Problems with Landlord

MadameCholet

Hello, my son & daughter have a joint (shorthold I think) tenancy on a city centre apartment for 12 months, they signed for it approximately 4 months ago.

Since moving in the landlord has failed to have the bathroom light fixed (there is no window in the bathroom so totally pitch black without the light) despite several promises to arrange for an electrician to repair it .

Also, he has not registered the deposit with any of the schemes available as far as they are aware.

And the thing that is really annoying them is the LL thinks he can have access to the property regardless if they are in or not.

Yesterday the LL text them to say he needed to pick up his post, fine they said come any time after 6.30 when we will be home from work. This wasn't good enough for the LL who said he needed the post that afternoon and threatened that the bailiffs would be calling if he couldn't collect it and pay his bills.

Son & daughter insisted he could only come after 6.30 or they would leave the post with the concierge for him to collect today, fine he said I'll get my partner to collect it tomorrow.

Today whilst my daughters friend who stayed over after a late night was in bed a strange women let herself in, collected the post and went in every room in the flat whilst she was there! Probably nearly had heart failure when she saw my daughters friend lol!

Anyway the upshot is the LL has told them he has it written into the tenancy agreement that he is allowed into the flat without their presence/consent!

Please can anyone tell me if this is legal? If not what can they do about it?

G_M

Simple.

1) write a letter to the LL at the address provided by him "for the serving of notices" reporting all the faults (though I assume this has already been done....) and asking for them to be fixed. Include a list of all previous dates of phonecalss etc on the subject. Ask for the worrk to be done without delay as using the bathroom in darkness is a H&S issue.

2) change the lock. Yes - CHANGE THE LOCK.

3) Don't get involved with the LL's post. It is not their problem. Put all letters back in the postbox marked "not at this address"
The LL clearly is using his 'old' address for post because he does not want HMRC etc to know it is rented and he gets income - he is eading tax (not 'avoiding', evaiding. Include in the letter that you cannot continue to be responsible for his mail and could he kindly advise his correspondants of new address.

Read Shelter here on getting repairs done.

The local council will have a Private Tenancy Officer who may help, but they are VERY busy and only deal with urgent matters - this is serious, but by no means the worst sort of issues we read here!

However - be aware the LL may be seriously p*ssed off by all this and not renew the tenany in 8 months time. Until then, though, he can do nothing.

MadameCholet

1) all the repair request are on email so they have copies of them.
2) is this even legal?
3) the LL is very intimidating and I doubt my son & daughter would be happy to do this

Not renewing the tenancy isn't an issue they'd leave now if they could!

Section 8 That the landlord or the landlords agents or workmen may at reasonable times of day, on giving 24 hrs notice to the occupier, except in case of any emergency, enter the property for the purpose of viewing it's condition and state of repair and that of the contents, to take inventories and to execute repairs and other necessary works upon the property or any adjoining or adjacent building

The above section in the tenancy agreement is what he states gives him the authority to enter the property without their consent or presence.

BitterAndTwisted

Any idiot can write into a tenancy agreement whatever spurious and unfair clauses they like. That does not make them legal or enforceable.

Landlords need to give their tenants 24 hours notice of their REQUEST to enter the property. The tenants are fully entitled to decline. Note that the clause makes mention of the landlord viewing its condition and other necessary works etcetera (this relates to the landlord's statutory repairing obligations), not the collection of post as and when they decide they feel like it whether the tenant gives their express permission or not.

They should most definitely do numbers 1) an 2), and insist in their letter than the landlord makes other arrangements for their post, like having it re-directed.

The landlord's mail coming to the flat suggest they may not have Consent-To-Let from their lender as well as not declaring the rental-income for tax-purposes.

G_M

MadameCholet wrote: »

1) all the repair request are on email so they have copies of them.
2) is this even legal?
3) the LL is very intimidating and I doubt my son & daughter would be happy to do this

1) LETTER. To the address provided "for the serving of notices". It is not just a question of making sure he is informed, it is protecting themselves for the future - arguments about who is responsible, whether it was reported ,deposit return etc. The address "for the serving of notices" is a legally required address and he purpose is.... to serve notices - they need this legally notified to the LL in the correct way.

Letters also have more impact than emails - he might take it more seriously.

2) Yes - nothing illegal here. Possible conflict between the tenants rights and the LL's rights - but the only way to resolve that would be for the LL to go to court. Won't happn.

3) Their choice. But this mail thing is just going to cause endless trouble, so i) deal with it and ii) as above deal with it by using the address "for the serving of notices" !!

If they are intimidated, all the more reason to change the lock to protect themselves, and more importantly make themselves feel safe.

See here. 5 minutes and £5.

cran81

MadameCholet wrote: »

Anyway the upshot is the LL has told them he has it written into the tenancy agreement that he is allowed into the flat without their presence/consent!

Please can anyone tell me if this is legal? If not what can they do about it?

Hi MadameCholet, I feel for you!

Read my thread 'tenant change locks' regarding information about changing the locks. There's some fantastic advice on there and some very, very interesting artical links.

I have a similar clause in my contract which my landlord has been quick to remind me of. In my situation, the landlord thinks he can move in this week and said he needed to come in to see the state of the flat... If I had let him in I knew there would have been alot of trouble. Some posters on here told me to change my locks which I did but then changed back again to the original ones beacuse I got scared. The police had come out and told me I would have been in the wrong. However, I am now in the process of getting a complaint in - just jotting things down in some logical order and then going to speak to someone at the local police station about the fact that their officers had got it wrong. I am sure that I will feel the need to call them out again and i want to make sure that I don't get arrested for a civil matter.

It's very easy for knowledgeable people to tell you to do this... because they're confident of their rights. (The confidence does rub off on you) However, I'm growing my 'backbone' and starting to stick up for myself. If the ll does go to court regarding the change of lock I have a good reason for doing so. So will you.

The worst he can do is give you notice.

Would be very interested to hear if anyone has ever been taken to court for changing the locks and breaching their contract.

Best luck .:)

G_M

cran81 wrote: »

....
The worst he can do is give you notice.

.:)

Yes - but the notice cannot take effect for 8 months as they have a 12 month fixed term tenancy

edit: unless there is a 'break clause' (sometimes at the 6 month point) in the tenancy agreemet.

Mallotum_X

Change the locks and return post to sender.

tbs624

G_M wrote: »

Ask for the worrk to be done without delay as using the bathroom in darkness is a H&S issue.

OP - is the light switch also connected to a ventilation fan as this is an internal bathroom? If yes, then even more pressing an H&S issue & one worthy of Env Health Officer notification if LL fails to sort it.

G_M wrote: »

The local council will have a Private Tenancy Officer who may help, but they are VERY busy and only deal with urgent matters - this is serious, but by no means the worst sort of issues we read here!

A LL failing to complete repairs, threatening Ts with bailiffs and letting themselves into the property to collect post is not a trivial matter.

OP -the private sector TROs are there to give guidance to PRS Ts and to ensure that PRS LLs meet their legal obligations - they will advise you on what constitues "urgent". Yes, they do tend to be busy but Ts should not be put off contacting the TRO for fear that their query may be seen as trivial.

tbs624

OP - have the Ts checked with each of the three tenancy deposit schemes - TDS, mydeposits and DPS?

What they should know is that the LL cannot serve a valid s21 notice to obtain possession after expiry of the Fixed Term until the LL has

(a) scheme registered the deposit AND
(b) provided the T with the scheme's prescribed information

The LL can posture all he likes about calling in the bailiffs......

Regardless of what any of us post on here this young couple should seek some local advice from the TRO, talk to Shelter, and/or talk to an experienced LL&T solcitor ( they can get a fixed fee appt or may qualify for help under Community Legal Advice if they are on a low income