Can my Landlady do this?

eMadCanadian

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

I'd be interested to know the actual "law" as well. My agent has just admitted to entering without my consent or any notice. And although everyone always seems to say this is legal, where in the law does it say that?

Thanks

Guest101

Missko wrote: »

Hi Guest,


How many times do I have to say that I OWN the flat?!!! Maybe you don't realise that Scotland is different from England? No-one separate owns the building.


Mad - my agents deal with the legal part. That's what they're paid for. I guess my other post was actually seeking opinions.

I don't pretend to know the rules in Scotland. Was just explaining the point the quant made.

On which note. I understand u 'own' your plan. My question pertains as to how this works in Scotland ( which seems different to most places by what you say). For example the building develops a leaky roof, who pays for this? Is this no different to owning a share of the freehold? Genuinely interested.

Also interested in how, by changing the lock they are stealing? When u rent someone a property. Basically it's theirs for that time being. They cannot steal from themselves.

Guest101

eMadCanadian wrote: »

I'd be interested to know the actual "law" as well. My agent has just admitted to entering without my consent or any notice. And although everyone always seems to say this is legal, where in the law does it say that?

Thanks

Ok.

The law does not allow behaviour, the law prevents it. It would be absurd for the law to categorise what is allowed. Hence if there is no law against it, u can do it.

Why would u think this was illegal? Baffling rrally

franklee

Wyndham wrote: »

Assuming it's not a Sunday or the middle of the night. Assuming they are passing and see the emergency, or a neighbour thinks to tell them rather than the person who actually lives there. I find the circumstances where a landlord or their agent would need to enter the premises to be almost negligible.

Exactly. Missko's example was "Ie the flat is now flooded/burned" but I doubt any agent would venture into a burning flat. Surely that should be left to the fire services who won't hang about for the agent to arrive with a key, they will break the door down anyway.

If my neighbours house was on fire I'd call the emergency services pronto not muck about tracking letting agents. I lived nearby to two tenanted properties and I didn't know if they were even managed by an agent. We exchanged our own phone numbers but it never occurred to us to swap agent/LL phone numbers.

If I called my landlord's letting agent outside office hours I just got an answer phone helpfully telling me when they were open which was 9-5 weekdays, 9-12 Saturday and closed Sunday so not exactly much coverage given emergencies often happen at night or weekends. This whole emergency think is ridiculous IMO. Home owners seem to manage just fine with family or friends as a contact they don't need a LL/agent to babysit. If the tenant doesn't seem like a responsible adult then the LL shouldn't let to them in the first place.

cheesymash

Hi everyone, thanks for all the replies. I haven't had a chance to log in and write a reply for a few days but have been reading the thread when I get the chance and it has been very helpful.
My Landlady has agreed to end out tenancy early and let us leave at the end of this rent period (this Wednesday). She agreed to this by text on Friday night and told us she would put it in writing for us over the weekend. However we haven't received anything in writing yet and she is now ignoring our calls. Are the text messages enough, or do we need a signed letter?

We have found a new place to rent and are going to stay with family until we can move in. We couldn't stay in our current property any longer, it just doesn't feel safe any more (did I mention the landlady lives in the flat above ours? we started to get the sense that she was keeping track of when we went out so she would know when to try and get in).


We've checked and the deposit is protected, we will change the barrel of the locks back before we go and spent the whole day yesterday scrubbing the flat from top to bottom, so she won't have grounds to make any deductions from the deposit. However I'm sure she will try and make up a reason for making deductions, I can see it being a battle to get the deposit back

quidsy

Take photos of the flat on the day you leave DO NOT vacate until she produces the paperwork to agree to the end of tenancy early & if possible have someone there to witness all signatures. Have her sign a check out inventory & make sure she sees you taking photos of the place at the same time. As soon as you are out of the door log into the DPS & request full return of deposit.

Also make sure you call all utilities in her presence & give them final readings AND take photos of meters etc if possible.

This will ensure she has no way of messing with your deposit.

If she flags anything up in inventory, put it in writing & tell her to raise it with DPS AND take a photo of it. She is not allowed to claim betterment, only for damages or excessive use (very hard to prove).

Good luck & remember, now is not the time to lower defenses & try to be nice, she is a nightmare LL & I doubt she will have a personality change over a weekend so be cautious & cover yourselves with photos & signed agreements before handing back keys.

Guest101

quidsy wrote: »

Take photos of the flat on the day you leave DO NOT vacate until she produces the paperwork to agree to the end of tenancy early & if possible have someone there to witness all signatures. Have her sign a check out inventory & make sure she sees you taking photos of the place at the same time. As soon as you are out of the door log into the DPS & request full return of deposit.

Also make sure you call all utilities in her presence & give them final readings AND take photos of meters etc if possible.

This will ensure she has no way of messing with your deposit.

If she flags anything up in inventory, put it in writing & tell her to raise it with DPS AND take a photo of it. She is not allowed to claim betterment, only for damages or excessive use (very hard to prove).

Good luck & remember, now is not the time to lower defenses & try to be nice, she is a nightmare LL & I doubt she will have a personality change over a weekend so be cautious & cover yourselves with photos & signed agreements before handing back keys.

Slightly disagree.

I would move out and leave the lock changed, as you will still be liable for rent. She'll want to do viewings and that's when u produce the paperwork for her to sign.

quidsy

My Landlady has agreed to end out tenancy early and let us leave at the end of this rent period (this Wednesday).

I read this to mean that LL had agreed that they would move out & no further rents paid. But as per my post, only hand back keys once she has signed amendment to lease AND all check out inventory has been done.

Missko

Guest - if you are a mortgage payer in Scotland then you are the equivalent of the Freeholder. So if the flat develops a leaky roof, all the owners of the flats pay towards it. (Or the council, if one of them is a council tenant).

Accordingly, in my situation, all that tripe about the freeholder getting annoyed at ME changing the locks is irrelevant. As I tried to say, more than once.

Missko

Booksurr - I have never tried to give any advice! Just state my opinion.