Landlord’s Right Of Entry

Landlord's Right Of Entry

It is in fact illegal for a landlord or agent to enter their property without agreement from the tenant.

The office of fair trading document oft356 reads as follows:

3.32 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.

Irrespective of what maybe written in the agreed contract between a landlord and a tenant e.g. a clause that states the landlord is allowed to enter the property without permission; the law will ultimately overrule the clause because it would be seen as unfair and therefore void. Not even a contract will help a landlord in court if he/she steps into their property thinking they can do so because of what is agreed in a contract.

A landlord does have the right to ‘reasonable’ access to carry out repairs for which they are responsible, but they still always need to ask for the tenant’s permission, and give at least 24 hours notice.

A tenant has the right to live without unnecessary interference from the landlord. Most tenants have the right to prevent the landlord from entering the premises unless they’re specifically given permission. If a landlord disregards the law and enters the property without permission, they could be prosecuted for “harassment”

The law that sets out the definition of harassment in this context is the Protection from Eviction Act 1977::

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.

The important take away for landlords, just because you don’t believe your actions to be a form of harassment, it doesn’t mean that the law would agree with you. So be diligent.

Some of the most common complaints of landlord harassment that I hear about are as follows:

  • My landlords keeps calling me for rent
  • My landlord wants an inspection every month, it’s too much
  • My landlord keeps threatening to throw me out unless I pay rent
  • My landlord keeps entering the property without my permission

In reality, it can often be difficult to prosecute a landlord for harassment. Harressment cases are usually handled by the local authrity, not the police. Most of the high damages are awarded in civil cases, where the tenant has taken the landlord to court for breaking their statutory right of Quiet Enjoyment This means that the landlord should leave tenants to live in the property in peace!

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466 Comments- join the conversation...

Showing 416 - 466 comments (out of 466)
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Rach 26th November, 2014 @ 16:56

Yes I was confusing the terms "repossession" and "eviction" and for that I apologise, but the end result of both is the same - the tenant is turned out of the property via the legal process, whether they want to stay or not - it is not up to them. That is the point I was driving at. If a landlord wants his property back, he just needs to follow the legal procedures (whether it is via Section 8 or Section 21), and at the end of the process, he WILL get his property back.

You say that in return, tenants can easily sue landlords for trespass and "thousands" are doing it? Can you supply any links or evidence of a good list of all these court cases please? I'd like to hear them. I don't want just the odd case here and there where a tenant won. I want to see that there are thousands of bad renters successfully claiming against good, innocent landlords. My argument stands, which is that in order to sue, a tenant needs to pay court fees, which most tenants would rather not do as they are already cash-strapped in the first place, hence they rent.

Of course if a tenant who is evicted (or the landlord wants to "repossess" the property and gets the bailiffs to do it) can choose to trash the property as a farewell "gift" if he wishes. And if he is also jobless and on benefits and has zero assets, the landlord cannot possibly get a single penny out of him for damages. Of course this is not fair. But then again, if council housing was still adequate and available to help those in need, then such tenants wouldn't all need to rely on private sector renting in the first place, which is the start of all these issues.

I am sorry to digress but I think rather than seeing just what's in front of us, sometimes landlords need to look at the big picture. There are "poor me"s on every side. Everyone is trying to do things with the least amount of expenditure. And of course, landlords want to try and make an income from renting but don't want to incur too much loss from this so that they can get a net profit in return.

Renters are... what money do renters make from renting? They just want a roof over their head at a cost they can afford. Of course you get the ones who are bad tenants, but then again I could say here that you get bad landlords too.

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Rach 26th November, 2014 @ 17:02

I take your point btw that landlords do not have right of entry even in cases of repair, however landlords can obtain a court order to enter the property to carry out repairs. So yes they can still do it... at cost and time. And quite frankly, if a landlord gets to that point where they need to get a court order to carry out repairs on their own property, then the relationship between landlord and tenant would have been already broken down for whatever reason. Might as well start lodging S21 or S8 proceedings.

http://www.privaterentedservice.co.uk/ll_hanbook/during-a-tenancy/

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The Landlord Avatar
The Landlord 26th November, 2014 @ 17:22

Yeah, well a landlord will eventually always get their property back, I think that much is common sense since it's their property. But I didn't think that was the point, I certainly wasn't disputing that. I was just saying it's not always easy and a landlord can't just enter the property whenever they choose.

I said "Thousands of tenants prosecute landlords on a daily basis" after you implied that tenants don't bother prosecuting because they have little money (hence why they rent). I don't have a database of active cases, but there are plenty of tenants prosecuting landlords on a daily basis over all kinds of issues, including harassment. I'm not just making that up, I talk to tenant eviction services regularly. They happen so frequently that there isn't a news article on every case, believe it or not.

"however landlords can obtain a court order to enter the property to carry out repairs" Yeah, but I wasn't disputing that either, because that's not the same as, "landlords have the right to enter as they wish as long as the reason is to carry out repairs for which the landlord is legally responsible for."

You just proved that they can't. If the tenant refuses entry, the landlord will have to seek a court order (and the landlord may not even get that court order).

Anyways, I just wouldn't advise a landlord to enter a property without permission.

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Rach 26th November, 2014 @ 17:40

Hmm well I'm not convinced there are lots of bad tenants successfully claiming costs for harassment and trespassing from their good and entirely above-board landlords. And without any proof, it's purely anecdotal from your perspective I'm afraid. How many tenants choose not to do that and put up with bad landlords and agents?

And of course tenant eviction companies will tell you the bad stories. It's like going to a hospital's infant SCBU ward to find out lots of babies die from all sorts of horrible conditions everyday, but the majority of babies outside of those wards are perfectly fine and never get those sorts of health issues.

In short I'm not convinced that only hearing from the tenant eviction companies will provide you with enough proof that the whole country is littered with bad tenants and poor landlords getting shafted by them. And until this gets proper press and perhaps a database of court cases detailing these incidents and the judgments, it's all a matter of your word against someone else's.

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The Landlord Avatar
The Landlord 26th November, 2014 @ 18:44

I don't really understand your point. It's not about good/bad tenants/landlords.

As soon as a landlord (whether you class them as a good or bad) enters a property without permission from the tenant, they become open to prosecution.

Your analogy isn't really relevant. No one is saying that there are more bad tenants than good. As said, the only point I've made is that landlords can't just enter a property without permission and eviction really isn't that easy, and landlords DO get prosecuted. But the discussion seems to be getting stretched in other irrelevant areas.

Anyways, agree to disagree works with me :)

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Rach 26th November, 2014 @ 18:53

For me at least, it was more about some landlord's ranting above that "Landlords have no rights over their own property. " which frankly to me is bull. I was addressing that, but since you jumped in, I thought I had to end up talking to you instead.

Look, you keep saying eviction isn't that easy, but you need to be clear what you mean by "easy". By "easy" you mean it involves hassle, yes? But of course it involves hassle. Why shouldn't it? Should tenants have so little right in the matter that they should be turned out onto the streets by landlords when they have no where else to go? Shelter England and even some councils often recommend tenants stay put in the property even if they are being evicted or the house is repossessed. Why? Because there is no other way for them to get rehoused when they have no funds to rent somewhere else. And in some cases, they never get rehoused. They just get put in hostels for years and years with no rehousing in sight.

But landlords cannot claim that eviction is impossible. This is what I'm trying to point out. Eviction is always possible. It can involve hassle, money and time, yes. It is not "easy", but please don't go on rants about how "landlords have no rights over their properties" please. Makes me laugh.

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Rach 26th November, 2014 @ 18:54

And I'm not necessarily directing my comments at you in particular, @The Landlord, even if it might seem this way.

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Rach 26th November, 2014 @ 19:00

*Shelter and councils often advise tenants to stay put in the property even if they are being evicted or the property repossessed, but only until the bailiffs come. When the bailiffs come, then the tenants must leave. Then they can get put in hostels. If they leave any time before the bailiffs come, they can be classed as voluntarily making themselves homeless and hence won't get rehomed. The situation is not good and don't even ask me why the government does it this way. Not good for landlords or for tenants.

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samantha 6th December, 2014 @ 12:54

My partner and I are terminating our contract early due to unacceptable noise from surrounding flats. Our letting agents have made no attempt to come and assess the situation.

Key point is on one occasion the letting agents let an electrician into the property without 24 hours notice- it wasn't an emergency, he was just replacing a liht shade.

We have offered to pay an additional 2 weeks rent as a compromise for us leaving early- landlord would like an extra month.

Question is, as the letting agents allowed access to the flat without 24 hour notice, has the contract been breached and can we refuse to pay the extra rent and simply leave at end of one month's notice?

Appreciate your thoughts, Sam

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James 8th December, 2014 @ 15:03

Sam, such a minor contract breach does not give you automatic rights as you describe. I am not surprised your landlord wishes you to pay an extra month for your breach of contract. The only thing is that should your Landlord take you to court for this breach, then the instance of his contractor entering without notice would not count so favourably for him, but that would be for the court to decide not you. You can choose to act in any way you see fit but this is not a matter of tit for tat and a court is unlikely to play that game. You need to act reasonably.

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Rob 9th December, 2014 @ 09:19

Need advice,

Our tenants moved out 7 days before their tenancy ended, they say they had the carpets professionally cleaned as per contract but won`t provide a receipt, the tenancy ended on 30th Nov 2014.If we had gained access 5 days after they left but before their tenancy actually ended on the 30th would this be illegal if so what are the likely repercussions.

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James 9th December, 2014 @ 11:40

Rob - If you served notice then no, if not then strictly yes, but if the tenants had moved out then such a technical discretion is unlikely to have any repercussions. Bit like asking the repercussions of yesterday driving at 35 in a 30 and not being caught? Although I guess if you went on to take your tenants to court as a result of what you found during the entry without notice then that may not be helpful to your case.

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Dean 5th January, 2015 @ 10:16

Hi, similar issue to Rob, our tenant moved out at the end of November (as agreed) however their tenancy wasn't up until mid December. We accessed the vacated property a few days before the end of the tenancy to collect a few items listed on the inventory (we'd notified the letting agency of this beforehand and they said it was fine). Tenant got wind of our visit and has now threatened legal action. Is this something we need to be worried about?

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James 5th January, 2015 @ 20:46

Did the tenant hand back all the keys to the property when they moved out? Letting agents worth their weight in mud yet again!?

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Dean 6th January, 2015 @ 12:38

Nope, no keys handed back.

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Pete 6th January, 2015 @ 16:28

Hi, I just want clarification from another source (CAB have already confirmed this). Currently a tenent in notice period for property, plan on leaving 10 days before the tenancy ends, which is plenty of time for landlord to allow viewings etc. so after being told they'd conduct viewings at the property during the notice period we requested they wait until we've had a chance to vacate (who wants to view a flat full of boxes and furniture all over the place anyway?).

Landlord has refused, didn't even provide us with 24h notice of a viewing on Monday, and despite being told they do not have permission to enter the property tomorrow as we wouldn't be there and don't want people in our flat unattended, they are claiming this is covered by such a clause as mentioned in this article and have said they will be getting their solicitors involved and charging us to gain entry by court or something along those lines.

Am I correct in saying this is all nonsense and as above, they have no right of entry to the property to show prospective tenants around (especially in our absence) if we have said they are not able to do so?

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James 8th January, 2015 @ 13:56

Dean - shame because had they handed back the keys back there would have been no way they could prove notice hadn't been served. Technically you are on the wrong side of the law and your LA should have advised you better. But ultimately your tenant will need to be pretty damn persistent to pursue legal action and if all is as you describe I wouldn't be too concerned unless they're threat is very coherently put. Assume it wasn't from a solicitor?

Pete - you will be in breach of your tenancy agreement if I've understood correctly. Technically that could allow a landlord to bring a civil claim against you for potential financial loss. As for charging you to get a solicitor involved to gain entry then this is nonsense. If you've refused permission for them to enter, there is no way that a landlord would be able to legally gain entry in such a short space of time, solicitor or no solicitor. Such a course of action would require due process to be followed and that could take weeks or even months.

No means No, even if this puts you in breach of your agreement. Refusing entry to your landlord is not 'illegal' but could make civil action against you a possibility. If a landlord enters your home when you've refused permission this is illegal, but again normally you'd need to peruse through the civil courts.

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Jake 26th January, 2015 @ 14:48

Hi myself and five others have been served with a section 21 due to the landlord wishing to sell the property. We all rent separate studios/bedsits. Firstly the five others have all been given their deposits back. I believe in order to circumvent the fact that none of them were held in any sort of Tennant deposit scheme. However, I have not received mine back. The studio I took was in such a state, that myself and the landlord agreed as I am a tradesmen, that I would make good any repairs and redecorate the property, with the landlord paying for materials and myself providing the labour.

All the other Tennant's were called beforehand and handed their deposits before the section 21 was served. While I understand my agreement with the landlord was only verbal, having just checked my àgreement, there is written confirmation on it, that there is one months deposit held by himself on the property. Does this mean he has to keep to the agreement and refund the deposit stated on the agreement?

I have always had a very good relationship with him and during the two years I have been a Tennant of his, have carried out numerous repairs and refurbishments to this and several other of his properties. The amount of labour I have put in on my own property far exceeds the amount of the deposit stated on the agreement, but I'm perfectly happy as at the end of the day I want to live in somewhere nice and functional.

On another note the letting agents have already started viewings. We are all prepared to let things run smoothly for the greater good. However, there was no written 24 hour notice to all of us and one Tennant currently in Spain had no idea at all of the situation. On top of that, when I returned to my property last Friday after the viewings I found my door had been left open. We now feel a lot less like co-operating and are now considering not granting access until the end of the notice period. Do I have any recourse with the agent for leaving my door open? Also does the Tennant in Spain have any recourse as he had no idea of the situation?

Thanks

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Jad 26th January, 2015 @ 15:08

Mine is a very long story so I won't go into all the details here. However my current question is this. If an owner enters a property without permission or notification are they in breach of contract? If they are can I request an immediate end to the tenancy without penalty?

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James 26th January, 2015 @ 15:08

Jake

They need to provide 24hrs notice - individually if the flats are let like that. Though unless agreed otherwise this would normally be served to the address of the rented property so if you're away on holiday the landlord can legally enter regardless of whether the notice has been read or not. Most tenants now tend to expect some other type of notification - text or email but this should be arranged with the landlord/agent beforehand.

As for the letting agent entering without notice and leaving your property open - you're quite entitled to be annoyed but I'm not sure what recourse you are after? Simply tell them that they need to be doing their jobs correctly by issuing written notice at least 24hrs before each visit and securing your home when they leave. If they cannot assure you on both of these counts, simply refuse permission for them to enter - they'll soon come round when they're struggling to find a buyer!

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James 26th January, 2015 @ 15:24

Jad

They are and they are in breach of the law, but that doesn't give you an automatic 'right' to terminate. What it does do is mean that should you CHOOSE to terminate your tenancy any court case your landlord might bring against you is likely to be weakened.

This is a matter of degree and would be for a court to decide based on the evidence presented. Key here being 'evidence' and likely persistence and degree of offence by the Landlord. It's likely that if a landlord knows he's in the wrong, there wouldn't even be court case as if he lost he'd have to cough up for the legal costs at a minimum.

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Jad 26th January, 2015 @ 15:26

Thanks James. This is the final straw so I am just equipping myself with some knowledge before I write to the agents.

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Jake 26th January, 2015 @ 15:42

Thanks James

The agent sent a text shortly after I posted my problem (giving less than 24 hours notice on a viewing tomorrow). I've replied saying it was inconvenient and that they left my door open last Friday. I also pointed out they need to give me 24 hours written notice and need my permission. I am entitled to do that right.....refuse entry that is?

As for the recourse.......yes there are no real avenues. Just really pissed me off!!

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Jake 26th January, 2015 @ 15:59

Almost forgot. How do you see the situation regarding the issue with my deposit?

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millie 31st January, 2015 @ 22:11

I have an AST agreement for 6 months i moved in 3 months ago on farm with landlord living on same farm. Anyway this was a very bad move. Constant harassment from landlord calling over all the time out staying welcome until late at night. Anyway enough is enough so decided to give notice when I checked tenancy agreement states 3 months notice, which i did but after i gave notice landlord turned vile and everyday was complaining about something waiting for me to get home from work etc etc etc so I have left before end of notice period as the constant harassment was making me ill. I have paid rent etc up to date and have 2 months rent left to pay. My first question is 3 months notice legal? Also landlord has entered property numerous times since I've left - is this legal?

Many thanks

Millie

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James 31st January, 2015 @ 23:27

Millie
Within the fixed term of an AST you are not legally required to provide any notice to leave at the end of the fixed term. That said it is widely considered fair and reasonable for a tenant to notify the landlord of their intention to stay/leave - some ASTs have clauses which state that a tenant should notify the landlord of their intentions to stay/leave but these are unlikely to be enforceable. You did not need to provide 3 months notice.

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millie 1st February, 2015 @ 05:06

I also should have mentioned that although I have left the property i have not given the keys back as my notice expires on 26th March even though I left 25th January. I have been told landlord is back and forth the property - is this legal? As I am still the tenant until 26th March.

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James 1st February, 2015 @ 10:04

Millie
It is legal IF he has correctly served notice. But remember illegal actions by the landlord in this respect are a civil matter so don't expect an approach of blue flashing lights!

If you have a sound record of events and good evidence of landlord harassment you could stop paying your rent and hand the keys back. This would be a breach of contract and your landlord could take you to court, however, if you have a SOUND and well documented evidence trail then this would seriously undermine the landlord's case. Sound evidence would include copies of correspondence you have sent to the landlord describing your grievances (entry without notice, intrusive behaviour etc.) or any recordings or correspondence from your landlord which support your claims.

In terms of landlord right of entry - pretty much any question you have is answered in the various posts above in addition to the article itself which I think is fairly clear on the issue.

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Alice 1st February, 2015 @ 17:02

I'm currently renting a property with my boyfriend and a friend that is joined onto the landlord's house. Since moving in we've had a few problems with the landlord either giving very vague verbal notice of maintenance visits or none at all - or even letting himself in without permission or notice. As soon as we realised it was becoming a problem we wrote a letter to politely ask him to give us at least 24 hours notice unless it's an emergency. Since then there has been little improvement though he now claims that the troubles he's having with the boiler is an emergency so doesn't need to give notice. We are a little confused as to what is legally considered an 'emergency' in this situation. The landlord also insists that the property is too dirty even after we have spent hours cleaning it and it is near enough spotless and has threatened to evict us. Nothing we do seems to live up to his standards. Overall we feel like we are being bullied because we are young tenants and may be easier to take advantage of. We've been told by other neighbors that he has bullied others out of this property as well. I've started keeping a diary of visits and any contact with the landlord as well as taking photos.
Any advice would be much appreciated as the estate agents are unable to help because they are not involved in the property management.

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James 2nd February, 2015 @ 07:48

Alice
This isn't a definitive answer but I think that in this case an Emergency would constitute a situation which if not resolved immediately, would or could give rise to: property damage, financial loss or risk the safety of the tenants (or anyone else for that matter). A fire, gas leak, water leak are clearly emergencies, other less severe scenarios could also constitute an emergency. Routine boiler servicing would not constitute an emergency unless not doing so immediately would give rise to the above situations.

You are doing the right thing by keeping a detailed record of all dealings with the landlord.

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Tony 5th February, 2015 @ 17:03

How do quarterly inspections sit within this legal framework? We were recently renting a flat for more than 4 and a half years and as the landlords lived some distance away and managed it themselves (though we paid our rent to a letting agent) we didn't have a single inspection the whole time we were there! Fortunately for them we always look after wherever we live as if it were our own (effectively while we're living there it is as we see it) so it was perfect on move out. We're now in a house though and after 3 months were suddenly alerted to the fact that quarterly inspections were in the contract. Real PITA and ever so slightly insulting, not to mention an invasion of our privacy - surely the exorbitant deposit (when did a month and a half to 2 months plus become the norm?!) should cover any potential damage and the loss of that act as an incentive to leave as you find. How enforceable are these inspections? If I point blank refuse to allow access except for maintenance what if anything can be done?

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Rach 6th February, 2015 @ 19:23

Did your tenancy agreement stipulate quarterly inspections? If not, you may be able to raise the issue with the EA. Maybe ask if the frequency of inspections can be reduced if the first few are fine.

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Madelyn 7th February, 2015 @ 18:04

Hi everyone,
My Landlord, at the end of the AST informed me he was going to increased the rent by £100 but didnt renew the tenancy. Then he changed his mind and gave me an eviction letter to vacate the property in a month. Then i realised that a month was very short as i am finding hard to find another place to move in into. I told him, and he gave me another further month, so i have to leave the property on the 08 of March. But now he wants ti inspect the property. I think it is still a bit short for me as i am struggling to find another place, and on top of that he wants to gain access to the property to inspect it. I find it too soon for inspection when i still have another month to go.
Any advice would be greatly appreciated

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Madelyn 7th February, 2015 @ 18:07

I have four small children so that is even tougher to find a property that can accomodate all of us. Do you think the landlord should give us at least 3 months notice? Or not

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James 8th February, 2015 @ 16:40

Madelyn
Firstly only a court order can 'evict' you - not the landlord. A court will only provide an eviction notice if your landlord has issued a VALID section 21 Notice (i.e. the notice he needs to serve to end your tenancy and for you to move out).

If the Section 21 Notice is invalid in any way you cannot be evicted. In short it sounds likely that your landlord has not followed the correct procedures to gain possession under a Section 21. If he provided you 1 month's notice the Section 21 notice is INVALID as he is required by law to give you 2 month's notice. He would then need to issue a NEW Section 21 Notice (he can't back date it!) with the correct 2 months notice. Suggest you read this document here: https://england.shelter.org.uk/__data/assets/pdf_file/0009/386451/Is_your_section_21_notice_valid_Jan2014.pdf

In terms of the entry for inspection, there is likely to be something in your contract - in terms of your right to refuse entry the multiple posts above discuss this issue in detail and the various pros and cons of refusing entry to your landlord.

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Madelyn 8th February, 2015 @ 16:59

Thank you James very much. I just need a roof under my head dear but I am struggling to find one, hence i really need more time to be honest.
I think you are right.
The whole thing was loke this:
The landlord gave me an eviction letter that says that he wanted to move in with his family so he gave me until the 4 of February to move (1 month).
I told him that one month is too short, that i needed time to find a proper place to move in to.
He then wrote another one giving me another month. Which expire on the 4 of March. So that is including the first month he already gave me.
He, as you said is not giving me the right letter.

If i am following you, he should have given me two months straight the second time he wrote the letter. But he gave one month.

Do you think i should write to him and ask him to give me the correct letter following the section 21.
I dont want any trouble that is the thing and i am quite scare about h making any fuss that he gave me 2 month already. What do you think?

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James 8th February, 2015 @ 17:26

Madelyn
The two months start when he serves you a VALID Section 21. He is the landlord this is HIS responsibility to do correctly. I am only stating what the law requires - it is there for both your protection and his. As it stands if he hasn't served you with a valid Section 21 and come 4th March you refuse to leave, he is stuck as if he applies to a court to have you evicted they will throw his case out telling him to issue a VALID Section 21 - which would start on whatever date after the 4th March that he finally gets his act together. So then he's left with you leaving on the 4th of May at the very earliest. (in effect it would be later as he'd never be able to arrange a court hearing that quickly)

To be honest he sounds like an amateur or maybe he's just an idiot - or both. Either way he's not above the law so don't let him intimidate you. When he learns to do his job properly then he can expect things to run a bit more smoothly.

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Madelyn 8th February, 2015 @ 17:56

James,
I salute you, you are a star. I just need a bit of time to find a proper place for me and my babies, that is all. And i think with what i learned here i can really call him and explain to him so that he realised that he needs to learn the business properly and then he would give me the right letter.

When i rented the property, there was another landlord. He bought the property from his relative, but he never inspected the property at all after buying it. We kept the house spotless but the walls are very durty because we have been living there for almost 6 years. He didnt give us anything for the property, but then he wants to inspect. Inspect what you think? He does not even know what was in the property when we moved in or if we needed anything after he bought it.
We never disturbed him or his uncle for anything. Does he really has to inspect the property? Do you think he has the right to take money from our deposit to buy pains for the walls and doors?

James i think i am also an idiot when it comes to these things, and i am sorry for asking so many questions. I appreciated very much.
Thank you

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James 9th February, 2015 @ 16:59

Madelyn
Inspections are a normal part of the termination of tenancy process, though any matters related to your deposit should be based on the inspection that would occur just before (within a day or two) of you vacating - typically the day you leave.

You need to read this: http://www.depositprotection.com/legislation

It is a legal requirement for your landlord to hold your deposit with the DPS - If he has not done so then any Section 21 Notice he serves will not be valid.

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Madelyn 9th February, 2015 @ 17:20

Thank you James very much.
I think this is getting interesting by the minute.

The Landlord wants to do an inspection a month before we vacate the house. I dont mind inspection, i understand it is the normal process. But know i know that it has to be a few days before we vacate and not a month like he wants to do.

Another thing is: what about if my deposit us not protected? What do i need to do? Do i still get my deposit?
If the section 21 is not valid due to the fact that my deposit is not protected with DPS, what would happens then?

Oh my oh my

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Ruth 10th February, 2015 @ 10:01

Hi,

My land lord sent us a message this morning, detailing this exactly 'hi, i totally forgot to message you about taking a handy man over today to look at the fence and the damp at 10:15, hope thats ok?'

We have a broken fence, and some mould in the walls (which is not a damp issue for one, its the bricks, they need replacing but she refuses to admit it..

when we replied saying we were at work, she said

'I am taking him round, be there in 10 mins'

how many rules is this violating as its not fair, 10 minutes, whilst walking to work is not enough time to prepare for that!

help will be grateful as she is being a pain at the moment.

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James 10th February, 2015 @ 16:01

Madelyn - my last message could be somewhat misleading for a property that has not had inspection in many years. If your landlord is wanting to let the property to others after you leave then I'd say an inspection about a month before you leave gives a chance for him to prepare for any renovations or repairs that may be needed and is not in itself unreasonable. My previous message was really related to properties that have had regular inspections throughout the tenancy and the landlord is aware of the likely condition of the property.

Regarding your deposit you need to read the information on the DPS website. If your deposit should be with the DPS but isn't it means that a court won't issue an eviction notice against an invalid Sect 21 - ultimately your landlord cannot have you legally evicted - doesn't mean he couldn't try by other means but he'd be risking tenant harassment.

Ruth - read the posts above! No ifs, no buts, your landlord needs to give you 24hrs notice. External areas of the property do not count. But if they need to come through the front door to access these areas then it's 24hrs notice.

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Madelyn 10th February, 2015 @ 16:27

I appreciate your responses and help James very much.
So if i understand your explanation:
The Landlord has to give me a letter asking for the property back. This letter has to be under section 21, as it was at the end of the AST because he didnt renew the tenancy, he gave me a letter requesting to vacate the property.
But that letter under section 21 has to say that he is giving me at least 2 months to vacate the property.
An inspection is ok a month in advace if he wants to rent to another tenant.

I understand and agree with that.

Now in my situation:
The landlord wants the house to move in himself, as explained on his letter.

When he gave me the tenancy agreement, he mention the section 21, but never followed it when he gave me the letter to vacate the property.
He gave me a month first, then after i told him that the time he is giving me is too short, he then gave me another letter adding another month. ( he didnt follow the section 21 here)
When he realised his mistake he would have given me 2 month straight, but he didnt, he backdated the letter instead and gave me another month.

Do you think it's ok if i contact him and ask him to kindly give me a correct letter under section 21, without backdating the date, in order for me to vacate the property.
I dont want to come across as a trouble maker, i just want time to be able to find proper accomodation for me and the kids, and the money to pay for it.

Regards,
Madelyn

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Louise 15th February, 2015 @ 16:02

I have handed in my notice on my tenancy which ends this month, I have moved out of the property as we have relocated to Spain. However I have returned after 2 weeks to spend a week getting the property cleaned etc ready for my handover to the letting agency only to discover that someone has entered the property and removed some of my personal items! Suggestions welcome on where I go from here as well as reporting it to the police

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James 16th February, 2015 @ 06:08

Louise
As simple as this may seem, don't you think your first port of call should be with the letting agent or your landlord to find out exactly who entered the property and removed your belongings?
Whoever did remove the items had no right to do so.

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lucy 19th February, 2015 @ 20:47

can a landlord enter your home without you knowing . look through your fridge and cupboards and comment about thngs bein out of date. and if thehouse is a little untidy . i have been in hospital due to a difficult pregnancy and this has stressed me out

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James 20th February, 2015 @ 10:20

Lucy - in a word; No!

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gary 21st February, 2015 @ 15:13

My partner for private reasons decided to rent her small terraced house out for just six months this period expired in december last since his occupation he has refused my partner access to collect personal property and has not paid rent since october. he refuses to answer corrospodence. he is breeding dogs in the house. The dogs are allowed to run freely and have been seen on the furniture. It is believed he is trashing the house. He has form for the same behaviour. what can we do

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maz 28th February, 2015 @ 16:30

We have been issued with a section 21 notice, the landlord is selling the property. We are renting via letting agents. We both work but a low income family with 3 children. We have always paid our rent and have inspections every four months we have lived here just over 4 years. We are in between a rock and a hard place, we can't afford to pay the rent here and get a deposit etc together for a new place but if we don't pay the rent here we are penalised via a reference. We suspect we will have trouble getting our deposit back because the landlord/letting agent have consistently tried to bully us into making repairs which are not part of our contract and to redecorate over the damp/ mould which persists throughout the property. At the moment we are in the situation where we cannot have the lights on at the fuse box because a burning smell is coming from the light sockets. We had to involve housing enforcement over a year ago because of our defective heating system and the at risk fuse box needed replacing and had been ignored for over 2 years of our tenancy. We have been on a periodic tenancy for the past 2 and a half years. Housing enforcement have been useless as they did not get everything repaired as the landlord was threatening eviction and there is not enough social housing. Neither can we afford hostels etc because we work. So can someone please clarify if we don't pay our rent so we can get a deposit etc for an other home during our 2 months notice. What could happen? Also can the letting agent just let themselves into the property without any notice even if we have been given the section 21. Thank you

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James 2nd March, 2015 @ 10:47

Maz
Your post raises a number of points beyond the remit of this article. However, being brief: Check that your deposit is with the DPS and ensure all other aspects of the Section 21 are valid. Read posts 450 - 457 above.

The serving of a Section 21 (or Sect. 8) does not change in any way the Landlord's right of entry. Until the Landlord gains possession then your rights remain the same - regardless of whether rent is outstanding or any other reason. If you stop paying rent and refuse to move out then you will be in breach of contract and the landlord can take legal action against you to have you evicted, recover the owed rent or both. But this process would take time (many weeks) and during this time your landlord/agent has no additional right of entry.

The issues you describe regarding poor maintenance or unsafe services within the property are unlikely to directly influence any ultimate eviction, but (depending on the actual evidence and records you've kept) may weaken the landlord's claim on unpaid rent in any subsequent court hearing.

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