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Landlord entering your property whilst you are in bed

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Hi All,

Im looking for a bit of help.

I currently have an outstanding balance of 1 months rent with my landlord, which is in the process of being sorted out. I came to a payment arrangement with them, and they accepted it. I then had to change the date of the arrangement just once, all amicably I might add.

The other night whilst just going in to bed, there were some horrendous knocks on the doors, windows etc. I did not answer as I was about to get in to bed and did not know who it was as I just simply didn't look.

However, after about 5mins, I heard my front door opening, even though I had locked the door before bed, and left the key in which is what I usually do. Then to my surprise, in walks the landlord in to my bedroom. Now this time, it was the male landlord as apposed to the wife who I normally deal with. He suggests I get out of bed and go for a "chat" outside.

Is this legal? He let himself in to my house, at an un-earthly time of the night whilst I am in bed. I am outraged.

Any help would be great. Thanks
«13456711

Comments

  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Part of the Furniture Combo Breaker
    edited 7 June 2013 at 8:09AM
    Absolutely not legal, having a key does not permit him or anyone acting on his behalf to enter the property at any time without your permission, he should provide at least 24 hours notice if he wants to enter legally and you're within your rights to refuse. For the duration of your tenancy the property is yours, without a court order they have no right to try and regain possession.

    This is exceptionally brazen, obviously you're at fault for not paying your rent but even then this is not acceptable. You could report him to the police if you so desire, obviously that would be quite drastic action but he has broken the law.

    Edited to add that there is one legal circumstance where a landlord (or someone acting on their behalf) can enter a property without notice and that is in the case of an emergency. For example a fire, burst pipe, anything that needs immediate attention and cannot be left.
  • Annisele
    Annisele Posts: 4,835 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Do you rent the whole property, or just a room in it?

    If you rent the whole property, then the landlord is absolutely not allowed to just wander in (except in the limited circumstances citricsquid says).

    If you just rent a room, then the landlord is allowed to enter the shared parts.

    But in either case, wandering into your bedroom is unacceptable.
  • sham63
    sham63 Posts: 1,090 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Time to change the lock!
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    He suggests I get out of bed and go for a "chat" outside.
    How did you deal with that and what happened? Might be useful to have this context to advise on how to take this forward.

    And what is the rent situation at the moment?
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • newbutold
    newbutold Posts: 752 Forumite
    Part of the Furniture 500 Posts
    Change the locks. You may be able to just change the barrel part of the lock, in which incase you should be able to do this yourself at very little cost. Remember to keep old lock to refit prior to moving out.

    As others have said, no he cannot let himself in without your permission.
    If my posts have random wrong words, please blame the damn autocorrect not me :D
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    Definitely change the locks.
    You might also want to consult your local tenancy relations officer at the council or phone Shelter or go to the police regarding this harassment.
    Your landlord could be in a lot of trouble for this.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • corbyboy
    corbyboy Posts: 1,169 Forumite
    Part of the Furniture
    I don't mean to sound over dramatic but in that situation as soon as I heard the front door open I would have dialled 999.

    What your landlord has done is very serious.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Jesus, change the locks asap, and if he does that again, call the police immediately. He can be arrested for criminal tresspass.

    If that happened to me, i'd physically boot him out. At night, with no warning, I have kids, so not taking any chances.

    Just cause he's a landlord doesnt mean he's a safe person!!

    I'd be tempted to report this now to the police, incase you need further help.
  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    Yep change the locks or add a cheap bolt to the Inside , if ever the question is asked about why I would reply with !!!!!! are you doing trying to get in here in the first place ! I would be straight down the local nick or CAB to prevent any future occurrences , personally I would have thrown my 4 stone German shepherd at anyone who did that ( she's needs some encouragement to do her job sometimes) , disgusting behaviour
  • theartfullodger
    theartfullodger Posts: 15,689 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 June 2013 at 9:56AM
    We take it this esteemed landlord had not written with at least 24 hours notice that there would be a property inspection as per Landlord & Tenant Act 1985 Section 8(2) ??
    http://www.legislation.gov.uk/ukpga/1985/70/section/8

    However even if he had written he would anyway still be in the wrong as that states (their typo not mine)...
    (2)The landlord, or a person authorised by him in writing, may at reasonable tinmes of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.
    Having said all that & I agree about changing locks, contacting Police, writing to LL stating such visits are unacceptable & must stop, it sounds like the landlord wishes you out and will evict you - one way or another...

    So, time to look for somewhere else...

    Keep a handwritten diary of any & all such harassment & if he does anything similar again report to Police & get crime reference number, then the council for prosecution (criminal) under Protection from Harassment Act 1997 - see
    http://www.legislation.gov.uk/ukpga/1997/40/section/1
    1 Prohibition of harassment.
    (1)A person must not pursue a course of conduct—
    (a)which amounts to harassment of another, and
    (b)which he knows or ought to know amounts to harassment of the other.
    (2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
    & start civil proceedings through your solicitor for compo under the same act...

    Cheers!
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