Quiet Enjoyment

amy104

Does anyone know where I can find the actual wording of this clause in the housing act.

Thanks.

pmlindyloo

amy104 wrote: »

Does anyone know where I can find the actual wording of this clause in the housing act.

Thanks.

As far as I am aware there is no such clause as 'quiet enjoyment' in the housing act. It is more of an implied term and is usually used in the context of common law.

See here:

http://www.foxwilliams.com/news/704/

If you are willing to tell us why you need to use this perhaps someone can help further.

amy104

I want to send the LA a written request that they do not enter the property without our permission and want to include it.

Got home yesterday and they had sent someone in without speaking to us (post was moved, patio doors left unlocked).

Rain_Shadow

I would just write them a note along these lines. You don't need to back up a claim to quiet enjoyment.



Dear LA

I was dismayed to find that one of your employees entered our property yesterday, without our permission, and left the property unsecured. This is clearly a breach of our right to quiet enjoyment of our home.

I must insist that any future visits are at times mutually agreed between us.

I will, in any case, be changing the locks on the property as soon as possible. I will, of course, reinstate the original locks at the end of the tenancy.

yf

dimbo61

Ring them up now and tell them someone broke into property and you are going to report to POLICE
getting finger prints taken and will be asking Police to look for burglars.
See what they say?
You can change the locks as long as you keep the old barrels to replace when you leave

Guest101

You dont need to include it, it's your home.

What you do is write to him, to remove all rights of access to the property, stating you will not be accepted unexpected visitors. Then pop down b&q and buy some new locks, replace the current locks. (keep them to return when u leave)

If he persists u contact the police on a harassment complaint

thesaint

Just write to them stating that you require 24 hours written notice before anyone can access your home, and that if it happens again, you will be changing the locks.

Do not mention "Quiet enjoyment", as it doesn't mean what you think it means, and they will just laugh. The same will go for threats of calling the police.

amy104

I don't want to go in all guns blazing threatening stuff, I just want to politely request it doesn't happen again.

Apart from all the privacy issues the repairman who entered the house was not known to the LA (I believe landlord arranged it so they could of handed over keys to anyone) and I am not sure he did a proper job either so the landlord may of wasted his money. If we'd been there to supervise I could of asked him if the electrics are safe.

m0bov

How do you know it was the agent? How do you know they were acting for the agent? I would still report it to the police, plus change the locks.

I_have_spoken

I want to send the LA a written request that they do not enter the property
without our permission and want to include it.

But recognising the LL has statuatory obligations which may require entering the premises

witchy1066

the term "quiet enjoyment " is usually used when its a Mobile Home Park were the residents are usually over a certain age , and there is a clause written into the new legislation giving mobile home owners better rights but have never heard it used in an y other context

mind you that doesn't mean it doesn't exist