Landlord's contractors

Darksun

Recently, our landlord has been sending various contractors around to examine our property (architects, surveyors, decorators, builders etc). It's now got to the stage that one or two are coming a week. I know that the landlord and her contractors are allowed reasonable access to the property if they give notice (usually we have been getting an email from the letting agency the day before), but at what point does it go beyond reasonable, and is there anything we can do about it?

Also, we have not been told what exactly the planned work is, but my wife was talking to the builder that was sent around the other week, and he said they've been asked to do some major redevelopment which will involve moving ceilings and walls and will make the property uninhabitable for several weeks or months. I asked the letting agency and they said "as far as they know" the landlord doesn't plan to do the work while we are still occupying the property, but our tenancy agreement doesn't expire until July 2012, so I'm just wondering why there is such a flurry of activity now if the work isn't planned for at least a year. What I want to know is if the landlord can force us to move out to do the works while we are still within the tenancy agreement?

westlondonbuyer

Your landlord cannot access the property without your consent except in emergencies.

More landlords and tenants need to know this - whatever is specified in your contract is irrelevant; it's the occupier's common law right to quiet enjoyment which takes precedence in any dispute about reasonable access. This is why good landlords do everything possible to maintain very good relations with their tenants - goodwill usually achieves what the law cannot.

You have paid for exclusive use of this property until July 2012, so you're perfectly entitled to refuse access visits for non-essential maintenance purposes if you're finding they're inconveniencing you. Send a polite email (and change the barrel of the main door locks to ensure your instructions are heeded; change the barrel back to the original when you vacate).

In most circumstances, your landlord cannot terminate your contract prematurely, though we need to know the terms you'v negotiated to advise further.

Benji

I kind of agree with WestLondonBuyer, but the situation isn't quite so black and white.

There are conflicting rights

The tenant has a right to quiet enjoyment - which he can excercise by simply refusing access to the property to anyone, tradesmen, agents, even the landlord.

The landlord has various access rights. In order to exercise those, and respect the tenants right to quiet enjoyment, he may need to get a court order.

It is very uneven as both parties have righs, but I think it is a recognition of the fact that it is the tenants home and merely an asset of the landlord.

mellymeep

(I'm Darksun's Wife, the other tenant)

Currently we're on a 12 month AST with no break clause which runs till June 30th 2011, in November last year we re-signed for another 12 months which will run until June 30th 2012.

I think the most important question we have is can the landlady do works that will make our flat uninhabitable whilst we are still in the property? And even if she offers new accommodation for us can we refuse? We definitely don't want to go through all the upheaval of moving out, then back in.

angrypirate

mellymeep wrote: »

(I'm Darksun's Wife, the other tenant)

Currently we're on a 12 month AST with no break clause which runs till June 30th 2011, in November last year we re-signed for another 12 months which will run until June 30th 2012.

I think the most important question we have is can the landlady do works that will make our flat uninhabitable whilst we are still in the property?

No. Its yours until the 30th June 2012. If she fails to serve you with a section 21 prior to the 29 April 2012 its yours for longer - until 2 months after she serves you with a section 21 (as you will then be on periodic). You can deny her and her contractors access if they keep on demanding it. By the book i imagine she probably needs to provide you with a minimum of 24hrs written request asking for access. If this has turned into a weekly occurence then i believe it falls into the category of harassment and you can say no. Also, recognise that even if she provides you with 24hrs written request, you can still say no.

mellymeep wrote: »

And even if she offers new accommodation for us can we refuse?

Yes. The AST is for the use the of the property detailed in your contract - she cannot transfer it to another property without your agreement

MissMoneypenny

angrypirate wrote: »

Also, recognise that even if she provides you with 24hrs written request, you can still say no.

OP (and his wife) while you live in the property, it is your home and access to the property must be in co-operation with the tenant (unless it is a real emergency). Just because they give you 24 hours notice in writing, it still doesn't give the landlord or his contractors the right to enter if you haven't said they may do so.

Your local council will employ staff that deal with private lettings. They investigate harassment (such as entering the property when you haven't given permission) and they will deal with the landlords bad behaviour.

poppysarah

Speak to landlord and ask what's going on.
Saying it is disruptive and you would rather it all stopped.

Or do it in writing maybe?

Darksun

Just something to clarify, our tenancy agreement states "The tenant agrees with the landlord.... to permit the Landlord or the Landlord's servants or agents to enter the Premises at all reasonable times for the purpose of inspecting the Premises or carrying out necessary maintenance or repair or any work required by law or escorting prospective tenants or purchasers"

However, it also states "The landlord agrees with the tenant... that the tenant paying the rent and performing the agreements on the part of the tenant may quietly possess and enjoy the premises during the tenancy without any unlawful interruption from the Landlord or any person claiming to act on behalf of the Landlord".

I'm wondering if sending these surveyors, etc round classes as an 'inspection' in the meaning of the agreement, since as far as we are aware the work they're planning isn't necessary maintenance or work required by law. Also, would any clauses in the tenancy agreement override the legal right to quiet enjoyment (as far as I'm aware it's a common law right rather than a statutory right, does that make a difference?)

Darksun

Sorry to double post, I just wanted to update this and hopefully get a bit more advice. I contacted the LA by email to let them know we weren't happy to allow access to the contractors, this is the reply I got

"Your landlord’s representatives have visited the property twice in the last month. This does not constitute a contravention of your quiet enjoyment of the property.

We will of course ask your landlord to reschedule the contractors visit tomorrow if this is not convenient for you and we will contact the landlord in order to find out what her plans are for the future of the property. Major building works cannot be carried out whilst you are living in the property and so the landlord is aware that this work- if she chooses to complete it- will need to take place after your tenancy agreement has ended.

You do not have the right to refuse access to the property, as long as reasonable legal notice has been given. This notice is in fact over 48 hours ahead of the scheduled visit and therefore the visit is considered to be reasonable. We therefore ask you to provide us with a convenient time for the decorator’s visit to take place so that we can liaise with your landlord in order to arrange a further visit. We would never conduct works without consulting you first and you have the right to refuse contractors access, should the notice have not been given by us."


The bit I have highlighted contradicts the advice I have been given here and most of what I have read, so is the LA incorrect here? Also, do other people consider it to be a 'reasonable' amount of visits as stated in the email. To clarify, the visits we have had recently were on 20/05/11, 26/05/11 and the planned visit for tomorrow (9/06/11), as well as three visits that I don't have dates for since I wasn't emailed, but occurred in April and the beginning of May.


Now the visits aren't an 'inconvenience' as such, since they mostly occur while me and my wife are out (although one of the visits occurred without notice while my wife was in bed, and the contractors let themselves in). However, it is the fact that we are not present that most concerns me - I do not like the idea of complete strangers being in my home while I'm not present, it raises serious security concerns (and we've had bad experiences in the past)

Turnbull2000

The LA is either lying or is not aware of the law. Remember, any crook or plonker can start up a letting agency. You're entitled to refuse access as this is not an emergency. Stand your ground. Change the locks if you have to - but do ensure you put the old one's back when you leave in July.

MissMoneypenny

Darksun wrote: »

"Your landlord’s representatives have visited the property twice in the last month. This does not constitute a contravention of your quiet enjoyment of the property.

We will of course ask your landlord to reschedule the contractors visit tomorrow if this is not convenient for you and we will contact the landlord in order to find out what her plans are for the future of the property. Major building works cannot be carried out whilst you are living in the property and so the landlord is aware that this work- if she chooses to complete it- will need to take place after your tenancy agreement has ended.

You do not have the right to refuse access to the property, as long as reasonable legal notice has been given. This notice is in fact over 48 hours ahead of the scheduled visit and therefore the visit is considered to be reasonable. We therefore ask you to provide us with a convenient time for the decorator’s visit to take place so that we can liaise with your landlord in order to arrange a further visit. We would never conduct works without consulting you first and you have the right to refuse contractors access, should the notice have not been given by us."

Not only are they violating the covenant of quiet enjoyment of your home but that email has undertones of harrasement and bullying. They do not have the right to enter your home without your permission (unless it is an emergency).

It doesn't matter if they have given you notice in writing, as you can still refuse them.

It dosn't matter what they have in their contract as you can't take someones legal rights away in a contract.

They clearly don't know the law or worse, are ignoring the law and are bullying you.

Phone your local council and ask for Private Lettings. Most councils employ people to deal with allegations of harrassement, under the Protection from Eviction Act 1977. Send them a copy of that email as that is proof that not only are the LA ignoring the law, but that they also intend to continue to ignore the law.

Most councils will now take landlords and letting agents to court for harassement. If your council have already warned your LA then your email will be the evidence they need to secure a conviction in court against the LA.

Change the locks.

I've seen a contract that had the same wording as yours and wonder if it is the same agent or if letting agents are just buying these from the internet (I doubt they used a solicitor as a solicitor will know the law). I have also seen a copy of the warning letter the local council then sent that LA.

Who is your local council?