Landlord entered flat without permission

Beckyb

I have signed up to a twelve month tenancy and my landlord has recently entered the property without permission to collect post. I have no idea whether this is the only time he has done this or not. As a lone female I am very uncomfortable with this. He has said it won't happen again but as he is in breach of contract and I am no longer happy being there I wish to vacate the flat.

I would like to seek some advice on whether I have grounds to end my tenancy agreement early due to the landlords breach of contract? The letting agent is telling me it is at the landlords discretion whether he chooses to release me from the contract, and if so I will be charged for the reletting fees. I am obviously not wanting to pay these when the only reason I am leaving is due to the landlord breaching the contract in the first place.

Could anyone offer any advice on what I should do and whether I am within my rights to leave due to his breach?

Many thanks

Guest101

Beckyb wrote: »

I have signed up to a twelve month tenancy and my landlord has recently entered the property without permission to collect post. I have no idea whether this is the only time he has done this or not. As a lone female I am very uncomfortable with this. He has said it won't happen again but as he is in breach of contract and I am no longer happy being there I wish to vacate the flat.

I would like to seek some advice on whether I have grounds to end my tenancy agreement early due to the landlords breach of contract? The letting agent is telling me it is at the landlords discretion whether he chooses to release me from the contract, and if so I will be charged for the reletting fees. I am obviously not wanting to pay these when the only reason I am leaving is due to the landlord breaching the contract in the first place.

Could anyone offer any advice on what I should do and whether I am within my rights to leave due to his breach?

Many thanks

Short answer the LA are correct, if the LL agrees he can stipulate any conditions he wants.

However all you need to do is change the lock, specifically the barrel and this won't be an issue

HB58

The LL is not in breach of contract (unless your contract actually stipulates LL access, which is unlikely). What has been breached is your right to quiet enjoyment of the property, but this does not mean that you can walk away from the contract. It is up to your LL to decide whether he is prepared to let you leave early and, if so, what compensation he wants for this.

m0bov

Change the barrel, keep the old one and replace it when you leave. Why is the LL having his post delivered there? If any arrives I would open it as its been addressed to YOUR home. It might be that he is behind with his mortgage or has other debts or maybe using the address for car insurance.

theartfullodger

Assuming you are in England, Yup, change lock (keep old one & put back when you leave).

Also maybe get a LOUD shed alarm - eg
http://www.amazon.co.uk/Motion-Sensor-Alarm-Garage-Remote/dp/B0038MJG9I

Write letter (yes, WRITE! - keep copy) to landlord & agent stating no visits without your prior written consent.

Expect a S21 notice in response....

Cheers!

m0bov

theartfullodger wrote: »

Assuming you are in England, Yup, change lock (keep old one & put back when you leave).

Also maybe get a LOUD shed alarm - eg
http://www.amazon.co.uk/Motion-Sensor-Alarm-Garage-Remote/dp/B0038MJG9I

Expect a S21 notice in response....

Cheers!

Not if the tenant has a 12month contract!

Guest101

m0bov wrote: »

Not if the tenant has a 12month contract!

Well could still get a s21. Just not enforceable until it's up

Beckyb

Thanks for all the replies. I hadnt realised I would be within my rights to change the locks, though to be honest I'd rather just get out of there now. So even though the landlord has breached my right to quiet enjoyment would this not give me legitimate reason to renege on the contract and vacate early?

poppysarah

Beckyb wrote: »

Thanks for all the replies. I hadnt realised I would be within my rights to change the locks, though to be honest I'd rather just get out of there now. So even though the landlord has breached my right to quiet enjoyment would this not give me legitimate reason to renege on the contract and vacate early?

No it doesn't give you the right to leave early.

Change the locks.

You could write to him and C&P that bit of the tenancy that says about landlord access (ie: with permission, 24 hours notice) and then you don't have to worry.

If he arranges access you could change the lock back so he can come at the agreed time and then change it back when he's been. That way there's no confrontation about you changing the locks.
The only way he can find out then you've changed the locks is if he tries to come round without notice.

[Deleted User]

Whether allowed or not I'd still change the lock barrel/cylinder on a rental property and then put the original back when I'd left. Especially if it has been a rental property for a while and has had many sets of tenants in the past. You just don't know who still has odd keys to the property which can fall into the wrong hands, ex babysitters, boyfriends of tenants, etc.

Homeagain

m0bov wrote: »

Change the barrel, keep the old one and replace it when you leave. Why is the LL having his post delivered there? If any arrives I would open it as its been addressed to YOUR home. It might be that he is behind with his mortgage or has other debts or maybe using the address for car insurance.

I understand that you may not open any post that is not specifically addressed to you?