Don't want landlord coming round

jjlandlord

Can't you guys even use Google to research what quiet enjoyment actually is?

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

"In addition to the above, a landlord will not be in breach of the quiet enjoyment covenant if it enters onto a tenant’s premises pursuant to a right set out in the lease, examples include access in order to carry out an inspection or to carry out repairs."

And I could go on since that's the way it is.

As said, if you have uninformed opinions, make it clear.

Billie-S

jjlandlord wrote: »

Can't you guys even use Google to research what quiet enjoyment actually is?

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

"In addition to the above, a landlord will not be in breach of the quiet enjoyment covenant if it enters onto a tenant’s premises pursuant to a right set out in the lease, examples include access in order to carry out an inspection or to carry out repairs."

And I could go on since that's the way it is.

As said, if you have uninformed opinions, make it clear.

Hmmm I kind of agree. I think that the tenant has every right to live a peaceful and quiet life, uninterrupted by the LL, but at the same time, he owns this property and surely has the right to enter if he gives advance warning and notice? Especially for inspections
and if repairs need doing.

BitterAndTwisted

The landlord needs to make a formal REQUEST to enter. But that does not confer an automatic right. By the time the landlord ha been to court to enforce entry the tenant will have vacated.

If I'd been forced to endure what this tenant claims to have endured at the hands of this landlord I wouldn't be happy with giving them access during my notice-period either. They're probably only interested in carrying out repairs in order to make it attractive to new tenants, or they would have done them some time ago.

minx1985

BitterAndTwisted wrote: »

The landlord needs to make a formal REQUEST to enter. But that does not confer an automatic right. By the time the landlord ha been to court to enforce entry the tenant will have vacated.

If I'd been forced to endure what this tenant claims to have endured at the hands of this landlord I wouldn't be happy with giving them access during my notice-period either. They're probably only interested in carrying out repairs in order to make it attractive to new tenants, or they would have done them some time ago.

You've hit the nail on the head B&T, which is why any goodwill we had has vanished. We have had to live in freezing cold squalor, put up with LL's aggressive attitude, trying to rip us off, making s****y comments about how I had better not be claiming HB when I was off work sick one day and he let himself in unannounced to collect stuff he had stored in the loft. We only stayed for so long because the rent was dirt cheap so we could get our heads down to get our deposit saved.
If other MSErs are going to be so judgemental about my partner snapping in a moment of weakness when he's been pushed to the limit both at home and at work then why don't you trot off on your high horses and be perfect somewhere else.

exarmydreamer

Just to let you know that if you lift the carpet and have pee stains on the underlay, it can be cut out (square) and replaced with a new square section of underlay bought from carpet shop. That will stop the smell, once the carpet has been cleaned as well. If it is near the wall and wooden skirting board, a clean with a non ammonia product and a bit of gloss paint will solve the smell. Hope this helps.

The underlay can hold the ammonia smell and it does not matter how much you clean the carpet, it it dampens the underlay it release the smell again.:)

jjlandlord

I really like how people comment to say whether they agree or not with the reference I provided, which is from an actual law firm (and is consistent with what all knowledgeable lawyers will tell you).

Again, if you have credentials or actual references, please feel free to disclose them...

BitterAndTwisted wrote: »

The landlord needs to make a formal REQUEST to enter. But that does not confer an automatic right.

A notice, if required, is not a request.

ChumpusRex

starfish_chimp wrote: »

It doesn't matter what the Landlord puts in the tenancy agreement if it is what is called an "unfair term".

The right to "quiet enjoyment" trumps any clauses about the LL needing to show other people round the tenant's private dwelling. Unless you give consent, he will just have to wait till you're gone!

Having a clause in the tenancy agreement that gives the LL access to show prospective new tenants can be fair. In fact, the office for fair trading use this as an example of a fair binding clause in a tenancy agreement, in their guidance notes.

If the terms is clearly unfair, e.g. "The LL may enter the property at any time for reasons of marketing to prospective tenants", then the it is unfair.

If, however, the term is clearly reasonable, e.g. "The LL may, during the last 4 weeks of the tenancy, enter the property show the property to prospective tenants, at a reasonable time of day, subject to a minimum of 24 hours written notice, and with permission from the tenant. The tenant shall not unreasonably withhold such permission." then it can be binding on both the LL and tenant.

CreditCrunchie

jjlandlord wrote: »

Can't you guys even use Google to research what quiet enjoyment actually is?

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

"In addition to the above, a landlord will not be in breach of the quiet enjoyment covenant if it enters onto a tenant’s premises pursuant to a right set out in the lease, examples include access in order to carry out an inspection or to carry out repairs."

And I could go on since that's the way it is.

As said, if you have uninformed opinions, make it clear.

We received compensation in court for harassment on exactly this basis - landlord breaching our right to 'quiet enjoyment' by doing exactly what the OP's want to do. So if I were you I'd be careful what you advise people or do yourself!

OP you may find these links helpful. And I can't recommend Shelter enough! CAB were a bit of a waste of time but Shelter really helped when we were going through quite a similar situation to you. Plus hours of googling and some free legal advice. If you end up having to take this to court you must have a good record of every event that has happened to back up your case. Keep a diary of events, record conversations with your landlord from now on, or preferably keep them in writing only, Keep any receipts for work or cleaning carried out at the property to put right what should have been the landlord duties. A credible witness or two will also stand you in good stead.

http://england.shelter.org.uk/__data/assets/pdf_file/0018/23382/Harassment20and20antisocial20behaviour20EW2202D20harassment20and20illegal20eviction.pdf
http://www.propertyinvestmentproject.co.uk/blog/tenants-right-to-live-in-quiet-enjoyment/
http://www.adviceguide.org.uk/wales/housing_w/housing_renting_a_home_e/housing_student_housing_e/housing_students_in_private_rented_accommodation_e/student_housing___unacceptable_behaviour_by_your_landlord_.htm
http://www.landlordlawblog.co.uk/2013/07/25/four-ironclad-rights-tenants-have-if-their-landlord-wants-to-sell-their-property/
http://wiki.clicklaw.bc.ca/index.php/Privacy_%26_Quiet_Enjoyment_When_Renting

- There are lots more, but they don't beat the advice you will get from a qualified legal expert or from Shelter.

A lot of landlord blogs and forums discuss this exact issue. Reading about it from a landlord's perspective can also offer a good deal of insight. Good luck.

CreditCrunchie

Mylo_The_Moggy wrote: »

We rented a house for 13 years, we had 2 cats, (with permission) & in that time our house never ever smelt of them.

Have to agree with this. We have 4 moggies and it doesn't smell. Essential oils can work wonders for any type of smells by the way. Buy a diffuser or an oil burner and use some rosemary, tea tree, and eucalyptus for an especially refreshing and clearing smell Just be careful with it around the moggies.

jjlandlord

CreditCrunchie wrote: »

We received compensation in court for harassment on exactly this basis - landlord breaching our right to 'quiet enjoyment' by doing exactly what the OP's want to do. So if I were you I'd be careful what you advise people or do yourself!

References or that didn't happen.
A specific case is, well, specific. Harassment suggests an ongoing, repeated behaviour.

I can make any claim I want on an internet forum...