Rental Issues - Invasion of privacy

BlushRed

G_M wrote: »

Get out your tenancy agreement. Read it, and quote for us...

How does it describe the property? This will either be on the front page, and/or there may be clauses within the agreement further describing what you are renting.

* Does it give the address? Just the address?
* Does it describetheproperty in detail? Or not?
* Does it list any excluded parts? Or not?



It only give the address and no detailed description of what we rent. However, it does not give any excluded parts either! So when the solicitor states that the Landlord had exclusive rights to the garage this is not correct. Maybe, the initial description of the property on the particulars doesn't mention the use of the garage, I don't know I only viewed those online but particulars also have a disclaimer! On all our legal paper work there are no exclusions. Even the Estate Agents who we got this property through and did the legal paper work admit this but have been told by their clients (the landlords) to stay out of it! And they have to abide by what their client wants...:laugh:

So if we want to proceed we will have to pay over £600 to a solicitor to even just get to the letter stage.... But the reality was all I wanted was for them to stop using the electricity and not get abused by the landlord for turning it off and they have as I have isolated it. I don't think they can get an injunction on me for that! Maybe who knows it would seem the land lord can say and do as they please.....

After all he they changed the locks on the garage yesterday, no notice and no explanation for why he has done this and we have things in there such as my sons bike.....

I have better things to spend my money on and the reality is that we are moving next month! So I accept defeat :silenced: we have been royally screwed over for the past year, paying over the odds for a house where it would seem we had no rights and the landlord could come and do as they please. When we move out they are moving back in to this house as their renovated property is too small! As the landlord said when we handed in our notice at least we completed our renovations!

So tenants have rights do they only if you have a large pot of cash to up hold them! Tenants have the right to live peacefully and quietly do they? We have lived on a building site for over a year, while they stored building materials on our yard and we contributed financially not only by paying a exorbitant amount of rent but also paying for the electricity while they achieved this.....

Unfortunately this has been a very expensive lesson to learn, not just financially but emotionally.....:(

Thank you for your responses and time.

RAS

Have you actually done what we advised and spoken to the Private Tenancy relations Officer at the Council?

Do you have free legal advice as part of any of your insurance policies?

Have you spoken to Shelter?

G_M

BlushRed wrote: »

G_M wrote: »

It only give the address and no detailed description of what we rent. However, it does not give any excluded parts either!
Then your tenancy includes everything at that address. This will be defined on the Title Register and Plan you have been referred to above.

So when the solicitor states that the Landlord had exclusive rights to the garage this is not correct.
agreed
Maybe, the initial description of the property on the particulars doesn't mention the use of the garage,
irrelevant
I don't know I only viewed those online but particulars also have a disclaimer! On all our legal paper work there are no exclusions. Even the Estate Agents who we got this property through and did the legal paper work admit this but have been told by their clients (the landlords) to stay out of it! And they have to abide by what their client wants...:laugh:

So if we want to proceed we will have to pay over £600 to a solicitor to even just get to the letter stage....
why? a 2nd class stamp costs 34p(ish). Just because the LL has wasted £600 on a solicitor's letter does not mean you have to!
But the reality was all I wanted was for them to stop using the electricity
turn it off
and not get abused by the landlord for turning it off
ignore, unless the abuse is extreme in which case call police
and they have as I have isolated it. I don't think they can get an injunction on me for that! correct Maybe who knows it would seem the land lord can say and do as they please.....

After all he they changed the locks on the garage yesterday, no notice and no explanation for why he has done this and we have things in there such as my sons bike.....
Write to LL informing him you will be getting a locksmith to break in & replace thelock and will bill the LL. Then do it.

I have better things to spend my money on and the reality is that we are moving next month! So I accept defeat :silenced:
Your choice. But then,what is this thread all about.....
we have been royally screwed over for the past year, paying over the odds for a house where it would seem we had no rights and the landlord could come and do as they please.
Taking no action till the month before you leave is..... well.....
When we move out they are moving back in to this house as their renovated property is too small! As the landlord said when we handed in our notice at least we completed our renovations!

So tenants have rights do they only if you have a large pot of cash to up hold them!
I see no needfora 'large pot of cash'. But tenants rights are only as meaningful as the willingness of the tenant to enforce them.
Tenants have the right to live peacefully and quietly do they?
Yes, subject to a number of exclusions and conflicting rights.
We have willingly lived on a building site for over a year, while they stored building materials on our yard with our tacit agreement and we willingly contributed financially not only by paying a exorbitant amount of rent but also paying for the electricity while they achieved this.....

Unfortunately this has been a very expensive lesson to learn, not just financially but emotionally.....:(

Thank you for your responses and time.

I hope your onward move allows you to move on emotionally too.

tim123456789

BlushRed wrote: »

We have received a letter today from their solicitor saying that as the garage was never mentioned in the initial particulars it was in fact never really for our use and that the Land lord has exclusive rights to use as they seem fit and will continue to do so otherwise if we try to stop them they will serve an injunction on us.

Even if he does have a right to use it he doesn't have a right to steal your electricity.

Did Mr Skinflint really spend 50 pounds on a solicitors letter to avoid having to pay a couple of quid for electricity?

tim

ViolaLass

anselld wrote: »

The LL has statutory access rights in order to fulfill repairing obligations. These conflict with quiet enjoyment and it is ultimately for the courts to decide on each case.

Surely only relevant in this situation if either party felt there were any repairs that needed doing, which does not appear to be the case.

DRP

tim123456789 wrote: »

Even if he does have a right to use it he doesn't have a right to steal your electricity.

Did Mr Skinflint really spend 50 pounds on a solicitors letter to avoid having to pay a couple of quid for electricity?

tim

just what i was going to say. Even if the garage situation is unclear, it is your electricity he is using (is it? have you checked?)

Mojisola

tim123456789 wrote: »

Even if he does have a right to use it he doesn't have a right to steal your electricity.

This is the bit where the LL is definitely in the wrong. There's no way anyone can justify that.

Guest101

anselld wrote: »

The LL has statutory access rights in order to fulfill repairing obligations. These conflict with quiet enjoyment and it is ultimately for the courts to decide on each case.

Exactly, and until the courts decide, the LL cannot simply gain access.

Guest101

G_M wrote: »

Quiet enjoyment is not a statutory right. It is common law. And it does not overrule all other rights.

See

http://forums.moneysavingexpert.com/showpost.php?p=62549339&postcount=28

Sorry, you're right. I got carried away. None the less, the LL cannot just change locks, access property as he sees fit.

sandsni

If the LL has gone to the expense of getting a solicitor's letter drawn up a month before the tenants leave it would make me wonder if there's more to the story than we're being told here.