Tenants rights re changing locks / inspection

cran81

Hi all - I'm currently having problems with my landlord regarding notice. I sought help on here and was given some advice regarding correct serving of notice.

Landlord called today and said he had been to agents and they showed him the copy of the notice. I have not received this notice. I asked if he had proof that the notice had been sent and he replied that I had to speak to the agents.

Anyway, he wants to do an inspection next week. Firstly the time he said he was coming was inconvenient for me so I suggested another time - as one of the replies to my other suggested. He said 'no' and that he was coming on that day whether I was in or not. He also said that he was moving in next week as well. I said that wasn't possible but he was insistent that he was.

I'm confused how a landlord cannot know how the law works in this area. Just from reading the replies to my previous post I've figured out that the date is a notice to leave and that after that date you have to go to court. So, how can someone who is a landlord not know all the facts.

I come across as tough as nails to everyone but I'm really upset by all of this and have been in tears private. At the end of the day if this does end up in court who is the court going to believe? A tenant or an agent who has been in the business for years. I didn't get notice but I did mention in our 'informal' chats that I was thinking of looking for a bigger place at some point. Feel like a total mug because I thought you could have a good relationship with these people.

Just been waffling - just basically, is a phone conversation enough to give me 24hours notice of an inspection and secondly, can I change the locks without giving the landlord / agents the key. and, I suppose thirdly, what if the landlord steps foot in the property and then refuses to move?

Thanks in advance.

G_M

You have already been given advice on your earlier thread.

Change the locks.
WRITE to the landlord (and copy the agent) denying you've received Notice and specifying what dates/times you ARE willing to allow inspection, and asking him to contact you to arrange a mutually acceptable time.

Since you seem slightly intimidated by the LL, and unsure of yourself, have a friend present when he does come to inspect.

Don't open the door to the LL at an un-arranged visit if you fear he will force his way in. If he does, call the police.

Turnbull2000

Neither landlords nor letting agents have to know the rules and regulations of letting, so it shouldn't come as a surprise.

Is it also not true that over half of new landlords are of the type who couldn't sell at the price they demanded, so instead let out without an ounce of knowledge, retain an emotional attachment to the property and basically expect to sell up and evict on a whim?

It's scary that these small-time plonkers are likely to be providing housing for a generation of younger workers.

cran81

Thank you G_M and Turnbull2000.

I'm going to send an e-mail to the agents right now (scared!).

I actually bought a new yale lock after the replies to my previous post but am petrified about changing the locks because I'm scared that I'm doing something wrong. But I will do so tonight. I better double check my contract to see that I am allowed to. Kind of defeats the object if I have to give them a copy of the keys.

Thank you again.

marliepanda

cran81 wrote: »

Thank you G_M and Turnbull2000.

I'm going to send an e-mail to the agents right now (scared!).

I actually bought a new yale lock after the replies to my previous post but am petrified about changing the locks because I'm scared that I'm doing something wrong. But I will do so tonight. I better double check my contract to see that I am allowed to. Kind of defeats the object if I have to give them a copy of the keys.

Thank you again.

It doesnt matter what your contract says. You can change the locks and not give the agents/LL the keys, even if the contract says you cannot.

The LL is acting unreasonably, so you are within you rights to take action to prevent him accessing your property unlawfully.

You do not even have to tell the LL that you have changed the locks, simply stating that you do not give permission for access without your prior consent and presence. If you are there, they don't need a key, and the only way they will find out you have changed the locks is by attempting to access the property unlawfully.

Remember this is your home, and you have the sole right to possess it whilst you are paying rent. It is your property, simply the landlords investment. Many landlords do not realise this.

girl_withno_name

cran81 wrote: »

Thank you G_M and Turnbull2000.

I'm going to send an e-mail to the agents right now (scared!).

I actually bought a new yale lock after the replies to my previous post but am petrified about changing the locks because I'm scared that I'm doing something wrong. But I will do so tonight. I better double check my contract to see that I am allowed to. Kind of defeats the object if I have to give them a copy of the keys.

Thank you again.

When G_M suggesting writing to the landlord, they'll have meant by letter (not email, text or similar)!

BitterAndTwisted

Follow up your email to the agent IN WRITING, as in a proper and formal letter, copying in the landlord.

He cannot move in next week, even if their purported notice was received by you. Only a court can award the landlord possession of the property.

G_M

cran81 wrote: »

Thank you G_M and Turnbull2000.

I'm going to send an e-mail to the agents right now (scared!).

I actually bought a new yale lock after the replies to my previous post but am petrified about changing the locks because I'm scared that I'm doing something wrong. But I will do so tonight. I better double check my contract to see that I am allowed to. Kind of defeats the object if I have to give them a copy of the keys.

Thank you again.

No NO NO NO NO NO!

1) write a LETTER

2) address it to the LANDLORD (as advised in your other thread) and send a copy to the agent.

AND CHANGE THE BLOODY LOCK!

Re: rights:
1) the landlord has a right of access, esp if it is expressly written in the tenancy agreement BUT
2) the tenant has a right to 'quiet enjoyment' of the property - ie no interference AND
3) the tenant has a right to protection from harrasment (Protection from Eviction Act 1977 ) which I believe applies here as the LL is threatening illegal eviction as well as access

These rights can conflict.

So where a tenant makes clear he denies access and wishes to enforce his 'right to quiet enjoyment' (hence the importance of a LETTER) the LL must get a court order in order to enforce his right of access. Without a court order he would be at serious risk of criminal harassment.

Secion 1 3A a) of the 1977 Act:

" the landlord shall be guilty of an offence if—
(a)he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or....."

marleyboy

Illegal trespass or breaking and entering a property is a criminal offence. Change the locks and bolt the doors shut. As soon as anyone attempts such an offence on your property, call the police and report someone is attempting to break into your home.

Simply saying "but I am a Landlord officer." is not going to change an offence being committed.

The landlord harasses the tenant

It is an offence for your landlord to do anything which they know is likely to make you leave the home or prevent you from exercising your legal rights. This would include, for example, repeatedly disturbing you late at night or obstructing access to the home, creating noise, disconnecting supplies of water, gas or electricity where your landlord knows that this is likely to drive you out or discourage you from insisting on your legal rights.
If you are subjected to harassment, the matter should be reported to the Tenancy Relations Officer of the local authority or to the police.
It's against the law for a landlord to harass you because of your disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexuality. Harassment can include both actions and language that you find offensive.
I'm a woman living on my own in a rented flat. The landlord has kept the keys and keeps coming round. He says it's to check on the property, but really he just makes suggestive comments to me. I don't know what to do. I don't want to say he can't come into the flat in case he evicts me.
Your landlord doesn't have the right to treat you like this. This is likely to be sex discrimination. And although he has the right to keep a set of keys, he doesn't have the right to come into your flat whenever he feels like it. You need to see an experienced adviser who will help you deal with this landlord.

If you are being harassed by your landlord you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
You can also find further information about your rights from protection from harassment in a booklet on the Local Government and Communities website at www.communities.gov.uk.

http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/common_problems_with_renting.htm

cran81

Thanks everyone!!

A written letter then sent by recorded delivery tomorrow to both the landlord and the agent.
Thanks everyone for correcting me regarding its format. I'll pay more attention to the replies to my posts - promise!

I know I'm sounding really pathetic but I'm waiting for a friend to change the yale lock for me. Scared of making a hash of it (I could and would!) and scared I'm doing something wrong. Hopefully all be done tonight.

Thank you so much for the replies - the reassurance is unbelievably helpful.

Yorkie1

I would NOT use recorded delivery - if they refuse to sign for it then there's no proof of service.

Send it from a post office with free certificate of posting. It'll be deemed served 2 days later.

Good luck.