Need advice re student landlord

littlepepper

I'm just trying to pre-empt some potential trouble with my landlord and have two issues:

First, although there is a "quiet enjoyment" clause in our contract, there is also a clause saying that the landlord or landlord's agent can show the property during reasonable daytime hours even if we are not there. There is another clause saying that the landlord or agent can at all reasonable times upon prior appointment enter the premises to inspect the condition. These clauses seem contradictory. The landlord comes round whenever he wants without warning anyway.

For the last 6 weeks we have had 4 different agents showing people round anytime during the day, evening or weekend. We are all studying for finals in April and it's really getting to us as you can't relax as they often don't even knock, just come barging in. Also, they let the viewers wander round unsupervised and our front door doesn't shut easily so I'm worried that our stuff will get stolen. The main reason they're having trouble finding tenants is that the house is not well maintained and there are many better houses available for the price.

I'm putting up with this as it is something to complain about if they try to withhold our deposit when we leave in June but do we have any right to stop them coming in when we're not present?

Secondly, some workmen have been looking round the basement and measuring up. I suspect they may be thinking of putting in an extra bathroom or just doing the place up (1 bathroom for 5 people may be another reason no one wants the house).

I'm more concerned about this as any work in the house will seriously disrupt our revision, especially as my bedroom is on the ground floor. The last time when they only replaced a radiator they made a huge mess that took us ages to clear up. If they decided to carry out this work is there anything I could do to stop them?

Thanks

budget_counsellor_shaz

This sounds awful. Your landlord appears to be behaving unreasonably. I would never dream of doing this!

Speak to your accomodation office at the uni they should be able to advise you to what you should do.

When we had a problem with a couple of tenents they were really helpful.

All the best with your exams.

littlepepper

Thank you for your advice. I have been looking online and feel a bit reassured that we have more rights than we thought we did.

clutton_2

please do not stop paying the rent - this is especially foolish advice. do a search for "quiet enjoyment" on here - IRRESPECTIVE of what it says in your tenancy agreement, your landlord simply CANNOT let himself in unless there is a serious emergency - fire, gas leak, floods - that type of thing.

i would agree that you get your student accomm officer to write to him and explain things.

bw

MissMoneypenny

Try the local council, Shelter and the CAB too if you don't get any help from the university accommodation office. Can one of the parents do this for you all, so you can concentrate on your studies?

tbs624

It is distressing when some landlords behave like this. As someone else has already said, please do not follow any suggestions that you withhold your rent because that puts you in breach of contract. However, your landlord has no right of entry *without notice*, except in the event of an emergency.

Here’s what the Office of fair Trading says on unfair terms in contracts:
We would object to a provision giving the landlord an excessive right to enter the rented property. Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants 'exclusive possession' and 'quiet enjoyment' of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant's consent, except for good reason.
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

I would write a polite letter to the landlord (& keep a copy) explaining that you are happy to accommodate people being allowed to view at agreed times, and only when one or more of you as tenants are able to be present. If you know which Agents he is using send them a copy too, addressed to the Managing Partner. It’s easier to demonstrate that you have been reasonable, in the event of a dispute, if you keep notes on visits, phone calls & have copies of correspondence. If s/he has building work to do, again ask him/her to put the times/dates/nature of the work *in writing* to you.

As others have said, you can ask your Uni Accommodations Officer to help you, or Shelter, or your local Council should have someone who deals with the privately rented sector and harassment issues. Is your landlord signed up to a local or national landlord association? Many are because membership gives you a discount on insurances etc, and your landlord may also have signed up to a Code of Practice: s/he will certainly be required to do so if they are registered on the Uni approved lists.

Sometimes it’s the landlord’s ignorance on the finer points of law and sometimes it’s simply that they think the tenant won’t mind, or that they won’t know what their rights are, especially if they’re young and/or students. (Before anyone pounces - yes if they’re letting property, ignorance of the law is no excuse!) Calmly letting them know in writing that you * do* know your rights may be sufficient. Also, if your parents were asked to guarantee your rent, get them to write or speak to the landlord on your behalf.

You say you are worried about him/her withholding your deposit: if your contract was signed after 6 April 2007 then your deposit should be held under one of the 3 deposit schemes and any deductions have to be justified.

[FONT=&quot]Good luck with sorting it out and with your studies/exams.[/FONT]

littlepepper

Thank you all again for taking the time to reply.

We signed in January 2007 through an agency. I have no intention of withholding rent as I know that would put me in the wrong.

I'm not getting much support from my housemates who think I'm over-reacting. They don't seem to care that much but most of their belongings are at their parents houses, they go home a lot and seem to think it's the landlord's house to do as he pleases with. They're only concerned about the disruption of cellar work. I feel more vulnerable because I have nowhere else to go, this is my only home and everything I have is in this house. In my last house the landlord was fantastic but I moved into this house a year after the others had signed up.

I think I will just leave it unless they force their way into my room or start work on the cellar (which is full of boxes of my stuff). If that happens, I will get in touch with the estate agent and if they refuse to acknowledge our rights to quiet enjoyment I will go to Shelter or the uni.

clutton_2

unless you write to your LL - this behaviour will continue - pls have courage and get someone else to write to LL on your behalf. You are legally ENTITLED to peace and quiet.