Is the Landlord acting lawfully?

Sparky67

My husband lives near his workplace during the week and has just taken a new rental - the property is self contained but part of the private landlord's house (converted garage).  They share no living space.  The Landlord cut the rent  payable down for a 5 day per week residency.
 
My husband has been given an "assured shorthold tenancy" agreement stating he can occupy from 5pm on a Sunday to 10.30am on a Monday.  This doesn't meet the criteria for an AST, but out main issue is the behaviour of the Landlord.  After my husband left for work on Friday the Landlord went in (uninvited) and sent a long complaint that rubbish hadn't been cleared up (all had been removed, save a juice box used for breakfast that morning), the place wasn't clean (breakfast dishes rinsed but not put away), and rug had moved a couple of inches (I kid you not).

Now, I am sure the Landlord will be saying he is entitled to go into the property outside the times of the "tenancy", but surely it is unreasonable that every weekend the Landlord can let himself in and inspect the place without any warning?  I think the difficulty comes from the tenancy which states he doesn't have a right of occupancy over the weekend hours, but he is allowed to keep his stuff there - the reduced rent was agreed because he would only be there 5 days a week rather than 7.
The agreement also states that no-one can enter the property without the Landlords prior permission.  I understand that people shouldn't be stopping overnight, but it expressly forbids any visitor to the property without prior agreement which seems a tad restrictive.
The tenancy reads to me like one that someone who doesn't know what they are doing has had a go at, and I appreciate that my husband doesn't have as many rights as an AST, but surely the Landlord can't just enter the property like this?

Hasbeen

So your husband is a lodger?

Sparky67

Well, probably, but he has lived in other properties where he is a true lodger, sharing kitchens.  This is self contained and not sharing a kitchen or bathroom.

[Deleted User]

Sparky67 said:

My husband lives near his workplace during the week and has just taken a new rental - the property is self contained but part of the private landlord's house (converted garage).  They share no living space.  The Landlord cut the rent  payable down for a 5 day per week residency.
 
My husband has been given an "assured shorthold tenancy" agreement stating he can occupy from 5pm on a Sunday to 10.30am on a Monday.  This doesn't meet the criteria for an AST, but out main issue is the behaviour of the Landlord.  After my husband left for work on Friday the Landlord went in (uninvited) and sent a long complaint that rubbish hadn't been cleared up (all had been removed, save a juice box used for breakfast that morning), the place wasn't clean (breakfast dishes rinsed but not put away), and rug had moved a couple of inches (I kid you not).

Now, I am sure the Landlord will be saying he is entitled to go into the property outside the times of the "tenancy", but surely it is unreasonable that every weekend the Landlord can let himself in and inspect the place without any warning?  I think the difficulty comes from the tenancy which states he doesn't have a right of occupancy over the weekend hours, but he is allowed to keep his stuff there - the reduced rent was agreed because he would only be there 5 days a week rather than 7.
The agreement also states that no-one can enter the property without the Landlords prior permission.  I understand that people shouldn't be stopping overnight, but it expressly forbids any visitor to the property without prior agreement which seems a tad restrictive.
The tenancy reads to me like one that someone who doesn't know what they are doing has had a go at, and I appreciate that my husband doesn't have as many rights as an AST, but surely the Landlord can't just enter the property like this?

For the contract to be an Assured Shorthold Tenancy it must be the tenants only or main home. This isn't your husband's only on main home so regardless of what the contract says it cannot be an AST. At best I'd say your husband is an occupier with basic protection.

greatcrested

Whatever the contract calls itself, it is not an AST, as explained above.

Having said that, any terms or clauses within the contract are binding (unless contrary to law) on both parties. So if it says the LL cannot enter without prior warning/consent, then that is binding. Please quote the exact clause.

It's quite common in scenarios like this for the LL to have access to/use of the property over the weekend - after all the occupant has a reduced rent due to absence so is arguably not renting the propery on those days. But the devil is in the wording!

Given that this sounds like a situation that might escalate, what are the terms of the agreement?

* Is there a agreed fixed term (eg 3 months)?

* if not, it is 'periodic' - is rent paid weekly? Monthly?

* Is there a specified notice period? If yes, how exactly is it worded?

hb2

Sparky67 said:

My husband has been given an "assured shorthold tenancy" agreement stating he can occupy from 5pm on a Sunday to 10.30am on a Monday.  

That's pretty limited!

Crashy_Time

Just tell the landlord you don`t appreciate the advice on how to tidy up and move elsewhere, maybe he will learn...maybe he won`t.

Sparky67

I appreciate that although it SAYS its an AST it is not.  My main issue is whether the Landlord can enter the property every weekend, without notice, to fully inspect the property and then complain about any dish or rug out of place?  Surely this would be acceptable at the end of the tenancy, but you can't treat every Friday like the end of the tenancy!

The tenancy states:  "That the tenant paying the rent and performing the agreements on the part of the tenant may quietly possess and enjoy the property during the tenancy without any lawful interuption from the Landlord..."

The problem is, the let was agreed at a reduced rate for someone only wanting 5 days.   Normally, the room or area is let but the Landlord just agreed a lower amount of rent as the tenant will only be there 5 days a week and not 7.  However, this Landlord has now specifically written into the contract the tenancy is from 5pm on a Sunday until 10.30am on the following Friday (edited)- his argument will be that outside of those times the tenancy doesn't exist so he is within his rights to enter the property?

I am not so concerned about what the tenancy is, as whether the Landlord can enter the property on a weekly basis without giving notice and do a full inspection? 

HampshireH

Sparky67 said:

I appreciate that although it SAYS its an AST it is not.  My main issue is whether the Landlord can enter the property every weekend, without notice, to fully inspect the property and then complain about any dish or rug out of place?  Surely this would be acceptable at the end of the tenancy, but you can't treat every Friday like the end of the tenancy!

The tenancy states:  "That the tenant paying the rent and performing the agreements on the part of the tenant may quietly possess and enjoy the property during the tenancy without any lawful interuption from the Landlord..."

The problem is, the let was agreed at a reduced rate for someone only wanting 5 days.   Normally, the room or area is let but the Landlord just agreed a lower amount of rent as the tenant will only be there 5 days a week and not 7.  However, this Landlord has now specifically written into the contract the tenancy is from 5pm on a Sunday until 10.30am on a Monday - his argument will be that outside of those times the tenancy doesn't exist so he is within his rights to enter the property?

I am not so concerned about what the tenancy is, as whether the Landlord can enter the property on a weekly basis without giving notice and do a full inspection? 

Twice now ive seen this.

So the "tenancy" is just for 1 night of the week? Sunday evening to Monday morning?

What does the agreement say about the landlord accessing the property for inspections etc. That's the bit you need to look at.

Any agreement where someone resides for only part of a week should explain what happens on the other days.

In your husbands case it sounds like the landlord could rent it out on weekends (depending on what was agreed) As a 5 day licence or tenancy means no access /use on the weekends. 

Alternatively it could mean he can use the property as he pleases for 7 days a week on an AST but is only allowed to sleep their 5 nights a week. Using it for storage on the other 2 days.

I'm not aware enough on how it can't be an AST on the basis that he lives else where on wekeends. As I know of people who rent 1 property & own one and have an AST without an interferring landlord. (Beyond my knowledge so not going to pretend I know the legalities on the private rental aspect here)

I would have assumed a 5 night agreement would have been a licence.

Either way its what is written in the agreement which is important

Sparky67

Sorry - I mean the it is an agreement from 5pm on a Sunday until 10.30am the following Friday.
Basically he arrives Sunday evening, goes to work each day, and comes home after work on a Friday.

davidmcn

Sparky67 said:

it is an agreement from 5pm on a Sunday until 10.30am the following Friday.

What do you think that means, if not that the landlord has the use of the premises from 10.30am on Friday to 5pm on Sunday? If your husbands wants 24/7 exclusive occupancy then he should have signed an agreement which said that.