Landlord causing problems. Please help.

sooz

The are new rules about the management of HMOs (even non-licensable ones) which came into effect on 1st October

http://www.stockton.gov.uk/resources/housing/14732/hmos/hmostatutoryinstruments/statinst372.pdf

(i know the link says Stockton, but it takes you to the Statutory instrument, as I couldn't get the direct link to work)

Included in this, it says the tenants must allow the manager 'at all reasonable times to enter' in order to fulfil his duties under these new regs.

This includes things like checking the fire detection system once per week, and keeping records of his checks.

You cannot lock him out!

This does not, however, mean that he can allow other people the keys to your house, or to use your shower.

Check the HHSRS regs for the right to be kept free of intruders.

Also, another poster was right about the number of people allowed to use facilities. You need to check with you local council what their interpretation of the rules are, but usually if there are more than 4 people you need an additional bathroom...so you are awfully sorry, but you can't let them in to use yours, unless he builds you another bathroom too!

red40

There are now no specific facility/amenities numbers a council can state as per a statutory instrument.

They can only apply what is 'an adequate number of bathrooms, toilets and wash-hand basins suitable for personal washing for the number of persons sharing those facilities.'

The same also now applies to the 'unpopular' wash hand basin rule where it has to be 'reasonably practicable'.

Speak to your council and if they are any good, they will be able to stop the landlord in his tracks, before this intrusion takes place.

MissMoneypenny

thesaint wrote: »

I am not sure where abouts you live, but in my city, you would have no chance of getting a crime reference number for a maintenance man doing what the OP has described.

Which city is this where the police don't uphold the law? I'm on some police forums, so I'm interested in this one.

sooz

The police can't give a crime reference number, as what the maintenance man was doing was not a crime!

Please look at the link I posted. The OP lives in an HMO.

As such, according to this government, he is inherently stupid, and much more likely to kill himself or others, through his stupidity (no offense OP )

Therefore the manager has a responsibility to enter the property at all reasonable times, to fulfil his duties as manager. These include checking to see that the fire and smoke alarms work, that the automatic door closers have not been removed, that the fire exits are not blocked with rubbish, that the handrails are fixed securely etc etc.

He cannot change the locks on his front door (but he could on the door to his bedroom) and he can't prevent the manager or his staff entering the common parts.

This does not, however, mean that the owner can hand out keys to others to use his shared facilities.

thesaint

olly300 wrote: »

Harrassment is both a criminal and civil offence.

LL or their agents harrassing tenants it considered more seriously than if someone else harrasses the tenant. Therefore if the handyman or the other tenants enter the property report it at the local police station as harrassment by the LL, ensure you get a crime reference number and change the locks.

thesaint wrote: »

I am not sure where abouts you live, but in my city, you would have no chance of getting a crime reference number for a maintenance man doing what the OP has described.

I would be inclined to think that you would be hard pushed to even get an incident number.

MissMoneypenny wrote: »

Which city is this where the police don't uphold the law? I'm on some police forums, so I'm interested in this one.

sooz wrote: »

The police can't give a crime reference number, as what the maintenance man was doing was not a crime!
<snip[>

The city I live in is immaterial, as sooz said (I paraphrase) "What crime".

If anyone's local police force recorded what is happening as a crime, they have got too much time on their hands. :A

A quick chat with the landlord would probably sort it out quicker than illegally changing locks etc.

guppy

thesaint wrote: »

Their is no provision in English law for changing the locks.

The Police were talking out their :lipsrseal

There is nothing to stop the tenant changing the locks. The Landlord has no right to a key. For the duration of the lease, the tenant has been granted exclusive occupation of the property.

This means he has the right to exclude the LL or anyone else, except in certain circumstances.

thesaint

guppy wrote: »

There is nothing to stop the tenant changing the locks. The Landlord has no right to a key. For the duration of the lease, the tenant has been granted exclusive occupation of the property.

This means he has the right to exclude the LL or anyone else, except in certain circumstances.

What you say is too 'technical', could I ask for you to reply in 'Plain English'.

Is there provision in English law for a tenant to change the locks?

red40

thesaint wrote: »

Is there provision in English law for a tenant to change the locks?

Not that I have heard of saint, but then again I haven't heard of any English law that says a tenant cant change locks.

franklee

red40 wrote: »

Not that I have heard of saint, but then again I haven't heard of any English law that says a tenant cant change locks.

Does the law set out to document everything a person can do or does it set out to document everything person cannot do? Or possibly some of each?

I'll do something unless someone can point out a law to say I can't! I mean there isn't a law to say I can change my socks, but I still do that occasionally Is anyone implying I shouldn't :rotfl:

thesaint

red40 wrote: »

Not that I have heard of saint, but then again I haven't heard of any English law that says a tenant cant change locks.

It is my belief (Maybe wrongly) that locks form part of the fixtures and fittings of the building, so I would expect that a tenancy agreement stating that these things can't be changed without the express consent of the landlord would be unlawful.

Thinking 'Outside the box' for a moment,

If joint owners of a property were to have a disagreement and one of them changed the locks, the court would tell them that they are not within their rights to do this, if this is the case, I would expect a court to say the same to a tenant whom has changed the locks.

I honestly don't know, and welcome productive answers to my query.

:A

Cry babies need not answer.