landlord help!

real1314

I'd agree with chrissie that the clause that says you cannot change the locks was effectively invalidated by the landlord accessing the property without notice or consent. If he were to try to evict on this, he wouldn't win.
It's usually better to address such issues before taking action (i.e by sending aletter stating that you will change the locks if he acesses the property without consent) but in this case you had no choice.
I would send a letter (perhaps via CAB or your local council Private Letting dept) stating that you have changed the locks due to his continued unconsented accessing of the property.

Here's a quote regarding access:

"4.4 What rights does the tenant have?

Quiet enjoyment
You have the legal right to live in the property as your home. The landlord should
ask your permission before he or she enters the premises."

Found in the government booklet here: http://www.communities.gov.uk/documents/housing/pdf/138289

kiddy_guy

Hi Kymmie

All the advice everyone else is giving is spot on. I rented myself for 4 years and know that your landlord has to give you prior warning.

However the only thing I would add that I don't think anyone else has, is that whilst you can tell him not to enter, and send him all official documentation showing he has to give notice etc..., at the end of the day, he can turn around and say he wants you to go if thinks you are being a pain in the neck. Again he'll have to give notice to you, but seeing as he seems not to pay any attention to the law, he'll probably want to kick you out quite quickly. I agree with all the other advice, but if you do it in such a way that will annoy the landlord he may just say thanks but no thanks to you, and he may threaten to keep your deposit etc...which of course you will be able to get back eventually, but it will be a lengthy process dealing with an angry ex landlord.

I suppose the message is, tread carefully - show the landlord the right level of "niceness" to get the result you want, without losing your home and deposit.

Generali

As I understand the law (which is imperfectly) what he is doing constitutes harassment which is a criminal act.

blue_monkey_2

Bear in mind that while he can 'kick you out' there are various proceedures that have to be followed:

S21 served - 2 months notice
You refuse to leave, he applies to court: 4-6 weeks for a hearing
Court give you 2 weeks to leave
You still refuse t leave
he appliesfor a bailiff warrant - another 2-4 weeks.

He has to follow these procedures and cannot just tell you to leave.

He is harrassing you, I'd say the same as everyone else and call the police if he tries again. Keep a diary and after, say, a month, go to the police with all the notes of what he has been up to.

tbs624

Kymmie - you do not have to put up with this behaviour from your LL. When you are renting a property you entitled to what is known as “quiet enjoyment” of the property, which means being able to live there without undue interference from the LL or anyone else acting on his behalf.
I agree with Generali - it sounds like tenant harassment to me, which is a serious matter. You say you are in Nottingham - the Council there has a Housing Aid Office on Nottingham Street and they open at 8.30am midweek. Tel 0115 915 3000 and make an appointment to talk to someone there (that phone number can also be used for out -of -office -hours emergencies). Others on here have already suggested contacting Shelter - their national helpline is 0808 800 4444 and local to you there is also the Nottinghamshire Housing Advice Service tel: 0845 2 414 515 (lo-call no.) or see here: http://www.shelter-nhas.co.uk/.
They should be able to either get one of their advice workers to help you, or put you in touch with a local solicitor who can see you for a fixed fee appointment. If your LL hasn’t given you all the paperwork that you should have - tenancy agreement, deposit protection info, gas safety certificate etc - then let the advice worker know about that too. Do get some help locally as soon as possible.

Princess_Jane

we had this problem with our old LL until my OH moved in who is 6ft 4 and takes no crap.
OH told him if he heard anyone in the house when we weren't expected it he would assume it was a burglar and use reasonable force to restrain them until the police arrived.
Added to that we called the police every time he tried his little tricks.
He tried to get clever with them and they turned up at his house very early one morning for a chat to explain what OUR legal rights are.
For an encore we put up huge posters when he was showing prospective new tenants round, saying if Mr X tries to enter the property uninvited then call police and give this crime number.

Remember it might be his house but it is your home.

Gorgeous_George

Have you got any large cousins or friends that can remind the LL of his responsibilities?

GG

kymmie_2

Oh my god that thing of a landlord came round just a few moments ago started to shout abuse at my my fourteen year old her friend and my partner!! calling us ''f**king stupid'' and to give him a ''f**king key to HIS PROPERTY NOW'' and pointing at my partner and stating ''IM NOT F**KING LEAVING UNTIL I GET A F**KING KEY'' so of course as it started i called the police the woman on the end of the phone could hear him but i couldnt hear her she was like 'Hello can you hear me what help do you need?'' I was just like ''HELP MY LANDLORD IS VERBALLING ABUSEING MY PARTNER I HAVE TWO MINORS IN THE HOUSE AND IM SO SCARED HE IS GOING TO HIT HIM!!''

of course he took my partner outside in perfect view of my neighbours and the police pulling up at the front door... of which yeah he calmed right down stating to the police that there has been some misunderstanding and that they wernt needed!! and not to worry about nothing and that its just over a key! yeah..

Well after about 20 minutes of discussing with one officer on each side they said that he was NOT to enter the property without either my or my partners concent... and after ALL the abuse he gave my fourteen year old he only went and said in front of the officers ''well my priority is of course the fourteen year old and her privicy'' YEAH! RIGHT! so NOW he says that! infact i have to be honest i did state to the officers in front of that thing of a landlord that ''Well thats the first that you have said that are you sure that you are not telling porkys?'' lol

And now he seems to think that he will NOT enter the property without speaking to me or my partner first or if the house is on FIRE! (yeah im going to love to see this one happen!)

kymmie_2

Gorgeous_George wrote: »

Have you got any large cousins or friends that can remind the LL of his responsibilities?

GG

If only i did the only useful thing i have is a lawer for an uncle lol of course this thing dont know it! lol

Bungarm2001

Bottom line is, he has no right to enter your property without giving you 24hrs notice in writing...that's the law...full stop. No excuses.

If I were you, I would call the cops everytime he tried this on, also think about serving him with some kind of legal warning for harrassing you at your place of work. He simply cannot get away with this behaviour.

Of course the big worry is him coming around to your home when the youngster is in...you do right by telling her to just call the cops if and when he tries to enter the property.

Hopefully, he will get the message finally, and leave you all alone.

If he does try to evict you, or doesn't want to renew your tenancy when the present one ends, will you be that upset?? If I was in your position I would run a mile and good riddance to him.

As for your deposit, as someone else posted, he has to BY LAW tell you where the deposit is, who or what company is holding it on your behalf. I hope you have an inventory too in case this LL tries to charge you for all sorts when you do leave. (I bet he does...)

I'm all for a reasonable approach in most cases as some one else has posted, but it sounds to me that this has gone far beyond all reasoning. I really hope you can get this sorted and get some peace of mind. People like him give other landlords a bad name.

Good luck...let us know how things work out.