Landlord allowing himself into the property

paul2012

deleted thank you

Fire_Fox

Run a search this has come up many times. If the property is self contained the landlord is not allowed to enter the property and yes she can change the locks, also write to the landlord stating the damage to the carpets and reminding him of the tenants right to quiet enjoyment.

Mrs_Arcanum

She is perfectly entitled to change the lock barrel as long as it is replaced with the original when she moves out.

Landlords should give notice of when they wish to visit and agree to a mutually acceptable time.

BitterAndTwisted

I'd be putting it IN WRITING right now that your friend is "disappointed" to know that the landlord has entered the property without prior notice and that he has trailed muddy footprints onto the cream carpeting. (This should protect her from a deduction from her deposit should she not be able to remove the dirt completely). Consequently, she intends to change the BARREL of the yale lock to prevent further unauthorised access but will swap it back at thee end of her tenancy. That she is quite happy for the landlord to visit with prior agreement to collect post or to carry out periodic inspections.

OR she could just write her letter about the muddy footprints and change the barrel of the lock without mentioning her intention to do so. He won't discover that she's done it unless and until he tries to gain access again.

She should anticipate being served notice at the end of her fixed-term if her landlord sees any of this as inflammatory.

A landlord who isn't having their mail redirected suggests his mortgage-lender may not have given Consent-To-Let. Which might be a worry if they find out.

theartfullodger

Report break-in to plod, get crime reference number.

Write and advise landlord of break-in & that police have been informed: Also write confirming you require prior written notice of any visit of any nature which you will then agree to or not, & you are not at this point granting agreement to.

Expect a S21 notice by return...

See this very long thread on the subject...
http://www.landlordzone.co.uk/forums/showthread.php?26589-L-s-right-of-access-for-inspection-or-viewing

casperlarue

paul2012 wrote: »

She has been told to make a complaint but she is worried he will serve her notice which is 2months which means her tenancy will be up when the baby is due and property round here is hard to find. S21 is a non fault notice to inform tenant that the landlord wants the property back at some time in the future after the date given on the notice. She doesn't have to move out on the date given, in fact most councils will advise her to stay put until a court order has been served.

Can he serve her notice for making a complaint? As I thought maybe she could appeal as she has done nothing wrong. Unfortunately, no appeal against S21 unless it has been incorrectly served.....did your friend pay a deposit and if so has it been protected and the prescribed information sent?

Her tenancy was a 12month contract which ended a year ago since then nothing has been signed so not sure what type of tenancy she is on now.

She will be on a periodic tenancy now

DRP

I don't believe he needs any reason to serve notice.

if she is in a vulnerable situation (pregnant, difficult are to find good properties), then I wouldn't complain at all (she has already complained personally to him) - what would it achieve?

I would just change the lock barrel as recommended by several poster and write to the LL telling him to let her know if he needs to pick up any letters.

Fire_Fox

paul2012 wrote: »

She has been told to make a complaint but she is worried he will serve her notice which is 2months which means her tenancy will be up when the baby is due and property round here is hard to find.

Can he serve her notice for making a complaint? As I thought maybe she could appeal as she has done nothing wrong.

Her tenancy was a 12month contract which ended a year ago since then nothing has been signed so not sure what type of tenancy she is on now.

If you run a search you would see this has all been gone through many many times. She is on a periodic tenancy. A section 21 notice to quit is no fault, you cannot appeal. If she doesn't want to make a complaint or rock the boat in any way the whole thread is a waste of time.

Mrs_Arcanum

paul2012 wrote: »

She has been told to make a complaint but she is worried he will serve her notice which is 2months which means her tenancy will be up when the baby is due and property round here is hard to find.

Can he serve her notice for making a complaint? As I thought maybe she could appeal as she has done nothing wrong.

Her tenancy was a 12month contract which ended a year ago since then nothing has been signed so not sure what type of tenancy she is on now.

Just change the lock barrel, clean the carpet & advise the LL to make an appointment to visit in future.

DRP

paul2012 wrote: »

I think the reason she wanted to complain was that he didn't take her seriously he seems to think he was in the right for doing so and its like she said him having left the door open meant anyone could have accessed the property and HAD she been burgled she would have lost everything as per her t&c of her insurance she is only covered if there has been forced entry not if the property has been accessed with a key.

yes that is all totally understandable and if she was in a stronger position then I would recommend she absolutely go for it. However, it would be hugely inconvenient to be issued notice at this time, so i think she should take the precaution of a barrel change and keep her powder dry

BitterAndTwisted

paul2012 wrote: »

I have just mentioned this to her and she said the letter he is was looking for is from his mortgage lender, what would it mean for my friend if he does not have consent to let?

The lender could insist that the landlord changes to a Buy-To-Let mortgage at a higher interest-rate IF he has sufficient equity to qualify (25%).

Given that your friend is on a periodic tenancy and could be given two month's notice at any time of the landlord's choosing for any reason or no reason at all she might be better off just keeping her thoughts about his intrusion to herself.

I wouldn't want to be looking for another property heavily preggers or with a new-born in tow unless I had plenty of savings stashed away.