Landlord won't let us leave

benjus

Bastiat wrote: »

They rely on the tenants ignorance of Unfair Terms Regulations

If it did specify 24 hours' notice, I'm not sure it would be an unfair clause, since it's in line with the landlord's right of access for inspections with 24 hours' notice (Landlord & Tenant Act 1985).

benjus

alleyway wrote: »

What implications might that have for me though? Could the LL have the right to force access?

No, but landlords have been known to do so. If that happened you'd need to call the police and report an illegal eviction. And don't let the police side with the landlord or claim it's a civil matter. Quote the Protection from Eviction Act 1977 at them if necessary.

But let's not get too far-fetched... it's unlikely to get this nasty.

If I were you I'd just get out of there as soon as you can and save yourself the stress.

Bastiat

benjus wrote: »

If it did specify 24 hours' notice, I'm not sure it would be an unfair clause, since it's in line with the landlord's right of access for inspections with 24 hours' notice (Landlord & Tenant Act 1985).

Landlords have a right of access for inspections and repairs. Everything else is subject to the tenant's permission: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284440/oft356.pdf

dgtazzman

You can always come to a compromise with the LL and stipulate days/times for viewings that are convenient FOR YOU. I'd also make it very clear no viewings are to take place without you being present and a minimum of 24 hours notice is required, loose fingers might see some of your stuff disappear into somebody's handbag etc.

If they don't agree to those terms, refuse viewings completely and change the barrels of the locks, so they don't have a key to enter behind your back.

If it ever went to court (which is highly unlikely), you making a reasonable offer as above would be looked on in your favor. You'll probably be gone before it ever gets in front of a judge anyway.

Guest101

alleyway wrote: »

What implications might that have for me though? Could the LL have the right to force access?

No they don't. They'd have to go to court. Since the deposit isn't protected you cannot be in your last two months of tenancy, so they'd lose

Pixie5740

Your LL can't just enter your home whenever she feels like it and I'm not surprised you feel violated. Your LL sounds like a clueless twit.

By law you require 24 hours written notice before the LL or an agent acting on her behalf can enter your home. Even then you don't necessarily need to let them in depending on what is says in your TA. If it says you need to allow viewings in the final month of your contract that's one thing but you're not in the final month of your tenancy as neither of you have served notice yet (and any notice she serves is likely to be invalid anyway).

You need to read your TA to see whether you'll start a Contractual Periodic Tenancy or a Staturory Periodic Tenancy at the end of the fixed term. It makes a difference in terms of notice you will need to serve. By the sounds of things you'll want to get out of here sooner rather than later.

Write (ink, paper and a stamp, get proof of postage) to your LL at the address for the serving of notices in your TA. Remind her that you require, by law, at least 24 hours written notice before anyone enters your home and that you hope the latest visit by the LA was just an oversight. Also ask her to provide the details of where your deposit is being held. Don't go in all guns blazing just yet.

If necessary you can change the barrels of the locks to prevent the LL and LA entering your home whenever they feel like.

You might also benefit from giving Shelter a call.

rpc

benjus wrote: »

If it did specify 24 hours' notice, I'm not sure it would be an unfair clause, since it's in line with the landlord's right of access for inspections with 24 hours' notice (Landlord & Tenant Act 1985).

Provided it was reasonable and was exercised in a reasonable manner, it would probably be fair. Reasonable is in the eye of the beholder - daily access is unlikely to be reasonable but neither is a blanket denial. But as the LL has interfered with OP's belongings, a blanket denial starts to look more reasonable.

In any event, the clause as written is almost certainly unfair so it should be treated as if it does not exist. Unfair clauses are not to be interpreted as if they were written fairly, they are to be ignored. So I suggest that LL has NO contractual right of entry and may only enter for the purposes of their statutory repairing obligations.

Pixie5740 wrote: »

By law you require 24 hours written notice before the LL or an agent acting on her behalf can enter your home.

The law only permits entry to manage repairing obligations. Any other access (inspections, estate agents, potential buyers) is a matter of contract and/or agreement.


In reality, the T can deny access at will and if the LL attempted to force access without a court order he would quite possibly be breaking civil and/or criminal law. The most sensible solution for a LL is eviction.

jjlandlord

A landlord using a spare key to gain access is not forcing access.

Forcing access is really entering when the tenant is there and prevents access.
That would likely have criminal consequences.

benjus

rpc wrote: »

The law only permits entry to manage repairing obligations. Any other access (inspections, estate agents, potential buyers) is a matter of contract and/or agreement.

That's not entirely true - the Landlord and Tenant Act 1985 contains the following provision:

The landlord, or a person authorised by him in writing, may at reasonable times of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.

However, in this case I do agree that prohibiting viewings is both reasonable and not in contravention of the tenancy agreement.

tripled

alleyway wrote: »

I spoke to the LL today [... she] has agreed that i can live out my remaining on a pro-rata basis. I've got a result there, free to leave when we want.

And you have this agreement in writing?