Terminating a Rental Contract

bujin

A friends daughter moved in with her boyfriend and signed a 6 month tenancy agreement. Her boyfriend works and she's at home most of the day.
Things were okay, but the landlord and other members of his family turn up unannounced and let themselves in without any warning. She's feels very uncomfortable and has taken to locking herself in her own room away from the communal area she shares with two others.
She has asked them twice now not to come in without giving her and her boyfriend advance warning and they have said they won't but they did it again the other day.
She is not happy to stay there any longer, not feeling she can really relax and being a female on her own for the most part of the day, feels rather intimidated.

Is there anything she can do to terminate on these grounds or would she still be liable to the usual penalties?Thanks

HB58

If she has signed an agreement for a six month fixed term, then that is how long she will be expected to pay rent. Is this an HMO, where the couple just rent a room and the other areas are communal, or is this a joint and several tenancy where a few people rent the house between them? If it is an HMO, then I believe the landlord has the right to access the communal areas. Otherwise, the landlord has no right to enter except with prior agreement and the tenants can change to lock on the front door if they wish (just change the barrel and keep the old one to refit when moving out).

Hump

Has the landlord and/or their family members actually done anything untoward? - sounds like they are just keeping an eye on a new tenant. If not has she thought about getting out a bit more? The ConDem government has been quite keen on Big Society and wants to replace lots of jobs with volunteers so there's bound to be lots of interesting stuff to do outside the walls of her HMO!

However if the landlord/ landlord's family have been upto 'no good' and she feels unsafe then she should move out for her own safety/ sanity - but as HB58 says above they might come after her for rent (until they relet the room).

bujin

Thanks. I don't know absolutely, but I believe, she and her boyfriend have a bedroom themselves another couple have a bedroom and they all share a kitchen, bathroom and hallway. I think it's sort of described as a shared flat, but I'm not certain. Is that a HMO? Even so I didn't know that certain occupancies allowed the landlord to come in unannounced like that.I thought it was illegal across the board!
I think she's got to the point that any contact with the landlord is disconcerting.

bujin

I didn't mean to make her out to be a recluse. She's just finished Uni and is waiting to start a teaching course and she's already doing voluntary work.

I have read that it is illegal for a Landlord to do what he's been doing no matter how much of an eye he wants to keep an eye on the place. Looks like she'll have to leave and pay the consequences.

Werdnal

If they and the other couple have an AST which grants them exclusive possession of the whole property, then LL cannot enter unannounced/unarranged. But in this case it sounds like your daughter and b/f only rent their own room, and the other couple the same, so the communal/shared areas are available for the LL to access. An HMO - House of Multiple Occupancy, is usually a property let to 3 or more unrelated people.

I can understand perhaps your daughter is young and inexperienced in renting, but unless the LL and their family have been inimitdating or actually bothered her in any way, she shouldn't really need to worry about this. It is not a reason to end the contract, but if it is worrying her, perhaps her and b/f should look for a property of their own as soon as their tenancy ends. They will obviously have to pay more for this, but will have the security of knowlng the place is their own space - however this does not always stop over-zealous LLs thinking they can still turn up when they choose!

Hump

See this link for basic info on HMOs http://england.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/houses_in_multiple_occupation

G_M

1)can the landlord come in unannounced?
Impossiblefor us to answer till you clarify the type of tenancy as requested by others above.
If this is an HMO (House of multiple occupation) with each tenant or couple having a separate tenancy agreement for 'their' room (and sharing communal areas) OR have all the occupants signed a single tenancy?

If HMO, the LL can enter communal areas whenever he wants
If NOT an HMO, then the tenants cann insist on being given advance warning and can even refuse access (if necessary changing the locks).

2) can the tenant leave before the 6 months are up?
Yes, any time - but must still pay rent unless agreement with the LL is reached. Read here for more details.

bujin

Thanks for this. Have just clarified this. Each couple have a separate Tenancy Agreement.
I'll refer these links to them.Thanks

dimbo61

Why has the LL been turning up at the property?
Its that time of year when many LL,s are very busy getting properties ready for the huge number of students who return to uni in september.
Does the property have a Gas Safety certificate? Electrical safety certificate or instalation certificate? EPC ( for what its worth)
Does the property have mains wired smoke alarms? emergency lighting? outside security lighting? CO alarm near the boiler and other gas appliances?
Is it 3 storey? Will be HMO and requires a licence from the council.
Many LL,s are working hard to get the checks done now before the students arrive.
PAT testing ( portable appliance testing) if the Landlord supplies washing machine, dryer,kettle, toaster ETC
They are not allowed to enter your room without your permission and I hope the visits stop soon.
If you have a problem GAS leak, water leak, breakin would you want your LL round straight away to FIX the problem.
She has been at uni for 3 years ( did she live at home with Mum and Dad?)

Ollie21

It is illegal for the landlord to enter without tenant permission - simple. If they do they are trespassing!