Terminating a Rental Contract

barnaby-bear

Ollie21 wrote: »

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

untrue. In an HMO (which it sounds like this is) the LL is allowed to enter the communal areas,

Werdnal

Ollie21 wrote: »

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

Ollie, read my earlier reply to the OP. In an HMO, where individual rooms are rented by different people, LL can enter the communal areas at any time, although it is obviously courteous for them to advise they are coming and not to turn up excessively often, but it is not trespassing or illegal.

G_M

Ollie21 wrote: »

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

Ollie, welcome as a new contributer!

However please ensure when making categorical statements like this which other posters may rely on that they are accurate!

As pointed out above, you are wrong in this case.

We are all wrong from time to time (hence the advantage of an open forum where we can be corrected and learn) but speaking for myself I try so far as possible to either check my facts before being categorical, or I preface advice with "I'm not sure but.." or similar.

Though as regular posters will testify, I have been caught out from time to time!

pmlindyloo

Out of curiosity!

I accept that this property is classed as a HMO although not needing a licence.

Is there any difference in HMOs that do need a licence and those that don't as regarding landlords having access to the communal areas (kitchen etc?)

My daughter lives with 2 firends in a house share. They each have separate tenancy agreements to avoid joint responsibility of rent and to allow one to move out and another to move in more easily.

They do not have the LL turning up unannounced and treat the property in the same way as if they had a joint tenancy agreement ie. live in the whole house as their home.

So, to get to my questions!

1. Is there a difference between licensed HMOs and non licenced HMOs as regards the LLs rights to enter communal areas.
2. Would anything in the tenancy agreement as regards use of the communal areas negate the LL's right to enter unannounced?
3. In the OP's situation would there be a case for harrassment whereby the number of visits might be seen as excessive and would 'other members of the family' be seen as agents of the LL and therefore allowed the same rights as the LL.

In my opinion it does seem strange that a LL/his agents would visit a property more frequently in an unlicenced HMO in the way described and IMHO downright rude not to give prior notice.

rentergirl

Working from home, and having the landlord turn up unannounced is horrible. There is still I believe an implied covenant for quiet enjoyment, which if the visits are threatening, intrusive or frequent without good cause, I suspect might be worth investigating as a means of ending the tenancy early. have you tried talking to the landlord, explaining this and that you/she would like to end the tenancy? They might be reasonable, and either stop, or end the tenancy.

pmlindyloo

rentergirl wrote: »

Working from home, and having the landlord turn up unannounced is horrible. There is still I believe an implied covenant for quiet enjoyment, which if the visits are threatening, intrusive or frequent without good cause, I suspect might be worth investigating as a means of ending the tenancy early. have you tried talking to the landlord, explaining this and that you/she would like to end the tenancy? They might be reasonable, and either stop, or end the tenancy.

Thanks for your input.

I think if the OP comes back to the thread it might be worthwhile their getting in contact with Shelter for some advice.

Glad I'm not the only one who thinks this is intrusive. Had visions of LLs with unscrupulous morals visiting young females unannounced for the wrong reasons

bujin

dimbo61 wrote: »

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?)

To answer some of these, you are referring more to a situation when the LL is preparing for new tenants not ones who have already been living there since the end of June.You mention students but I've already described the rental situation, they aren't students and these are two self contained living areas, when they commenced renting, they were told that everything was newly decorated which they could see and when she asked him not to come unannounced the landlord's son said they wouldn't disturb them further. I believe se found the son in the kitchen which as said is a locked area, sitting at their table!!
She lived in London and lived in three different rentals and certainly didn't live with her Mum or Dad. I'm not quite sure what relevance that had but I've answered it anyway. The areas that the landlord has entered are not just the communal areas, there's a key to the kitchen door, which is shared with the other couple and a key to their bedrooms, whilst it might be acceptable to enter the hallway, he shouldn't be letting himself into the kitchen, which he has.

Are you a landlord by any chance;)

Anyway it seems clearer that, if it's an HMO then it's reasonable for the LL to enter a communaal area, but if there's no reason such as a break in,leak etc (although in effect this would still be at the tenants request as it happens and doesn't excuse entering when they shouldn't on that basis).