking the tenant to sign this document at a time when the LL also wants to arrange house viewings! Perhaps the LL is deliberately trying to make the tenant suspicious in the hope that the tenant will just move out so she can sell the house?

I am pretty sure that, providing the LL does give adequate notice for house viewings, this would not breach the tenants right to 'quite enjoyment', but it seems to me that the LL may already have a buyer she wants to sell to!

I will shut my mouth now, cos I don't know what I am talking about - I will get my fiancee to translate into Cebuanan, Tagalog, Japanese, Spanish and German and two other languages (i have never heard of) later - she is so much cleverer than me!

G_M

I am pretty sure that, providing the LL does give adequate notice for house viewings, this would not breach the tenants right to 'quite enjoyment',

I am pretty sure that, even if the LL does give adequate notice for house viewings, this would breach the tenants right to 'quite enjoyment'.

Or to put that in plain English, blah-di blah-di blah-di blah-di blah.

(sorry - late - off to bed)

Paul_Varjak

Okay G_M it does seem you are correct, especially as the landlord wants viewings with more than six months of the contract outstanding. Does the right to quiet enjoyment override anything in the contract agreement?

I know when I was in a Council house for a while, the Council seemed to think they had a right to vist my home anytime they wanted (without notice). Sometimes they just let themselves in! In the end I had to write a stiff letter to the Council:



Dear Mr. P******

I wrote to you by e-mail on May 9th asking you to provide written confirmation that your agents/servants will not seek access to my home without prior written agreement. You did not provide such confirmation.

A written appointment was made for 28 July for V***** Windows to come to my home. Upon arrival, the installers sought entry and showed ID before being admitted. But, later that day, Mr. A*** W****** of C***** and G**** came to my home and simply let himself in. I was not informed of his visit and his entry to my home was unauthorised.

Installation of the windows is not yet complete and the installers are due to return on Monday 31 July. I am happy for the installers to complete the works on that day but, in order to prevent unauthorised access by others, all exit doors will remain closed and locked whilst they are in my home.

After completion of the window installation, entry to my home by any servants/agents of the Council is BARRED unless I am in receipt of an agreed appointment (in writing) from a Council officer (unless entry is at my request or there is an obvious emergency). This also applies to anyone wishing to inspect the windows.

I would remind you that, as a tenant, I have a right to ‘Quiet Enjoyment’. If your agents/servants simply enter my home without permission or seek entry to my home without prior appointment then I reserve the right to seek legal redress to stop this.



Yours sincerely


Paul Varjak

G_M

Okay G_M it does seem you are correct, especially as the landlord wants viewings with more than six months of the contract outstanding. Does the right to quiet enjoyment override anything in the contract agreement?

Now you're in real deep legal territory I think. Explicit Vs implicit covenants.

I think you need a solicitor. You might even need to test it in court for an answer...