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Don't want landlord coming round
Comments
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When it comes to tenancies the law is very strict, the landlord cannot breach the tenant's right to quiet enjoyment. They can request access (so long as they do so correctly), and they can access on the basis that the tenant invites them in. But if the tenant does not agree, regardless of notice having been given, they cannot enter. To do so is a breach of tenant rights and will be viewed very dimly by the courts as possible harassment. The only exception is where there is an emergency (gas leak etc).
This is not to say that any tenant can just up and accuse a landlord of harassment and get their way, because they can't. They will have to provide evidence, and a lot will go on the previous history between the landlord and tenant (i.e. is this a one off where the tenant has suddenly taken against the landlord and decided to be awkward, or is there a history of possible rights breaches?).
I don't have to prove anything to you. If the OP wishes to contact me regarding my 'specific situation' I would be more than happy to give them details. I should also introduce you to that previous landlord of mine, he could explain to you how humiliating and expensive it was for him to be told in no uncertain terms that no he was NOT simply able to do what he wanted with HIS property, regardless of what his entitled, arrogant, and uninformed opinion was
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As a side note OP have you checked that your deposit is protected? Because if not your landlord could be liable to pay you 3 x the amount plus compensation. The mention of this in your letter politely asking that he refrain from entering your home without permission, might be enough to stop the behaviour without ever needing to resort to extreme measures.0
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Thanks for all the advice Credit Crunchie. Will also give the essential oils a go after the carpet and underlay has been scrubbed again. Shelter would definitely be a good group to contact. Indeed we quoted some info from their website when we wrote to the landlord countering all the rubbish about how he can turn up when he wants and how we should be grateful we are getting notice of a visit (!). When we advised that any attempt to enter the house will be deemed as trespassing and will be dealt with accordingly (ie the police will be called) he very quickly climbed down and left a rambling message to "try and sort things out". So, we'll see... Deposit is protected, thanks for asking, that is one of the few things he did actually do.0
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CreditCrunchie wrote: »This is not to say that any tenant can just up and accuse a landlord of harassment and get their way, because they can't. They will have to provide evidence, and a lot will go on the previous history between the landlord and tenant (i.e. is this a one off where the tenant has suddenly taken against the landlord and decided to be awkward, or is there a history of possible rights breaches?).
Exactly my point.
No-one said that a landlord can behave unreasonably and harrass the tenant.
But equally what I and thesaint said above, with references (I'm still waiting for specific references on the issue from actual law experts from others...), is correct.
Please, do not use your specific case to give the wrong impression. Especially as you generalise and refuse to give details (did it even happen?)
You may not have to prove anything to me, but you should expect people to ask for details when you make a bold claim.0 -
Thanks for all the advice Credit Crunchie. Will also give the essential oils a go after the carpet and underlay has been scrubbed again. Shelter would definitely be a good group to contact. Indeed we quoted some info from their website when we wrote to the landlord countering all the rubbish about how he can turn up when he wants and how we should be grateful we are getting notice of a visit (!). When we advised that any attempt to enter the house will be deemed as trespassing and will be dealt with accordingly (ie the police will be called) he very quickly climbed down and left a rambling message to "try and sort things out". So, we'll see... Deposit is protected, thanks for asking, that is one of the few things he did actually do.
Unfortunately the police won't be interested, and being uninformed for the most part on tenant rights they will tend to take the side of the property owner if any.0
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