Can my Landlady do this?

tealady

And the sight of people outside swigging cheap alcohol whist having a "who's got the best bike parking space" competition will always create an impression.

KILL_BILL

question do you want to move ?

if not :

1) change locks keep originalls - she cant then turn up or do any viewings or come into yourt property
2) tenant does not have to allow viewing irrespective that this may be in the agreement and only a court can decide if you acted unreasonably

Ronaldo_Mconaldo

Make it difficult for her to sell and she'll do a Section 21 before the property sells. Either way you won't be living there much longer.

Norman_Castle

cheesymash wrote: »

And legally can we change the locks?

Legally, you can change the locks. Most are very easy and cheap to change and the originals can be refitted when leaving. What locks have you got?.

AMG762

I was in a similar situation a few years ago. Constant calls from the estate agent asking for viewings on various days and times.

In the end i just said the only times the house would be available for viewings would be on a Saturday morning with 24 hours advance notice.

This worked really well for both parties, i knew i could only be disturbed one morning a week, the estate agent knew exactly what to tell potential buyers.

As others have said change your locks. The law over rides what is written into your tennancy about viewings

cheesymash

Well we decided to change the barrel of the lock as it was the only way we would prevent her from coming in without consent.
Yesterday I got home from work to find her trying to get in to the flat. She claimed she was "just checking her keys"!
Obviously when she couldn't open the door she realised we had changed the locks, and started screaming at me that we have no right to do that and that she would have to get someone to come and break in.
I said that due to her letting herself in in the past we had no choice but to change the locks, and that if she attempted to break in I would call the police. She said the police won't do anything because it's her property and she has the right to access it, and that we are the ones breaking the law by changing the locks.


She said she wants us out and if we don't get out she will kick us out. We don't want to stay in the flat now anyway and will gladly leave as soon as we can. She is threatening to keep some or all of our deposit because we changed the locks (we will change the barrel back when we leave), can she do this?


Can someone point me in the direction of something that outlines that it is legal for us to change the locks? I've googled and can't find anything definitive, it seems like a very grey area

[Deleted User]

It is a slightly grey area legally.., you are allowed 'quiet enjoyment' she is allowed access to the property but this is normally considered to be necessary only in an emergency.

I doubt your LL will take you to court. She may be successful but it will be expensive, take time, and the outcome is not by any means guaranteed because the law is so murky on this point.

However she can give you a S21 and evict you, but again this will take some time. Look for another place which you say you want to do.., and don't use her as a referee if you can avoid it.

Unfortunately police response to situations like this is uncertain as well (the police are not solicitors and their understanding of tenancy law is not good). I have seen threads where they do side with the LL when the LL insists on access against a tenant's wishes although as you are renting the property from her.., for the duration of the tenancy, this should not be allowed or enabled by the police unless there is an eviction order.

I hope more helpful advice comes along later today.

PasturesNew

cheesymash wrote: »

Can someone point me in the direction of something that outlines that it is legal for us to change the locks? I've googled and can't find anything definitive, it seems like a very grey area

Shelter: http://england.shelter.org.uk/get_advice/private_renting/about_private_renting/landlords_responsibilities

... your landlord can't come into your home whenever they feel like it, and they should give you reasonable notice and arrange a suitable time if they need to visit.

The amount of notice they have to give might be set out in your agreement. If you're worried about your landlord coming into your home without permission, get advice – use our directory to find a local advice centre.

If you don't want your landlord visiting without your permission, you may even be able to change the locks. If you do decide to change the locks, keep the old ones and put them back in, undamaged, when you leave the tenancy.

Ulfar

I may have missed it or misread, has she protected the deposit.

If not, S21 is a non-starter.

As for the police, if they were to turn up and to agree with the LL, refuse access politely and ask to speak to a senior officer.

booksurr

cheesymash wrote: »

Obviously when she couldn't open the door she realised we had changed the locks, and started screaming at me that we have no right to do that and that she would have to get someone to come and break in.

patently that would be breaking and entering and any decent locksmith would refuse to do it, although of course how he would be made aware it is tenanted is doubtful!

I said that due to her letting herself in in the past we had no choice but to change the locks, and that if she attempted to break in I would call the police. She said the police won't do anything because it's her property and she has the right to access it, and that we are the ones breaking the law by changing the locks.

if your tenancy agreement expressly states you cannot change the locks then you are in breach of your contract. That is a civil matter over which she would have to go to court to get the court to tell you to revert the locks to as before. She cannot legally do anything herself - although obviously the reverse applies if she did you would have to sue her for breach of quite enjoyment - and that is a really grey area best avoided

She said she wants us out and if we don't get out she will kick us out.
illegal eviction which is a criminal offence, although again whilst the police's initial response may be mixed the local council will have some form of "tenancy relations officer" who WILL know the law and a complaint going via them should get the police back on your side. If she gets aggressive that "harassment" and potentially is a breach of the peace and the police must attend as a priority and should arrest her

you might want to read up on protection from illegal eviction so you can remind the police what is and is not a criminal offence when the LL tries to evict you illegally
https://www.gov.uk/government/publications/my-landlord-wants-me-out-protection-against-harassment-and-illegal-eviction


We don't want to stay in the flat now anyway and will gladly leave as soon as we can. She is threatening to keep some or all of our deposit because we changed the locks (we will change the barrel back when we leave), can she do this?

no she cannot keep the deposit as she has suffered no loss provided you have caused no damage in changing them back


Can someone point me in the direction of something that outlines that it is legal for us to change the locks? I've googled and can't find anything definitive, it seems like a very grey area

see comments above, changing locks is a grey area falling between breach of contract and quite enjoyment.

At the end of the day the LL will eventually evict you perfectly legally, but it may take them a long time to get there legally. So you need to be looking for a new place to live since the relationship between you and the LL is beyond salvaging. When you do find a new place make sure you give the correct notice to your current LL to avoid any further problems with her