Very worried, please help!

BitterAndTwisted

Statute trumps any contractual term. All tenants are entitled to "quiet enjoyment" without exception although I take your point that in this particular case changing the locks is likely to fan the flames but in this situation I'd not think twice about doing it, especially after being threatened and intimidated with bringing reinforcements round.

Tenants are entitled to "log" anything they like with the letting agent but as the tenants are not paying them their fees and commissions, they cannot be relied upon to do anything. Would you willingly alienate your paymaster? Never forget that the only entity that has a contract with the agent is the landlord. In this case a numpty who turns up !!!!ed and threatens his tenant.

Edit: if you have signed a 12 month contract you are legally bound to pay the rent for the entire term in full UNLESS your landlord agrees to release you from it in writing.

Blacksheep1979

It may be worth talking to the police to register that this has happened (especially if there's multiple witnesses to threats of violence). If it happens again in the future the police are likely to take it more seriously - again, if he ever reappears and threatens you call the police, explain your landlord is there and threatening you and threatening to call other people up to come assault you and they should appear fairly quickly.

Speaking to the Uni is also a good plan as landlords like this shouldn't be 'recommended'.

drgreenthumb1238

BitterAndTwisted wrote: »

Statute trumps any contractual term. All tenants are entitled to "quiet enjoyment" without exception although I take your point that in this particular case changing the locks is likely to fan the flames but in this situation I'd not think twice about doing it, especially after being threatened and intimidated with bringing reinforcements round.

Tenants are entitled to "log" anything they like with the letting agent but as the tenants are not paying them their fees and commissions, they cannot be relied upon to do anything. Would you willingly alienate your paymaster? Never forget that the only entity that has a contract with the agent is the landlord. In this case a numpty who turns up !!!!ed and threatens his tenant.

Edit: if you have signed a 12 month contract you are legally bound to pay the rent for the entire term in full UNLESS your landlord agrees to release you from it in writing.

This is always the problem with letting agents. They know which side their bread is buttered on. I just want to avoid confrontation. I was hoping tht the landlord might be prepared to release me from my contract so as I don't kick up too much of a stink. I know that will seem like a cop-out, but equally, if I make things difficult for the landlord, I'm concerned about retaliation.

slummymummyof3

drgreenthumb1238 wrote: »

It's a he by the way! My concern is by making waves I invite some sort of retaliation. Having said that, if you never stand up to bullies that they continue their merry way. This is why I'd like to escape my contract, as after last night's events, there is a total breakdown in terms of our relationship/respect.

Apologies!!! I incorrectly assumed you were female.

I totally understand your concerns and why you wish to escape the contract. Whilst I can see the logic in some posters suggesting you change the locks, I think it could inflame the situation and you could find yourself in breach of contract. Don't really know what else to suggest to you that would be helpful other than logging the incident with the police and asking them to go and pay the LL a visit; he may think twice about behaving in such an inappropriate manner again.

G_M

I cannot believe the continued rubbish being posted. The OP has a right to, and should, protect himself. Having thought again, I cannot improve on what I said several posts ago:

WHATEVER it says in your contract, you have the right to 'quiet enjoyment' of your home. This does NOT relate to the volume of noise!! but refers to your legal right not to be harassed or interrupted by your landlord.

He can only enter with your permission.

Your were probobly in breach of your contract (I'm guessing there is a clause about noise and/or nuisance to neighbours) but that does NOT give him the right either to come in unannounced/uninvited (he was trespassing) or to intimidate you (harassment by a landlord is a criminal offence).

My advice:
1) change the lock. Take out the barrell (keep it to replace when you leave) and put in a new one (£5 from B&Q?). That stops him from illegally walking in.
2) report the drunken threats to the police - get it on record even if no action is taken at this point.
3) write to the landlord - yes, a letter. Make it official. a) apologise (no point aggrevating the situation b) ask him to make an appointment if he wants to come to inspect c) Remind him you are entitled to have guests round d) tell him if he gets complaints in future (whether about noise/anything else) he should approach YOU, not your guests, and should do so by phone or at the door, not by trespassing. You will be happy to speak to him if there is a recurrance, but in an appropriate way and at an appropriate time/place - ie not by gatecrashing/trespassing.

By all means cc the agent if there is one, but the name on the OP's contract is the Landlord's name, not the agent. The address for the official serving of papers on the contract is the landlord's address (though this may be a postbox, friend/relative's home, or agent). But it is the Landlord that official papers and letters go to.

As for the relationship, if you review my posting history on this site you'll see I set high store by the importance of maintaining good landlord/tenant relationships.

In this case the relationship is broken. It's gone. Just the legal rights and obligations remain. Use them!

drgreenthumb1238

slummymummyof3 wrote: »

Apologies!!! I incorrectly assumed you were female.

I totally understand your concerns and why you wish to escape the contract. Whilst I can see the logic in some posters suggesting you change the locks, I think it could inflame the situation and you could find yourself in breach of contract. Don't really know what else to suggest to you that would be helpful other than logging the incident with the police and asking them to go and pay the LL a visit; he may think twice about behaving in such an inappropriate manner again.

It's ok, I'm short and slight, although it does mean I don't look 30!:T I'm inclined to agree re the locks. I think the police and ensuring that he is removed from the university approved list will be the best bet. He doesn't seem the sort to listen to reason, but equally I don't want to just roll over and let him "win"...aaah why can't I just have a reasonable landlord?! I mean who rents to students, but reacts like that to a party?

slummymummyof3

It was your earlier post where you included details on your height that made me incorrectly assume you were female!

These type of people can't be reasoned with....perhaps if you log the incident with the police and then go and find out what your rights are as far as ending the tenancy agreement early. If the LL has threatened you with violence, there must be some legal loophole for you to get out of it.

melancholly

drgreenthumb1238 wrote: »

It's ok, I'm short and slight, although it does mean I don't look 30!:T I'm inclined to agree re the locks. I think the police and ensuring that he is removed from the university approved list will be the best bet. He doesn't seem the sort to listen to reason, but equally I don't want to just roll over and let him "win"...aaah why can't I just have a reasonable landlord?! I mean who rents to students, but reacts like that to a party?

it may be worth seeing his reaction now... maybe he was just a drunk idiot and will apologise? i think involving the uni accommodation office is a really good idea - he'll want to stay on their list (and if he's on there, they should have checked that he's ok with all the regulations for HMOs etc).

there is no way he should have let himself in and half of me is all for going to the police, but the other half is thinking that you still need to live there for the rest of the year. perhaps going with uni help to remind him of the rules of entering as a landlord is a good first step?

otherwise, he has been unreasonable enough to have broken the contract so i'd hope that would be enough for you to be able to leave if it came to it.

decide what outcome you want - if you are prepared to find somewhere else, then go for it. if not, try and negotiate a bit more (i think renting a new place as a student for part of the year is a bit more tricky than someone who is working.....)

if you change the locks, you would have to inform him about it and probably provide a set of keys. with a shared house with that many people, the chances of him needing access over something is high so he'd find out. at the moment, you are 100% in the right.....unless your safety is threatened (and if you are that scared, stay with friends and tell him you're leaving), changing locks might work against you.

drgreenthumb1238

slummymummyof3 wrote: »

It was your earlier post where you included details on your height that made me incorrectly assume you were female!

These type of people can't be reasoned with....perhaps if you log the incident with the police and then go and find out what your rights are as far as ending the tenancy agreement early. If the LL has threatened you with violence, there must be some legal loophole for you to get out of it.

I put my height/weight to illustrate the point that his was a total overreaction. I'm not intimidating physically at all, so he cannot try and make out that HE felt threatened in any way. As I've said before, I would hope that there would be, if only it's a case of me trying to twist his arm, in order to keep me quiet. This could be very naive on my part. Maybe I should see if I can get one of those free half an hour consultations with a solicitor and see where I stand.

Once again, thanks ever so much everybody for the advice and support. The "inspection" was an empty threat as nobody has been round, probably nursing his hangover. I just wish I had had a recording device to have recorded last night's debacle...

G_M

slummymummyof3 wrote: »

It was your earlier post where you included details on your height that made me incorrectly assume you were female!

These type of people can't be reasoned with....perhaps if you log the incident with the police and then go and find out what your rights are as far as ending the tenancy agreement early. If the LL has threatened you with violence, there must be some legal loophole for you to get out of it.

slummy - please stop giving erroneous advice when you are not sure.
The OP has already been told the tenancy can only be ended early with the landlord's agreement.
Even if the LL were charged by the police with criminal harrasment and/or assault, and convicted, that would not alter the (civil) contract which the tenant signed. (civil as opposed to criminal, not civil = 'friendly'!)

The tenant is contracted to pay rent, and must continue to do so unless the contract is ended by agreement.
The landlord must act in accordance with the various laws governing tenancies (no harrasment etc) and that is separate. That is what needs addressing here.

Oh - and can we avoid 'heightism' please?