What recourse do I have against bad landlords

neverdespairgirl

It's being abused here!

moneysavinmonkey

Tozer I can only assume that you have never been in the situation of the OP. I have and can not emphasise enough how frustrating and unsettling it is to have a landlord who enters your home without permission. I found it really stressful and anything that could be done to gain a little bit of control into your life over someone who is ridding roughshod over you is a great comfort - whether that be changing the locks or handing in your notice. To be honest, even if it definitely was against the tenancy agreement I would probably still advise fitting extra locks for this reason.

The OP has asked for advice on what she could do and we have given options.. it is up to her to decide whether or not to act on any of those options and which is appropriate in her own circumstances. Why are you defending the landlord?

I don't see that there is anything mean-spirited about instigating a tax inspection if you have a suspicion that someone is evading tax. Unless you have not been keeping your records properly or have something to hide there is nothing to it. In any case, the inland revenue will probably just write to them saying we are aware you have a let property, please declare any income from this - they could have just have easily have gotten that information from the letting agents. link

moneysavinmonkey

solventblackbird wrote: »

He has been unable to sell so far, and accordingly has offered me another six months, but will not allow my tenancy to roll onto a periodic.

Are you saying that your landlord will not let you stay if you don't sign another six month tenancy?? If so then he still needs to give you the property 2+ months notice. He can't force you to sign any new tenancy agreement and in that case the tenancy will roll onto a periodic one.. not sure how he can stop that from happening without serving notice 2 months before the end of the fixed term contract.

Tozer

moneysavinmonkey wrote: »

Tozer I can only assume that you have never been in the situation of the OP. I have and can not emphasise enough how frustrating and unsettling it is to have a landlord who enters your home without permission. I found it really stressful and anything that could be done to gain a little bit of control into your life over someone who is ridding roughshod over you is a great comfort - whether that be changing the locks or handing in your notice. To be honest, even if it definitely was against the tenancy agreement I would probably still advise fitting extra locks for this reason.

The OP has asked for advice on what she could do and we have given options.. it is up to her to decide whether or not to act on any of those options and which is appropriate in her own circumstances. Why are you defending the landlord?

I don't see that there is anything mean-spirited about instigating a tax inspection if you have a suspicion that someone is evading tax. Unless you have not been keeping your records properly or have something to hide there is nothing to it. In any case, the inland revenue will probably just write to them saying we are aware you have a let property, please declare any income from this - they could have just have easily have gotten that information from the letting agents. link

Firstly, it is wrong to assume anything!

I was a student for 5 years and can assure you that I have met my share of dodgy landlords. I am also a landlord myself - a damn good one I might add.

I don't think the "options" being given here are at all practical. From a lawyers perspective, there has been a breach of contract. However, what is the loss? Nothing financial. Therefore, the damages a court would award are nominal.

The advice to the OP I have given (write to the agent and ask to ensure that there are no breaches) is the most practical and unemotive. It is what I would advise my clients. It doesn't involve a tax investigation (which will help the OP how exactly other than maybe 2 minutes of smugness?). It doesn't involve a breach of the tenancy agreement and possible deduction from bond.

And it ensures that the relationship with the landlord does not disintegrate.

Feel free to disagree but the advice I have given is legally right and sensible in my view.

Tozer

neverdespairgirl wrote: »

It's being abused here!

What was the reason for access?

moneysavinmonkey

Tozer wrote: »

Feel free to disagree but the advice I have given is legally right and sensible in my view.

whilst you advice is legally right, has already been shown to have no affect. The OP has raised the matter with both the landlord + letting agent and they have stated "'the landlord has a right of entry to his property'"
What would you advise they do now then, bearing in mind all the while that this is unresolved the OP can not live her life in her property - how can you relax in front of tele or have a lie in on a Sunday if you don't know when your uninvited guest is going to pop in!!

Tozer wrote: »

What was the reason for access?.

If you had read the OPs posts you will see the landlord has entered on at least one occasion without permission for reasons not relating to an emergency or repair...ie getting an estate agent in to take pictures!!!

The fact that you are so vehemently defending a landlord who is acting criminally in entering the OPs home, bringing someone with them and taking pictures all without permission speaks volumes about the kind of landlord you are.

Tozer

moneysavinmonkey wrote: »

whilst you advice is legally right, has already been shown to have no affect. The OP has raised the matter with both the landlord + letting agent and they have stated "'the landlord has a right of entry to his property'"
What would you advise they do now then, bearing in mind all the while that this is unresolved the OP can not live her life in her property - how can you relax in front of tele or have a lie in on a Sunday if you don't know when your uninvited guest is going to pop in!!

See what happens following the formal letter!!!! What benefit would a tax investigation serve?

If you had read the OPs posts you will see the landlord has entered on at least one occasion without permission for reasons not relating to an emergency or repair...ie getting an estate agent in to take pictures!!!

The fact that you are so vehemently defending a landlord who is acting criminally in entering the OPs home, bringing someone with them and taking pictures all without permission speaks volumes about the kind of landlord you are.

OK, the landlord is NOT acting criminally. There is no harassment. It is entirely a civil matter. And I did read the OP's orignal post which said that the landlord had entered PREVIOUSLY to take pictures with the estate agent. No mention as to the reason why THIS TIME!!!

I really take exception to your last comment. I've had the same tenants in there for the past 4 years and they have recently said they would like to stay on for another 12 months. They haven't had a rent increase in that time and any problems are sorted within 24 hours. I have not made an inspection for 6 months. So, with the greatest of respect, it doesn't speak volumes at all.

All I was doing is pointing out the practical rather than childish methods which achieve nothing. I will not take abuse from someone who knows absolutely nothing about me.

tbs624

Solventblackbird - how many times has the LA let himself in to the property without notice or consent? It's always inappropriate and unwise for any LL/LA to do this but was it a one-off?

My suggestion would be to write to the LA/LL simply stating

" As the tenant at the above address, I will be pleased to grant access provided that the time and date have been arranged at our mutual convenience in advance, with an absolute minimum of 24 hours notice and confirmed in writing. Please note that I do not consent to viewings/inspections of the property in my absence."

Send it Rec Delivery or hand deliver it & keep a copy. Get back up from the Tenancy Relations Officer on the Councils' Private Sector Housing Team if necessary.

moneysavinmonkey

What methods have I suggested which are childish or achieve nothing???
As I have said previously I have been in a similar situation myself and took advice from local council tenancy officer, CAB + shelter. They all advised I could change the locks if I felt unsafe.

This is clearly harassment as the Landlords actions are making the OP want to leave their accommodation and live somewhere else!!! This is a criminal matter.... see the Protection from Eviction Act

Part I
Unlawful Eviction and Harassment

1 Unlawful eviction and harassment of occupier
(1)In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.
(2)If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.
(3)If any person with intent to cause the residential occupier of any premises—
(a)to give up the occupation of the premises or any part thereof; or
(b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;
(e.g. the right to quiet enjoyment - MSM)
does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.
[F1(3A)Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—
(a)he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or
(b)he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,
and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.
(3B)A person shall not be guilty of an offence under subsection (3A) above if he proves that he had reasonable grounds for doing the acts or withdrawing or withholding the services in question.
(3C)In subsection (3A) above “landlord”, in relation to a residential occupier of any premises, means the person who, but for—
(a)the residential occupier’s right to remain in occupation of the premises, or
(b)a restriction on the person’s right to recover possession of the premises,
would be entitled to occupation of the premises and any superior landlord under whom that person derives title.]
(4)A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both;
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.

http://www.direct.gov.uk/en/HomeAndCommunity/Keepingyourhomeevictionsandhomelessness/LosingYourHome/DG_10014595


Also see shelters advice:

Examples of harassment
Harassment can take a number of different forms, for example:

removing or restricting access to services such as gas, electricity or water, or failing to pay the bills so that these services are cut off
visiting your home regularly without warning, especially late at night
interfering with your post
threatening you
sending builders round without notice
entering your home when you are not there, without your permission
allowing your home to get into such a bad state of repair that it's dangerous for you to stay
beginning disruptive repair works and not finishing them
harassing you because of your gender, race or sexuality
refusing to let you into certain parts of your home (for example, the kitchen or bathroom)
stopping you from having guests
intentionally moving in other tenants who cause a nuisance to you
forcing you to sign agreements which take away your legal rights.

......harassment is in fact a serious criminal offence.

I don't understand why, if you are such a good landlord that you say you are, would you would want to align yourself with a landlord who is acting criminally. I'm not out to personally abuse you but there are many people, both landlords and tenants, who read this website and I do not want people to go away with the impression that the behaviour of the OP's landlord is permissible.

The tax investigation is not going to help at all with the problem of the landlord letting themselves in, I don't think anyone has suggested it would. That is a separate matter for the OP if they suspect the landlord is evading tax - just happens that we rightly or wrongly suspect that any landlord that doesn't know the basics of landlords responsibilities is likely to have slipped up on their tax return too!

tbs624

moneysavinmonkey wrote: »

As I have said previously I have been in a similar situation myself ..

which is perhaps why you (understandably) are not viewing the OP's situation as calmly as you maybe could do & all the facts are unknown

moneysavinmonkey wrote: »

This is clearly harassment as the Landlords actions are making the OP want to leave their accommodation and live somewhere else!!! ....This is a criminal matter........

For it to be held to be harassment it would probably have to be shown to be part of a sustained pattern of LL/LA behaviour,ie a combination of this & other harassing behaviour, not a one-off. Please note that I am in no way condoning a LL or LA who enters a tenanted property without the occupier's consent - I view anyone who does that as extremely foolish but a simple letter asserting the tenant's right to quiet enjoyment, plus the support of a TRO who deal with these issues day in & day out will usually deter all except the minority of real wide boys.