Landlord entering your property whilst you are in bed

Guest101

PaulLuke wrote: »

Guest101 any chance of a link to the legislation or case law that would make this particular act a criminal one? I've taken a look and although there have been some recent changes I can't find one that covers this.

benson1980 wrote: »

It's you that's giving bad advice- clearly you have no idea about criminal law. What is this offence of criminal trespass you speak of? And how is one instance of entering a property constituting harassment?

G_M wrote: »

guest101 seemed so emphatic I started doubting myown understanding...

A quick google found:

http://www.policespecials.com/forum/index.php?/topic/43175-civil-vs-criminal-trespass/

but note the reference is not to the 1986 PO Act, it is the Criminal Justice and Public Order Act 1994


So does this apply here guest101...?

I apologise, in my haste I meant to say Aggravated Trespass, s.68 of the Criminal Justice and Public Order Act 1994

Paragraph 1, subsection B.

The lawful activity being the peaceful occupation of a lawfully possessed proerty through a tenancy agreement

CC-Warrior

Apologies if this has already been said, but under the tenancy agreement you're not allowed to change the locks!

PasturesNew

CC-Warrior wrote: »

Apologies if this has already been said, but under the tenancy agreement you're not allowed to change the locks!

That's b0ll0x. Tenants do have that right.

Guest101

Absolutely Tenants can change the locks, otherwise any previous tenant could come in with a key they've kept. I'm pretty sure my last agent encouraged it.

Yorkie1

Guest101 wrote: »

I apologise, in my haste I meant to say Aggravated Trespass, s.68 of the Criminal Justice and Public Order Act 1994

Paragraph 1, subsection B.

The lawful activity being the peaceful occupation of a lawfully possessed proerty through a tenancy agreement

[STRIKE]
S.68 CJPOA 1994 only applies to trespass on land in the open air. It does not apply in the situation described by OP.
[/STRIKE]

Edited because what I wrote was completely wrong!!

Guest101

Yorkie1 wrote: »

S.68 CJPOA 1994 only applies to trespass on land in the open air. It does not apply in the situation described by OP.

My Understanding is that the necesity for it to be open air was removed.

2003 Anti Social behavior Act ss.59(2) - http://www.legislation.gov.uk/ukpga/2003/38/section/59/prospective#section-59-2

debrag

TranslineLad wrote: »

I was asked to explain the situation and pay the rent immediately, or else they would come back with his dad and would physically remove me from the property after giving 2 weeks notice.

However, I am not in 2 months arrears and as far as the court is concerned, if he does not have mandatory grounds for eviction, he has nothing else going for him because the property is immaculate, I even have a cleaner weekly. The rent arrears is due to incorrect bank details as the landlord changed their bank details, however, partly me to blame as well.

Im not to bothered about the incompetent people who write on here with the bad things, if it did bother me, I wouldn't use the forum simple as.

However, the bottom line is, NOT paying 1 months rent is not a criminal offence, however, trespass and harassment is.

Then you should have that money in your bank account ready to pay once account details correct or once returned from wrong account. Meaning only a short delay in payment which I'd think would be paid ASAP or with next rent payment.

rrtt

PasturesNew wrote: »

That's b0ll0x. Tenants do have that right.

Such polarised views seem to suggest more ££ need to wing their way to a specialist solicitor

As for prev tenants retaining keys, any good landlord would change the locks themselves and not leave it to incoming tenants ...

Guest101

rrtt wrote: »

Such polarised views seem to suggest more ££ need to wing their way to a specialist solicitor

As for prev tenants retaining keys, any good landlord would change the locks themselves and not leave it to incoming tenants ...

Ye, think the good landlord part is the problem certainly I've never had it in a tenancy that i cannot change the locks, returning them to their previous state when i left. I've not rented in a few years, so maybe it's standard in new tenancies, but never had a problem with it before

The only reason that landlord should enter is in case of emergency, and in that case, he/she can break down the door!

G_M

CC-Warrior wrote: »

Apologies if this has already been said, but under the tenancy agreement you're not allowed to change the locks!

See post number 64.

As for prev tenants retaining keys, any good landlord would change the locks themselves and not leave it to incoming tenants

Agreee. I have 3 sets which just get circulated between tenants.

(Yes, in theory the people from 3 tenancies ago may have a set, but given tenancies of 12+ months the odds are pretty slim..)