Bad landlord can I warn prospective tenants

DVardysShadow

Pumpkinbum wrote: »

... I am assuming that LL will want to rent flat straight after we move out so viewing will happen while we are here. Our contract states that 24 hours written notice is required for viewings. Can we stipulate that they can only happen when we are here and only during daytime?

As you feel so badly about it and you have changed the locks. why not just let the viewings happen?

If you are out, they will not get in, And if you are in, you can be frank about your experiences....

drummer_666

paddedjohn wrote: »

even with the 24hr viewing clause in your contract, it has to suit you. If you are busy and dont want visitors then he can whistle, its your home to enjoy peacfully until you leave

i'm afraid that's incorrect. they only have to give you 24 hours in writing, you do not need to be available. as long as they have given you the notice they can go in.

maybe unfair on the tennant, but that's the law and the LL needs to be able to access their property

i would tell people viewing tho, as long as you don't need a reference!!

lighting_up_the_chalice

drummer_666 wrote: »

i'm afraid that's incorrect. they only have to give you 24 hours in writing, you do not need to be available. as long as they have given you the notice they can go in.

maybe unfair on the tennant, but that's the law and the LL needs to be able to access their property

i would tell people viewing tho, as long as you don't need a reference!!

Oh no.... On, no no...... Oh, no no no no no.

Regardless of what the contract says, there is legislation in place to protect you. If the tenant doesn't want viewings, then the LL has no right to gain entry for viewings.

After all, the contract might say that the landlord can break the tenants thumbs if they fall into arrears, but that wouldn't make it legal, would it?

ViolaLass

drummer_666 wrote: »

i'm afraid that's incorrect. they only have to give you 24 hours in writing, you do not need to be available. as long as they have given you the notice they can go in.

maybe unfair on the tennant, but that's the law and the LL needs to be able to access their property

Nonsense. They only have the right to access without your permission in an emergency. Otherwise, it is your home, regardless of who owns the building.

jamie11

drummer_666 wrote: »

i'm afraid that's incorrect. they only have to give you 24 hours in writing, you do not need to be available. as long as they have given you the notice they can go in.

maybe unfair on the tennant, but that's the law and the LL needs to be able to access their property

i would tell people viewing tho, as long as you don't need a reference!!

Completely wrong. You can refuse all viewings if you wish. As long as you are a tenant you have the right to refuse entry to anyone, including your landlord.

DVardysShadow

drummer_666 wrote: »

i'm afraid that's incorrect. they only have to give you 24 hours in writing, you do not need to be available. as long as they have given you the notice they can go in.

maybe unfair on the tennant, but that's the law and the LL needs to be able to access their property

i would tell people viewing tho, as long as you don't need a reference!!

That's not the law for viewings for successor tenants.

Pumpkinbum

Thank you for all the responses I am inclined to tell the LL he can show people around on our terms, if he doesn't like it he can do one. I will then be honest with prospective tenants if they ask me anything. When I was looking for a property and tenants were there I always asked why they were moving, so hopefully the new tenants will ask the same question.

I don't really want him to know that we have changed the locks as I feel it is just ammunition for him to say that we have breached the contract, although it would be funny for him to try and let himself in as we have cctv set up so could make for funny you tube clip.

tbs624

drummer_666 wrote: »

i'm afraid that's incorrect. they only have to give you 24 hours in writing, you do not need to be available. as long as they have given you the notice they can go in.

maybe unfair on the tennant, but that's the law and the LL needs to be able to access their property
!

As other posters have said, drummer_666's opinion is wrong.

Don't confuse the implied covenant allowing for access for the purpose of complying with repair/maintenance obligations with access for viewings by prospective new Ts/buyers. In any event, the AST affords T exclusive occupation for the duration of their tenancy - unless there is a genuine emergency (as Viola Lass says) if the LL requires access to the property and the T refuses, the LL's only real way forward is to seek a court order to enforce that access.

A LL who, according to the T/OP, is failing to meet their very basic S11 repairing obligations and is behaving in a way which sounds like tenant harassment is unlikely to want to go down that route and have his own shortcomings shared with the court.

Any LL or LA who simply lets themselves into a property when a T has said "no" is an idiot. Tenant harassment is a criminal offence and this LL has already apparently verbally abused the Ts and contacted them in the middle of the night. Add accessing the property without T agreement, plus a refusal to deal with heating issues, and it could seem that he was trying to get his Ts to leave the property.

I agree with Annisele's post except for the comment about slander - it what is said is true, and you can show it to be true, then there is no slander.

OP - you don't say how much longer you have left until expiry of the Fixed term but if you are without heating for space/water the LL absolutely has an obligation to sort this out. The local Council should have a private sector rentals officer - usually has title of TRO (tenancy relations officer) - who can help you with this. You may also want to google Shelter's pdf Getting Repairs Done.

TROs like to know of errant LLs on their patch so keep him/her advised of your LLs methods.

As for your tenancy deposit, LL has to be able to show that you have not returned the property in the same condition as when originally let to you (except for fair wear and tear) -

(a) he will struggle to do so with out a jointly signed inventory or other good evidence from the start of the tenancy
(b) further protect yourself by taking plenty of detailed and date evidenced photos at the end of your tenancy ( inside any white goods, on top of shelves, inside lav, bath, basin etc.

Keep any texts from the LL ( and maybe consider having a separate cheap mobile for him to contact you and getting a new sim card/no for all other calls. You can then as G_M says switch the LL off at night, whilst retaining the option of emergency contact from friends/family etc)

As for having changed the locks being a breach of contract, when a LL has behaved as yours seems to have done, changing the locks is an acceptable thing for a T to do.

Keep any further dealings with the LL in writing, with copy kept by you. Having an appropriate paper trail means that it can be shown who is, and who is not, acting reasonably.

As for references for future LLs, experienced LLs know that there can be these sorts of issues between LL & T and the lack of a ref from one LL does not mean that you will be flagged as an unsuitable potential T elsewhere.