landlord has key???

picnic

im a carer for 2 disabled ladies (both early 20's) who rent a property, they have not had a new contract since 2005, despite repeated asking. the landlord and his partner both enter the property without notice or warning at any time day or night (once when one was in bed and the other was in the shower.) the landlord has now demanded they be in on friday so that they can discuse a missing payment. the ladies are sure they paid the month in question via a cheque and i have advised them to request a copy of said cheque from there bank, which of course takes time. the landlord has told them that they will go through there bank details when they arrive!!! i have to tread very carfuly as although i care (not just because im paid too) i dont like to overstep the mark..

any advise / help would be much appriciated. i dont like to see these ladies bullied this way. :mad:

clutton_2

A tenant is entitled to "Quiet enjoyment" - this is a legal principle enshrined sooo deep into Tenant and Landlord legislation that it goes without saying that the law categorically says that NO landlord can enter ANY property (unless for extreme emergencies such as gas leak etc) without the tenant's permission. The tenants are fully legally entitled to change the locks if they wish.

However, since their Tenancy Agreement is now expired and therefor now on a "periodic basis" - the landlord can give them 2 months notice to quit he wishes.

BUT, they do not have to leave just because they have been given notice. He would have to go to court to get a court order to get them out. EVen then, he would have to get the bailiffs to get them out. This landlord clearly is either ignorant of his legal duties and obligations, or he is a bully - or both.

Particularly because these ladies are disabled, a court would take an extremely strong view of this behaviour.

My advice would be to

Write to him sayhing that this meeting is not convenient and would he care to write to them. If he does not respondl then, either

go to Shelter - and ask them to write to the landlord

or go to the local authority private landlords officer

or go to the local authority disability officer

or even go to the police - he is trespassing and possibly harrassing them

or ask a CAB worker to come to the house to meet with you, the tenants and the landlord.

Whatever you do, you will need to have witnesses to this "meeting" which alleges non-payment of rent. Ask him to provide a full statement of the account.

Do these young ladies have a social worker ? if so s/he may know the name of the appropriate council employee to help.

Don't let these people bully them. You do not have to let them in.

Having said all that, confrontational approaches often cause more long-term problems, so, armed with the info you will get on here, maybe an initial quiet friendly chat might be the first step ?

lots of luck

silvercar

if they have not had a new contract, the tenancy is now on a periodic basis and perfectly legal.

Ask the ladies if they would like you there when the landlord visits.

Has the landlord been difficult in the past?

We don't know the landlord's side of the story. He could well be missing a rent payment and wants to visit them to sort it out. Just because he's a landlorddoesn't mean he's an ogre.

clutton_2

any "decent" landlord would NOT walk into a property unannounced - particularly with two female tenants, and particularly as they are disabled.

deary65

perfectly legal.Could you explain what you mean by "legal"

silvercar

After the end of an AST, the tenancy becomes periodic. All the terms of the agreement still apply except notice periods are reduced (1 month for tenant, 2 months for landlord AFAIK). I was trying to say it is not necessary to sign another AST for another year.

prudryden

silvercar wrote:

After the end of an AST, the tenancy becomes periodic. All the terms of the agreement still apply except notice periods are reduced (1 month for tenant, 2 months for landlord AFAIK). I was trying to say it is not necessary to sign another AST for another year.

Unless you add a Memorandum to the original contract at the beginning of the periodic, which both parties sign reinterating the two month notice by the tenants.

picnic

thank all for the advice. they have tried to contact the cab today (answer machine) they are also going to contact shelter. im most concered that the land lord has a key and feels that it is ok to use it as and when they like. :mad:
there are 3 other carers and there is always one with them, there social worker is not much help either, iv only been with them work wise for the last 6 months but have known them much longer. i will pass on all the advice you have given and see how it goes.
once again thank you all so much :beer:

Bossyboots

If their own social worker won't help before Friday, then ask to speak to the team manager or even a duty social worker. You might have to overplay the issue of him walking in when one was in the shower to get them to take notice but these are vulnerable women being put in an even more vulnerable position.

black-saturn

They are within their rights to change the locks if they want to.

Bossyboots

black-saturn wrote:

They are within their rights to change the locks if they want to.

I can't imagine that is true but I know someone who would find it very useful if you could point me in the direction of the relevant law on that. You aren't even allowed to change the locks on a privately owned home if one owner moves out, so I can't see how you can do it on someone else's.