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Property entered without our permission

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Comments

  • saajan_12 said:
    It's a breach of tenancy law, but that is not the same as criminal law. The remedy would be an application to a court for compensation (if there was a financial loss) and/or a court order preventing a repeat (and then any repeat would be contempt of court, which IS criminal),
    There's no burgalry, theft, assault, breaking and entering, criminaldamage, or other crimal law broken.
    Trespass is not a criminal matter.
    Hence, while no one here is arguing that it is right, that is wy the police will not be interested (and rightly so).
    Yes I stand corrected. 

    It just doesn't make sense that anyone can walk into anyone else's house and so long as they don't actually break or damage or attack anyone, it's ok.

    Also feeling threatened is very subjective.  If someone had just had a nosey through my house and left again, and I was aware of if, I would feel threatened.

    I would think the police ignoring it would be a bit risky. 
    Well extend the definition of property.. if you didn't have walls around it, but your garden is fully yours. Should someone accidentally stepping on your lawn face criminal proceedings? If the don't leave when asked, or take stuff, or break stuff or keep doing it (harrassment) etc, then sure, there are more penal ways of dealing. But once they've stepped on, stepped off and left, then do the police still need to get involved? 
    There's very few people who accidentally go into a house and move things around. And there are walls and doors to help them with that point.
  • Thank you for all your responses. 

    I have rang estate agents and they have confirmed they havent been in or released to key to anyone. 

    For those asking about why I rang the police for advice is because we have previously reported the LL to the them for harassment. As well as in the past explicitly saying to the LL that we require notice and our permission to enter the property. 
    Interesting op - so you think it was the landlord and you've already had them reported for harassment, and the police still didn't do anything?

    Do you know it was the landlord? 
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Thank you for all your responses. 

    I have rang estate agents and they have confirmed they havent been in or released to key to anyone. 

    For those asking about why I rang the police for advice is because we have previously reported the LL to the them for harassment. As well as in the past explicitly saying to the LL that we require notice and our permission to enter the property. 

    Oh dear - a classic case of drip feeding pertinant information! And after 4 pages of posts.......
  • MysteryMe said:
    If you took out one poster's determination to indulge in "whataboutery" this thread would be 2 pages long. 
    To be fair I've learnt something from it which is surely what it's about - and I'm sure the op has - and actually if appears there's more to it. Sorry if I'm boring you.
  • Sunsaru
    Sunsaru Posts: 737 Forumite
    500 Posts Second Anniversary Photogenic Name Dropper
    MysteryMe said:
    If you took out one poster's determination to indulge in "whataboutery" this thread would be 2 pages long. 
    To be fair I've learnt something from it which is surely what it's about - and I'm sure the op has - and actually if appears there's more to it. Sorry if I'm boring you.
    Considering the behaviour of some people on this forum it's nice to see someone make the statement you've just made. You get a virtual fist bump from me.
    Nothing is foolproof to a talented fool.
  • No offence to OP but what I find curious is that he has not changed the locks long before now when he knows the landlord is of questionable character. Sorry for blaming the victim but most tenants with queries on here present as being entirely negligent and not giving much thought to anything. How many others former tenants have the key?
  • Slinky
    Slinky Posts: 11,266 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    We were standing in our house having breakfast in the kitchen when the tenant whose tenancy ended the previous day unlocked the front door and came in with a key he hadn't returned to the agency. Our car was parked on the drive, goodness knows what was going through his head (you'd have thought he would have rung the bell, for all he knew we could have been new tenants). He'd left the large upstairs windows open overnight leaving the property insecure. Wasn't best pleased, removed the key from him and was glad to see the back of him.
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  • PadreM
    PadreM Posts: 79 Forumite
    10 Posts First Anniversary
    Unless LL/agent has written permission to enter without notice/permission (if no reply to knocking) I would expect an apology and refund of that day's rent.  How you enforce this is unclear.  On the other hand, as you're leaving it may simply not be worth the energy, but I'd make the point in writing as potential mitigation to any LL charge on your deposit (ie, if s/he's being difficult, so are you - a 'fine' of between a day's rent and £50 for trespass).
  • HampshireH
    HampshireH Posts: 5,001 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    PadreM said:
    Unless LL/agent has written permission to enter without notice/permission (if no reply to knocking) I would expect an apology and refund of that day's rent.  How you enforce this is unclear.  On the other hand, as you're leaving it may simply not be worth the energy, but I'd make the point in writing as potential mitigation to any LL charge on your deposit (ie, if s/he's being difficult, so are you - a 'fine' of between a day's rent and £50 for trespass).
    There is absolutely no evidence the landlord was in the property. It's an assumption. 

    The OP had full access to the property at all times so no requirement for a days rent to be refunded.


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