Landlords let themselves into the house

Velcro_Hotdog

Quick question for the land lords on here (if you wouldn’t mind answering)

Long story short

Came home to a shock recently when I heard voices coming from the living room, my land lord and lady had let themselves in and where inspecting the house. I asked why they hadn’t rang and arranged to visit when I was home. The response I got was that if I had nothing to hide I shouldn’t mind and that’s when I found out they had done this twice before in the three years I have lived there.

Is this allowed, they tell me it’s perfectly legal as it’s their property?

newbie1980

i would be changing the locks and letting ll know that only by appointment will they be getting access

martinsurrey

no its not, its most definitely illegal.

While you have an AST its in all intents your house, and they need permission to enter.

http://www.communities.gov.uk/publications/housing/assuredassuredtenants

sets out the responsibilities of both parties.

Werdnal

By granting you a tenancy it is no longer legally their property until you move out - it is YOURS.

You are quite legally entitled to change the locks, as long as you keep the originals and replace them when your tenancy ends.

ll123_2

Tenancy agreements usually state that the landlord must give 24 hours notice before visits. This is breaching your right to quiet enjoyment of the property and is a civil law matter...

Protection from Eviction Act 1977”
Section 1
Unlawful eviction and harassment
s.1(3A) (as was amended by the Housing Act 1988) which states:
"the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household."
The individual carrying out any inspection will be personally criminally liable, and could face arrest by the police on the above charge. Likewise the agency as a corporate entity may face criminal investigation.
Also any attempt to enter the premises without your consent will treated as, as a matter of civil law:
a. trespass; and
b. a breach of the quiet enjoyment clause under the tenancy agreement.


Change the locks but keep the originals so you can change them back once you leave (will get charged otherwise).

Velcro_Hotdog

Thanks for the replies and confirming my suspicions



Now to try and tackle this in a manner that won't get me chucked out

Werdnal

I am assuming you rent the entire property, and do not rent a room only within a house share?

Have you looked at your tenancy agreement to see if there is such a clause mentioned above?

If so, draw the LLs attention to it. Write a firm but polite letter advising that as you have a valid tenancy agreement the property is in fact yours for the duration of that tenancy, and they have to ask your permission to enter.

Plus you could always put the frighteners on them - "My great-grandmother's antique engagement ring or £200 in cash, or both was on the coffee table before you came in, and its gone. Police have been informed" You can always tell them later it was a false alarm and you found it after all. :rotfl:

princeofpounds

They should not be doing this lawfully, but there is effectively no penalty unless you suffer loss or damage as a result, or it amounts to harrassment. That is why self-enforcement like changing the lock barrel is so relevant.

mchale

Werdnal wrote: »

By granting you a tenancy it is no longer legally their property until you move out - it is YOURS.

You are quite legally entitled to change the locks, as long as you keep the originals and replace them when your tenancy ends.

Incorrect, it's the tenant's home, but legally it still belongs to the LL

mchale

Werdnal wrote: »

Plus you could always put the frighteners on them - "My great-grandmother's antique engagement ring or £200 in cash, or both was on the coffee table before you came in, and its gone. Police have been informed" You can always tell them later it was a false alarm and you found it after all. :rotfl:

OP, if you do that could you come back and we will let you know if the section 21 has been issued correctly :rotfl:

On a more serious note have a friendly chat with the LL, he/she may not realise they are doing anything wrong, all the advice about changing locks is correct, but trust me as a LL if a tenant of mine changed the locks without informing me I'd want them out ASAP.

Most problems between LL's & Tenants arise through poor communication on both sides.

princeofpounds

trust me as a LL if a tenant of mine changed the locks without informing me I'd want them out ASAP.

Why?

I mean, in practical terms I agree with you that some communication is the best course of action, but if a tenant did something like that what would you actually be concerned about?