landlord has key???

Herb

RichyRich everything you quote is away from the thread - that of 2 tenants who have an Assured Shorthold Tenancy.

The landlord owns the property - the rest is pompous claptrap.

roswell

Excellent post richyrich but the tenants are on an expired AST, so not relivant.

prudryden

The simple immediate solution just for now is to put a chain on the door when you are home.

If you discover that he has gone into your home, when you are not there and you have proof that he was there and it wasn't an obvious emergency - then throw the book at him.

prudryden

Good post Richy - your talents are being wasted here.

real1314

a few simple comments...

1. a chain lock is a good move. easily busted in case of emergency, but of course evidence of it being busted would need to be backed up with evidence of emergency (an independant witness would normally be ok)... and what's more, you can alwalys split a link and insert a small padlock so you can even use it when out!!!

2. All that dreary stuff - ignore it. He/she quotes the "common law" right to quiet enjoyment. I sincerely doubt that he/she has properly researched this, or anything else sh/he quotes. a few law book read throuhgs does not equip anyone for a courtroom argument. nor his/her alludations to having a career in law. he/she's a poseur imo.

3. Changing the locks could be viewed as criminal damage if done without legal authority as it damages the existing property. In most cases landlords hold keys and NEVER enter without permission. I even feel uneasy if tenants have said it's ok but they're not in when I'm doing something they've asked for. maybe I'm the exception, but maybe it's the bad 'uns that are????

4, If the Op / Their pals want to move, they probably should - peace of mind is hard to "buy", You can always PM me and I might be able to set a property up. I know that's cheeky, but then again I might not and I'd still give good advice either way!

clutton_2

i cannot believe this thread - 2 ladies need help. Initially some sensible advice was put forward. then a whole load of irrelevant rubbish, nit-picking nonsense, and personal argument ensued.

How has all that helped them ?

they will be scared that if they "kick up a fuss" or "claim their rights" - they will be kicked out ..........

Can folks please stop trying to score intellectual points against each other, and return to helping the OP ?

debt23

Hi all,

Not sure if its relevant here - but when I rented a property some years back the LL came and went as he pleased.

When challenged, he claimed he was only sub-letting the property to me and as he still kept stuff their (there was some bits in the loft and the spare room) he was, in effect, still a tenant himself, so there was nothing I could do to stop him.

I came home one day and found he had taken the double bed I was using and left a single in its place!

Still, he came home one day and found Id taken the three months rent I owed him and left nothing in its place.

All the best

debt23

deary65

So sorry, for those whom might read the thread which makes for most interesting reading.

A little education for you prudryden

The term “real” and “estate” have in law a legal meaning. An estate in law is the assimilation of a person's assets. “Real” estate is when that asset can “vest”i.e. When it runs in the blood and therefore capable of inheritance. I have had briefs sent to me by solicitors saying that a lease hold interest is vested, a leasehold interest never vests, it forms part of that persons personality. So the next time you use these words you will understand their meaning. If you need I little more education just post.

But I agree with clutton these ladies asked for advice, quit clearly their mental security in their home had been disturbed, I think that calls for more understanding from the forum, that after all is the ethos of this site.

franklee

It's a shame that so much of the advice covers what decent landlords would do and what tenants with decent landlords should do.

LittleAngel84 and beaniebaby, obviously you've got a stinker of a bullying landlord. Entering the property "without notice or warning at any time day or night" (!!!!!! business can a landlord conduct at night?). Demanding an extra three months rent, demanding to see bank statements. All this is harassment which carries serious penalties.
I say document and collect proof of the harassment. Find out about moving on. Then you can take a firm line with the landlord, kick up a stink and if he then forces you to move sue the bully for every last thousand!

You need to be clear what type of tenancy you are on. Was your original contract an assured short hold tenancy? If so then from picnic's original post I'd guess you are now on a periodic tenancy as you have not had a new contract since 2005. Do you think you have agreed a more recent fixed term? If you are on a periodic tenancy your landlord can give you two months notice to leave by issuing a Section 21 notice. This notice doesn't need you to be a fault so provided the landlord gets his paperwork right he'll be awarded possession. Not that you have to leave within two months if the council are going to rehouse you, they often want tenants to stay till the landlord goes to court and wins possession etc.

You say the landlord tried to kick you out before but obviously didn't, what happened that time? Why did he fail? Maybe this means you are on a different type of tenancy?

In view of your disabilities there must be help with housing surely? You really need to talk to shelter and the local council and social services. If they get you no where then there's always your MP's surgery, these often deal with housing issues and given the horrible situation I'd hope your MP leaps into action!

I understand you don't want to get in dispute with your landlord and lose your house but what is the alternative, put up with it and the bullying landlord will take even more liberties and he can probably give you notice anyway?

JanCee

Some useful information for the OP and her friends who are the tenants. There is a booklet available free of charge called ;

Assured and assured shorthold tenancies:a guide for tenants. From

Communities and Local Govt Publications
PO Box 236
Wetherby, LS23 7NB
Tel: 0870 1226 236
email: communities@twoten.com

Also lots of information to be found at https://www.direct.gov.uk

There is also a free booklet for landlords, maybe you should order that as well so that you are also clear as to what the landlord's rights are. You could also order an extra copy and give it to him so that he knows not to overstep the mark. However I think any kind of confrontational approach should be avoided.

Good luck.