Landlord Breach of Contract??

lrent

I need some advice on what I should do next. Basically the landlord has entered the property I rent without my consent or giving me any notice.
The house that I rent at the time of me moving in (Jan 2014) was rented out as per room. Shortly after I moved in my housemate told me that she was moving out in 2 months. So the landlord started to advertise the room on a website.
When someone wanted to view the room the landlord gave us notice. However today my housemate was off work and the landlord’s father had let himself in. Surprised to see my housemate at the house, he said that he was here to show the room that was for rent.
There was no correspondence from the landlord stating that someone was going to view the room. When a text was sent to the landlord asking why no notice was giving, she replied that she had sent an email but obviously didn’t get it and apologised. Personally I don’t think she sent the email as previously she had sent an email to both of us about a viewing.
The couple that were viewing the house, were talking about ‘knocking something down’ ….. bit of an odd thing to say! It got me thinking that there was something more to this. So a bit of googling and I found that the whole property is up for rent. My room included. I was under the impression that it was only her room being showed and the communal areas. I was not my stated to me that my room was being shown too.
The landlord has not said anything to me at all about this and I’m really tempted to write a email to her expressing my concerns but I don’t want this to backfire on me. Please help on how I should proceed.

RAS

The LL can probably enter the shared parts of the house without giving notice (depends on the exact wording in your tenancy.

The need to give notice if they want to enter your rooms.

Assumiong you are in England or Wales and the LL does not live on the premises, you are all entitled to 2 months notice that they want vacant possession and you do not have to leave unless they get a court order.

Have you checked whether an S21 notice was issued any time previously?

ConfusedofYorkshire

If they're advertising the whole house I suspect they would have shown them inside all the rooms... or would have if the flatmate hadn't been there

G_M

Please clarify your contract:
* you and your housemate have totally seperate contracts, yes? One in your name one in hers?
* Just 2 of you in the property?
* does the landlord (or anyone else) live there too?
* Date your contrat started? Length of ontract?

lrent wrote: »

I need some advice on what I should do next. Basically the landlord has entered the property I rent without my consent or giving me any notice.
The house that I rent at the time of me moving in (Jan 2014) was rented out as per room. Shortly after I moved in my housemate told me that she was moving out in 2 months.
She gave notie to the LL?
So the landlord started to advertise the room on a website.
When someone wanted to view the room the landlord gave us notice.
Just to be clear, you mean notice of the viewing, not notice to quit?!
However today my housemate was off work and the landlord’s father had let himself in.
Was this the day the LL had given you notice (of viewing) or was this an additional, unannounced, viewing?
Surprised to see my housemate at the house, he said that he was here to show the room that was for rent.
There was no correspondence from the landlord stating that someone was going to view the room. When a text was sent to the landlord asking why no notice was giving, she replied that she had sent an email but obviously didn’t get it and apologised. Personally I don’t think she sent the email as previously she had sent an email to both of us about a viewing.
So - either a mistake by LL or a communication problem. Either way, LL has apologised
The couple that were viewing the house, were talking about ‘knocking something down’ ….. bit of an odd thing to say! It got me thinking that there was something more to this. So a bit of googling and I found that the whole property is up for rent. My room included. I was under the impression that it was only her room being showed and the communal areas. I was not my stated to me that my room was being shown too.
Hence my questions about your contract at the start.
The landlord has not said anything to me at all about this and I’m really tempted to write a email to her expressing my concerns but I don’t want this to backfire on me. Please help on how I should proceed.

The LL has the right to enter the common areas at any time, but acces to your private rooms requires notice/consent.

Your tenancy is secure for now since you have not been given a S21 Notice, but please answer the Qs above.

I would write (letter, not text!) to the LL at the address on your contract, politely re-capping what happened and asking that you be given 24 hours written notice of viewings. Since email did not work, ask that he do not use email/text for this.

I would probobly not mention the issue of the whole property being advertised - you might simply get a S21 Notice in return.

lrent

Hi
[FONT=&quot]here are my answers,
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Yes we both have separate contracts.[/FONT]
[FONT=&quot]There is just the 2 of us in the property, she is leaving this weekend[/FONT]
[FONT=&quot]Landlord does not live there
My Contract started on Jan2014 for 12 months, with a 6 month clause.[/FONT]
[FONT=&quot]Other housemate has given written notice to the landlord[/FONT]
[FONT=&quot]Yes I meant someone wanted to view the house not notice to quit[/FONT]
[FONT=&quot]Today was an additional unannounced viewing[/FONT]

No s21 notice has been given.

Thanks

lrent

Here is what the tenancy agreement states


14. Reservation of Landlord’s right to enter the property
14.1 The landlord reserves the right to enter the property on giving not less than 24 house prior notice to the Tenant regardless of whether or not they are present:
a) to conduct a health and safety inspection into the condition and state of repair of the property once every 3 months from the move in date.
b) to carry out the landlords obligations under this agreement
c) to take gas, electricity or water meter readings and
d) in the last two months of the tenancy, to show prospective tenants around the property.

14.2 the landlord has the right to retain a set of keys to the property, which shall only be used with the prior consent of the Tenant, except in an emergency.

BitterAndTwisted

You have separate contracts, so the landlord has access to the common parts and does not need your permission to show a new tenant around, even if their own contact suggests they do.

Make an issue of this and fully expect a Section 21 Notice in the post.

lrent

Hi,

The common parts is ok, i understand that, but they were showing my room too, which i had no idea that they were doing this. my room is not a common area.

Thanks

silvercar

Weird to do that, it looks like the landlord is thinking he can let the place as a whole.

theartfullodger

lrent wrote: »

Hi,

The common parts is ok, i understand that, but they were showing my room too, which i had no idea that they were doing this. my room is not a common area.

Thanks

OK, you are quite right, Landlord should not do that.

However if you make a fuss he may evict you anyway (not fair, not right but it happens). You need to consider that but...

- Think about a calm & polite letter stating you require prior notice of any planned visits so you can decide if you wish to accept them..
- put a "shed alarm" in the room -eg ...
http://www.amazon.co.uk/Motion-Sensor-Alarm-Garage-Remote/dp/B0038MJG9I
and see how he reacts: Helps in neighbours have been hinted that they should call police if it goes off..
- if there is a room lock change it: change it back when you leave the property..

Cheers!

sandsni

TBH, if people are talking about knocking things down, I'd suspect they were viewing with intent to buy, not rent.