Legal Representation

Di_Marco

I am a private tenant. My landlord is a company. There has been breach of the right to quiet enjoyment for the past 17 months. Basically, the company director has moved several members of her family into the tenanted property. The flat is like a hotel - people come and go all the time without my consent. I pay rent and they don't.
Because of their illegal occupation I am been subject to extreme anti-social behaviour. I wrote to them before (when I couldn't get any solicitor to sign off on a statutory declaration) and they still refused to move out - they are actually laughing at me because there has been no legal action on my part.
I have been looking for a solicitor to write a cease and desist letter to make them go away, but it appears that the legal system is unfairly skewed in favour of landlords.
The websites of many firms of solicitors in London who claim to be experts in landlord-tenant disputes only advertise their services from a landlord's point of view.
Does anyone know any solicitors in South London who deal with tenant problems?

theartfullodger

Does your tenancy agreement grant you the whole building (eg "Property: 63 Acacia Avenue..)


- or just a room -

(eg "Property: Room 3, 63 Acacia Avenue).


If just room then the landlord can choose who he wishes to permit to stay in other rooms, for rent or not, as he sees fit.


Most solicitors will help you: For a fee. Ask for a free 15 minute discussion to see how they might help (or not..)

G_M

* is this England?
* are you a tenant or a lodger?
* does your tenancy cover the flat? Or a room in the flat?
* are you in a fixed term contract?If yes, start and end dates?
* or is the contract 'rolling' ( week by week/month by month)?
* what is the notice period?
* if you are a tenant, were you given an EPC? Gas report? Gov leaflet?
* if a tenant and you paid a deposit, was it registered in a scheme within 30 days? Did you receive the 'Prescribed Information'?


Assuming you have the legal right to exclude them (answer the questions above!) the simplest solution is to buy replacement locks, wait till they are all out, and then change the locks. Cheap, quick and easy to do. See


https://www.youtube.com/watch?v=LA580cRHXDY


https://www.youtube.com/watch?v=V1WP3o4jAFc

Di_Marco

1. The property is located In Beckenham, Kent, England.
2. I rent a room and share other facilities as a tenant. There is no rental agreement.
3. I have a statutory periodic tenancy (monthly).
4. In the absence of a tenancy agreement, the notice period is determined by law (deemed to be one month).
5. After being served with 11 Section 21 notices, I advised the landlord that I couldn't be thrown out through the courts on the strength of the Caridon Property Ltd v Monty Shooltz case. I was never given a gas safety certificate before I occupied the property.
6. My deposit was never protected but it was returned to me. The landlord refused to go to court (even after serving me with 11 eviction notices).
7. So, if I rent just a room, does that mean that I do not have a common law right to quiet enjoyment? I barely sleep because of ongoing anti-social behaviour on a daily basis. Besides, the company director has visited the property more than 300 times since I moved in. Recently, builders have visited to quote for future renovation works without my permission.
8. Changing the locks could be a problem - I don't control the whole flat. Isn't that sufficient ground to issue a Section 8 notice?

The landlord is a company holding investment properties for rental. Although the director owns shares in the company, it is the company that owns the property (Salomon v. Salomon).

Thus, all family members (including the director) do not have acquired rights to come and live in the property. By doing so, the company has exceeded her powers under company law (dereliction of duties) and could be prosecuted jointly with the company.

In my view, as long as the property is tenanted, the tenants’ rights would be violated if there was illegal occupation by other people who come and live there rent-free. That would be a fundamental breach of the covenant of quiet enjoyment which is guaranteed under common law from the day the tenant occupies the property.

Allowing family members into the flat only works if the property is empty.

In any case, whether there are tenants or not, the director has to declare additional income on her tax return in the form of living accommodation (a P11D benefit), which runs into thousands of pounds for each family member who doesn’t pay rent. The director is not aware of this and, thus, would have filed a tax return with under-declared income.

G_M

Di_Marco wrote: »

1. The property is located In Beckenham, Kent, England.so English law
2. I rent a room and share other facilities as a tenant. There is no rental agreement. Yes there is. Youpay rent. You receive accommodation. The agreement is oral but legally valid.
3. I have a statutory periodic tenancy (monthly). So you started with a fixed term?

My suspicion is that in fact your tenancy was periodic from the start yes? In which case it is a Contractual Periodic Tenancy.
4. In the absence of a tenancy agreement, the notice period is determined by law (deemed to be one month).
Yes. In this case, 'the law' is contract law, so whatever was contractually agreed at the start in the oral contract.
If no agreement was reached, then it is deemed by Common Law to be one full tenancy period (not one month).

5. After being served with 11 Section 21 notices, I advised the landlord that I couldn't be thrown out through the courts on the strength of the Caridon Property Ltd v Monty Shooltz case. I was never given a gas safety certificate before I occupied the property.
If the S21 is invalid, the courts will not grant the landlord possession. Lack of a gas report is one reason the S21 may be invalid. Check these 88 questions forother possible reasons.
S21 checklist (Is a S21 valid?)

You are correct about the ruling in Caridon Property Ltd v Monty Shooltz though it should be noted that was a County Court case, and so is not legally binding on other courts. So a different judge in a differet court might come to a different conclusion - eg that provided a valid gas report has been given to the tenant at the time of the S21 service, the S21 is valid. Until ruled on by a higher court, the law is uncertain.

6. My deposit was never protected but it was returned to me. The landlord refused to go to court (even after serving me with 11 eviction notices). If the deposit has been returned, the S21 is valid (from that perspective).
If the LL has not gone tocourt,you do not need to leave.

7. So, if I rent just a room, does that mean that I do not have a common law right to quiet enjoyment?
You have a right to 'quiet enjoyment'. The definiton of QE is open to interpretation.
It is also subject to oter rights eg of the landlord.

I barely sleep because of ongoing anti-social behaviour on a daily basis. Besides, the company director has visited the property more than 300 times since I moved in.
The LL has an unrestricted right of access to the common and shared areas.

Recently, builders have visited to quote for future renovation works without my permission.
Did they access your room? For that they need your consent, or as a minimum, 24 hours prior notice.

8. Changing the locks could be a problem - I don't control the whole flat. Isn't that sufficient ground to issue a Section 8 notice?
Wen I suggested changing the locks, I had assumed you were renting the flat. You are in fact renting a room. You can change the lock to your room, not to the flat.


The landlord is a company holding investment properties for rental. Although the director owns shares in the company, it is the company that owns the property (Salomon v. Salomon). I don't understand the relevance.

Thus, all family members (including the director) do not have acquired rights to come and live in the property. By doing so, the company has exceeded her powers under company law (dereliction of duties) and could be prosecuted jointly with the company.
You only have exclusive occupation of your room. The company, as landlord, can grant access to whoevever they wish to the rest of the flat, whether as tenants (with their own room plus shared use of kitchen etc) or as licencees eg non-rent-paying family etc.

In my view, as long as the property is tenanted, the tenants’ rights would be violated if there was illegal occupation by other people who come and live there rent-free.
Your tenancy rights are only violated if there is unauthorised occupation of the area covered by your tenancy, towhich you have 'exclusive occupation', which appears to be your room.

That would be a fundamental breach of the covenant of quiet enjoyment which is guaranteed under common law from the day the tenant occupies the property. Nothing to do with QE.

Allowing family members into the flat only works if the property is empty. No. You do not (apparantly) have exclusive ocupation of the flat.

In any case, whether there are tenants or not, the director has to declare additional income on her tax return in the form of living accommodation (a P11D benefit), which runs into thousands of pounds for each family member who doesn’t pay rent. The director is not aware of this and, thus, would have filed a tax return with under-declared income.

Well I doubt you really know what the director has filed in their tax return!
And if no rent is paid, there is no rental income.
Arguably, and possibly, if the family members are employed by the company, then they could be receiving a benefit in the form of free accommodation on top of their company salaries, but you really are not privy to either their employment or taxation affairs are you....?


To be honest, I'm unclear what you are trying to achieve here:
* to fight a S21 and remain as a tenant? You appear to be on a winner given the gas report, and failure of the LL to go to court.

* to restrict the LL's access to the flat? You can't.
* to restrict the LL's family from the flat? You can't.
* to restrict the LL/family's access to your room? Is there a lock? Change it.
* to restrict the LL/family's activities and noise? This is really an issue of social living - frequently a bone of contention in shared accommodation. Possibly a common law 'nuisance'? But realistically, little you can do.


My personal advice would be to find somewhere more congenial to live, serve notice, and leave.....

caprikid1

Just explain to us why you wish to live there ? What's your endgame ?

ethank

Not being funny, but if I had been subjected to these hostile behaviour for all that time, I would just leave. What is it that you are wanting to do? It sees the landlord wants you out and you want to argue a legal case against that?

PasturesNew

It's just a room. Shared houses, housemates, are mostly a pain in the butt.

There is nothing to be gained by trying to fight your corner. Nothing. If he was forced to move them all out - others would come - and he might even choose them vindictively,

You need to accept the fact you should move out and put this rabble behind you.