unbelievable landlord behaviour

silvercar

Couldn't believe this but true.

OH's firm had a young worker from overseas. She found accomodation and the firm took out the AST. Worker goes on holiday for two weeks and comes back to flat to find the landlord has let someone else live in the flat for the 2 weeks she was away!

She got back today to find a dirty bathroom, her bed had obviously been slept in etc.

She now wants to move out. The firm took the landlord to task who claimed they were over reacting and anyway have a right to enter their property whenever they want (I know they don't).

Can they get recompense for the aggrevation? are they obliged to continue paying the rent as in the AST? Any chance of getting the deposit back?

At the moment the firm says they will go to court if necessary.

jiblets1

I thought landlords had to give notice that they were coming?

black-saturn

The tenant is entitled to private and peaceful enjoyment of the property which does not include having someone use it while your away. The landlord has breached the terms of the tenancy agreement. The tenant should seek advice from a solicitor or the CAB about this as he has broken a legal agreement. The landlord is also supposed to write to the tenant to let them know when they are coming round and it should only be for repairs. They should also not let themselves in uninvited.

The tenant is also within her rights to change the locks.

amboy

black-saturn wrote:

The tenant is also within her rights to change the locks.

You forgot to add that they should hand a new key to the LL after changing locks.

devils_advocate

You forgot to add that they should hand a new key to the LL after changing locks.

They don't have to.

david29dpo

can a tenant change the locks and refuse to give the LL a key??? with answers from tenants and LLs be different??

musey

devils_advocate wrote:

They don't have to.

Quite correct and in the circumstances described I certainly wouldn't be handing over a set of keys.

As usual for more definitive advice contact either Shelter or your local Council's housing dept. Our council has a dept called "Private Rented standards" which is extremely helpful to tenants, well helpful also to us lanlords who work in the system and do our best to provide decent accommodation to our tenants.

black-saturn

The tenant is entitled to change the locks and not give the landlord a key. In fact they don't even have to tell them they've done it. The landlord shouldnt be there when they are not there anyway.

silvercar

The tenant now does not want to continue with the tenancy having had their home invaded in such a manner. Can they use the unreasonable landlord behaviour to cancel the contract?

black-saturn

Yes I think she can but she might have to do it through a solicitor. The landlord breached the terms of the contract so it can be ended. if it were the other way round the landlord would want to evict so it works both ways.

Gorgeous_George

Is the Tenancy Agreement with the worker or her employer?

If she has an agreement, it's a no-brainer. If the firm have an agreement, I'm confused

Was she paying rent for the two weeks while she was away?

Sounds very strange, if true.



GG