Landlord’s Right Of Entry

Written by on 28 Jul 2007

Landlord's Right Of Entry

It is in fact illegal for a landlord to enter his or her 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. 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 stop the landlord from coming in unless they want her/him to. If a landlord or someone acting on her/his behalf harasses a tenant or tries to make life difficult, they may be committing a criminal offence.

132 Comments - join the conversation...

Showing 83 - 132 comments (out of 132)
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cardifflandlord2011-10-10 15:09:56 @Laura

You need to write to your Landlord without delay insisting he stop entering your property without the minimum statutory 24hrs notice. Even with notice if you say no then he is not allowed to enter). Send a copy to the local private housing office at your local council.

In your letter state that he is trespassing, violating your right to quiet enjoyment of your property and harrassing you. The relevant parts of the Housing Act guarantee this to you. State that unless he stops immediately, you will take legals action to prevent him doing so. Be reasonable in your letter and state that unless he complies with your request you willhave no other option than to change the locks to your property to maintain your security (and then send him the bill).

Do not take any threats. The police will not get involved as it is a civil matter however if you feel physically threatened especially if you are in the house alon then call them and report the incident.

Hope this helps! 83
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James2011-10-10 15:18:21 @Laura Post 82, Cardifflandlord (Post 81&83) and the intro on this page sums up your rights – you should use them!. Your landlord CANNOT enter your flat without giving you at least 24hours written notice, if he does, he is committing an offence. Also you have the RIGHT to refuse entry to him/her, but bear in mind, if you repeatedly use this right to prevent access to undertake reasonable work (or items stated in your tenancy agreement such as inspections) then you will be in breach of your contract and the law then swings more in favour of your landlord/agent. The exception to this would be an emergency (gas leak, water, leak etc.) where a landlord/agent can enter your property without notice.

I would advise you to keep a record of all the times your landlord enters the property or attempts to enter the property without written notice. Record, the time, the date, the individual and the reason. I would also keep a record of all your communications with the landlord whether this is by letter, email, phone or face to face - write down any conversations you have (record phone conversations if you can). Ask (write) your landlord not to enter the property without providing the required written notice, if he refuses or makes any threat towards you, record the details of these. If your landlord is threatening (for example 'if you don't let me in you'll face eviction or I'll put the rent up' etc.) this is harassment. If your landlord is entering your property without notice, entering very frequently for no good reason or using any type of threat against you, you should report him to the local authority for tenant harassment - this is your right

Cardifflandord – I thought that tenant harassment is also a Criminal Offence in England and Wales? 84
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Cradifflandlord2011-10-11 16:42:54 @James: Your right it is BUT it's very difficult to prove without, as you say evidence, and the police are VERY reluctant to get involved in these disputes. 85
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Rented In Herts2011-10-14 22:36:24 I rent a room in a shared house, where the only communal area is the kitchen bathroom toilet and conservatory. I am approx 230 behind with my rent which happened when I changed jobs and was trying to rob peter to pay paul. I spoke to my landlord in a friendly chat in the kitchen a month or so ago and he jokingly said "a few weeks rent is the least of my worries" I've not heard from him since, until today when i woke to find a hand delivered envelope on the stairs. I opened it to find a summary of all rent I have paid since i moved in. There was also a post it note attached with the message "please pay all arrears with immediate effect or you leave us no option but to change all the locks in the property." I was like WTF? I tried to phone him but his phone was off. Also there is a panel on the rent summary that says Deposit paid £155 - but on my tenancy agreement I paid £390 Deposit. What is my legal status on this - of course I am willing to clear the arrears, although I am not in a financial position to do it all at once, but he could have called me anytime to discuss this or at least left me a nice note reminding me of the arrears. 86
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Daniel Bott2011-10-30 17:09:27 Hi, i am one of 5 tenants in a 4 bedroom house share, we each have our own room, i have use of the downstairs bathroom exclusively and the other share the upstairs one, but the kitchen is completely communal, and quite often the landlord comes in to clean and tidy the kitchen and hallways without notice, he also makes comments about anything ad everything he can and i wouldn't put it past him to try to come into our room without asking. At the moment i do not have a tenancy agreement, and was just wondering if he is still allowed to enter this part of the house as it is communal, and does that therefore mean I'm renting solely the room and bathroom and therefore he has the right to enter the kitchen? 87
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Cardifflandlord2011-10-31 15:59:50 @Daniel: Depends on whether you have a single AST agreement or just a per room AST. Even if you don't have one you are assumed to have one.

If Single AST's then you are allowed exclusive use of your room and any other room SPECIFICALLY stated in the agreement and you are licensed to use all other communal areas so the landlord does not need to give any notice to enter the communal areas (and in theory neither does anyone else).In fact Joe Schmo from off the street can legally enter and watch the tele if he wants, as long as he does not enter your room.

If One AST covering all then LL needs to give min 24 hrs notice.

If single AST LL needs to give min 24hrs notice to enter your room/s.

Why make the point about "i wouldn't put it past him to try to come into our room without asking" when you have no proof whatsoever he would? Just complete bollocks really!

Furthermore you say "does that therefore mean I'm renting solely the room and bathroom and therefore he has the right to enter the kitchen? Well if YOU don't know what you are renting then frankly you should not even be signing or entering into legal contracts without first getting proper legal advice.

I don't really care how you live but as a house share I would be really pleased if someone came in to clear up the kitchen and the hallways. Perhaps if you made sure they were clean in the first place you would not be complaining?

Go and get some proper legal advice about this. 88
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Graha2011-11-09 20:16:13 i am so glad i am not the only one having this problem, my landlady has this habit of sending people round without any notice at all, no letter, email, text or phone call, its happend 4 times in 2 years, she has given a key to her plumber who lets himself in when the boiler needs servicing, which i understands this needs to be done but im sick of people who i dont know just letting themselves in when im not hear and have no knoledge of them coming round,,, i have nothing to hide but would like some kind of notice x 1 month ago was working away all week and came home on thursday night, had friday off work but got up early (8:00) to fill out reports of the weeks work, was warm and live alone so wasnt dressed! turned around with a coffee in my hand and there stood my landlady with a bulder with her!!! i was livid!!!!, and its happend again today with her plumber letting himself in!!!!,,, she has my phone number and email address and obviously knows where i live so no bloody excuse of not being able to contact me!!!! how can i stop this without getting nasty! i have let her know on the previous occasions that im not happy about it?? advise is needed! 89
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Alex2011-11-20 02:56:08 Hello,

My sister and I are students -I am 17 and my sister is nearly 23- and we're renting a two bedroom house from a private landlady. Last week as we were sitting in the living room my bedroom window broke. We called the landlady two days after the incident because she never answers to texts even though she stated that texting would be the best way of communication. She said she would have someone fixing it during the week. The guy came without notice obly to 'check' the window and said he would come the next day. He didn't show up in 4 days. Suddenly he came yesterday, fixed it and left. Three hours later-without notice- the landlady's husband came and wanted to check if the window was ok. My mother and her boyfriend had arrived the day before for a 10day visit therefore my sster had to sleep on the sofa bed downstairs. The husband then complained about THEIR sofa bed being in the dining room-we rearranged the furniture due to space problems- and said he didn't want to kick us out for that. PLUS he went on saying that he was told that the house was messy when his friend/window guy came when it wasn't.

What about the council tax? We received a notice for payment but we shouldn't pay as we are excempt from it. Is that the landlady's responsibility or ours to deal with it?

I was really upset and felt insulted because he even said that it wasn't messy himself. Can he just show up whenever he wants without notice??

Plus, during the same week with the window incident a stranger showed up at our door at 3 am banging at our door . I'm really scared and frustrated at the same moment. I should look at the contract tomorrow-speaking of, she brought a copy weeks after we signed it. But in the meantime is there something we should do?? 90
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Tracy2011-11-20 08:12:23 Alex,

Your landlord should always give notice and you should tell her that you are unhappy in writing. I am a landlord and know full well that without notice and consent from the tenant to enter the property, I am probably going to be taken to court for harassing my tenants. Tell her that you know your rights and she has to give you notice - even if it's 24 hours and you have to consent to them coming to the house.

The council tax is your responsibility. Just call the council and explain that you are students. They will tell you what you need to fill in. It is very simple and this is not the landlord's responsibility.

The stranger knocking at the door thing happened to me and my neighbours. I would get a security lock put on the door and report them to the police. This guy could be a opportunistic burglar who is checking whether the house is occupied before breaking in. Obviously you were there and he didn't break in, but I would ask for a security light or something and a chain put on the door. I was burgled and was out - my neighbours were in and heard them knock at our door before the smash of the window. Other neighbours had random people knocking at silly hours the weeks preceding and a couple of other un-occupied houses were burgled in previous and following weeks (all were un-occupied). Check what security measures you can take with your landlords and the police. I'm not trying to scare you, just warning you what it could be...

Good Luck! 91
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Michelle2011-11-26 11:42:51 I'm buying a property privately and the current tenants tenancy has expired and verbal notice to quit has been given to the current owner/landlord, but the tenant will not let the current owner/landlord enter the property to show me around. Do we have any right to enter the property without the tenants consent as there is no current tenancy agreement in place? We dont even know if the tenant has vacated already as they have not been seen at the property for two weeks?
Any advice would be much appreciated!!

Michelle 92
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James2011-11-28 09:54:24 @Michelle. From what I understand from your post you are the potential buyer of a tenanted property. The lack of a tenancy agreement (is it a lack of an agreement or has their fixed term period simply expired?) makes little difference. If the former you have no more right of entry than Jo Bloggs off the street. If it is the latter then there is a tenancy agreement in place but it will simply have reverted to a rolling tenancy and you still have no right to enter. This is a matter for the landlord who I assume is the seller. Verbal notice to quit is not good enough, the landlord must give WRITTEN notice and provide the tenants with two months to vacate the property. If you wish to enter the property yourself then this should be arranged via the landlord (or their agent) who will need to provide the tenants with 24hrs notice. If the tenant refuses to let you/the landlord enter then you still cannot enter. If no response is received from the tenant then most landlords would take this as acceptance to enter. As an optimistic worst case the tenant could be awkward and blanket refuse entry until they leave the property two months following the written notice. As a worst worst case - how long's a piece of string? 93
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Emm2011-12-06 20:44:12 Hi. We have lived in our current rented property for the past ten years and have only given notice as we need a three bedroomed property to due a new baby. when I say new,I mean I arrived home from hospital yesterday! We are due to move out next week and had organised to spend the entire week doing so by overlapping rent on both properties as we knew it would be difficult with a new baby. Our current place is half packed with stuff all over,add to that all the baby stuff and we are part way through decorating as per the tenancy agreement. Our landlord had asked if he can show people around in 24 hours. We asked for 72 to give us time to make the place presentable but he's been extremely pushy about it,saying it doesn't matter;the people just want to get a look at the size of the rooms. But to me,it does matter. This is currently our home,which I don't want anyone wandering around in its current state. Add to that the fact that I will be having visits from a midwife at unspecified times and am trying to cope with the demands of a new baby,a five year old and moving. I think he is being unreasonable. He has agreed to give us an extra day but I wondered if we could insist on him giving us extra under the circumstances? I'd be grateful for any advice 94
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Benji2011-12-06 23:52:52 Emm,
Your landlord has the right to reasonable access.
If you refuse he would need a court order which would take months. As you are going next week it cant happen.

The fair thing to do would be to allow a couple of viewings under your terms and around your timings. If he doesnt like it, tough.

BTW, its an odd tenancy agreement that says you have to decorate. I wouldnt like to enforce that one after a 10 year tenancy.

p.s congratulations! 95
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FauxkingPhill2011-12-07 07:13:16 Emm,

Congratulations first of all with the new arrival and good luck with the move.

This is a case of being reasonable but if you insist that you do not want the Landlord to enter, then he can't without a court order. But the landlord has a property they need to re-let, despite what people think empty propertys are extremly expensive for the landlord/owner hence their push to try and start the new tenant-find process up. Be reasonable!!! tell them to expect mess, then arrange a time that is suitable to you and during the visit take your self and the baby to a room that you have agreed will not be viewable.

Be advised if being unreasonable the landlord may be less accomodating when arranging a speedy deposit return or future refererences etc etc. It is all a case of just helping both parties acheive what they are aiming for during a process of transisition.

Best of luck....!

Hope this helps.... 96
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karen taylor2011-12-20 00:17:00 hi there, does anyone know if a landlord/lady needs permission to enter a property is still rented out to take photos of he place?
any help would be great 97
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Jeremy2011-12-20 01:03:37 Yes, the landlord does. Even if you're not there. If they want to take photos it's probably because you are leaving and your tenancy agreemnt may have a clause in it about being accommodating to allow visits shortly before you move out. 98
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Chris2011-12-20 04:22:45 Hi,

Our landlord has been a constant bother to us. He lives next door to us and is a total control freak. He employs a cleaner to spy on our rooms and report back to him and has even entered the property with a camera round his neck saying that we're wrecking his property because there was a slight mould issue. To my knowledge, this is harassment.

He has also tried to, what I think is, coerce me into leaving by announcing to the rest of the house that I am no longer able to pay the rent due to unemployment, threatened to serve a Section 8 notice to us and once told to do so, he backed out of his threat.

Now he has just finished a loft conversion on his own property, which must have cost him a lot of money, and has mentioned in passing that our rent is going up and that we have just over a week to decide whether we are to stay or not. He has also served us with a Section 21 notice, which as far as I can see, is void as he has not held our deposits in a custodial deposit scheme.

To top it all off, he reckons he's going to take £60 from our deposits to "clean" the house before he sells it which is something he should be doing at his own expense.

Is it possible to take legal action against this person for coercion, harassment etc? 99
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Chris2011-12-20 04:24:24 P.S.

He also wishes to conduct viewings of the rooms.

Thanks,

Chris 100
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Michael2011-12-26 17:39:03 Hi there I am in need of some advise, I lost my job back in august and we was unable to pay rent since and for some reason our landlord refused to give us a letter for the council to help us, Now we have been to court and we have got to be out tomorrow but the council have told us to stay within the property until the court has issued a order for the baliffs and police as it is christmas period. Now we dont want to stay here but we have no where else to go unless the council find us housing. Can Our landlord enter the property while we are still in it? all advise would be great

thanks Michael 101
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Benji2011-12-27 00:48:52 Michael,
Why not just pay the rent? 102
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cardifflandlord2011-12-27 12:45:41 Bastard Council. 103
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Michael2011-12-27 12:57:11 Hi benji, we dont have the money to pay the rent or other wise we would of. Plus we needed a letter from our landlord to get help from hpusing benefit but he said he would send it and when he did'nt I phoned him and asked him where it was and he then said to me That he wont send it he is just going to go with the eviction. We dont want to stay here but at the same time we have no where else to go with two girls in toe, So we need the councils help and all they are saying is if we leave the property then we are making ourselfs homeless. We would of been here 3 years january and we have always paid our rent 104
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Michael2011-12-27 12:58:41 I totally agree with you cardifflandlord, All it is doing is causing my stress for us as well as our landlord, We dont want or need the conflict we just need to be helped 105
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FauxkingPhill2011-12-27 13:39:22 Hi Micheal,

First and foremost you will not be making yourself homeless if you leave your rental property, the landlord no doupbt has served a section 8/21 notice and the court has confirmed you must now leave the property. You should comply with this or face legal consequences.

If you are then made homeless and can ill afford or have anywhere to stay you may then apply to the local authority for emergency accomodation. 106
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Ama2012-01-11 11:38:49 My housing officer doesn't seem to like me. Yesterday she sent me an email with a photo of our neighbours car telling me that i have to move it within seven day. firstly as i said it is our neighbours car and secondly it is no where near my house she has just made an assumption. The photo of the car shows the reg plate and make and model is this not an infringement of my neighbours privacy>? 107
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Jeremy2012-01-11 22:22:59 Hello Ama,

I'm confused. Where was the car? Where does car parking become a council's housing dept issue rather than parking enforcement? Do we have the full story here?

How has your neighbour's privacy been impaired? The registration plate is meant to be displayed to everyone can see it. 108
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Ama2012-01-12 11:04:47 we have parking spaces outside our our houses which are still two castles property. Apparently the car is unroadworthy and cannot stay on their property but the car doesn't belong to me and its not outside my house it is outside my neighbours house to whon it belongs to. She has automatically assumed it was mine and sent me a personal email to tell me to get rid of it within 7 days or action will be taken against me without asking firstly if it is mine and has not contacted any other residents who live in the area regarding the car. it maybe hasn't impaired my neighbours privacy but i would say it is victimising me as she hasn't gathered her facts before semding threatening emails.

Ama 109
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James2012-01-12 11:44:39 Ama
I would have thought that a simple email/letter response to the housing officer explaining that the car does not belong to you and is not occupying your parking space (if they are allocated parking spaces) would be sufficient. While it may be annoying that this individual is jumping the gun somewhat, without gaining the full facts, it is often simpler in these cases to provide a response of fact rather getting wound up by whether you may, or may not be being victimised. If you do have allocated parking and your neighbour has parked in your space then a request to your neighbour to remove their car from your space may be the answer.
Ultimately for action to be taken against you it would need to be proved that you were in breach of the law or some other contractual obligation. It seems (from what you describe) that you are innocent on both counts so I would just provide the housing officer with the facts and leave it at that - simple! 110
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Jeremy2012-01-12 23:12:11 Hello Ama,

James is right. Unless you two have "previous history" then she's probably made a mistake (humans do that). From what I read, you're victimising yourself by getting stressed out by it.

Don't get stressed, just answer her helpfully. I hope this helps you. 111
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Rosie2012-01-13 09:48:14 I have had a few problems with my letting agents - builders / plumbers letting them selves in with the keys while I am in the property which has been a real shock. One time I was still in bed and this man lets himself in and starts walking up the stairs!!

I know they are due that to come that day as I have been given notice, but they seem to think its okay to just let them selves in using the key - instead of ringing the door bell.

They have said that they let themselves into the tiny communal hallway and then knock on my door - but I obviously do not hear this if I am out the back - which is why I have asked them to not enter the premises at all and ring the door bell like anyone else would. I will then let them in.

I have also asked the letting agent to simply not give them the keys if I am going to be in, so that I feel a bit safer and there is no confusion - but they are refusing.

I wanted to know what my rights were in this type of case. I have no problem with them entering my flat when I am not there but surely I must have some kind of acknowledgment if I am there!?

This is my home and normally work men would ring the door bell and wait for an answer.

Any advice on how I can tackle this problem would be very much appreciated 112
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Jeremy2012-01-13 22:55:59 Hello Rosie: I've given you some thoughts on the identical post yo've made in the tenant forum. 113
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Kirsty2012-01-14 13:46:20 HI my daughter is renting from a private landlord. She has been waiting for her rent to be sorted by the council but they have taken weeks already. The landlord is now threatening to throw all of her belongings out on the front. Is he allowed to do this? He and his sister both have a key to the house and keep letting themselves in. She is there only with her 2 year old son. Can someone please advise? 114
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Jeremy2012-01-14 14:23:47 Hi Kirsty,

No he can't. And if he does the the police and local council will take an interest is his prosecution for harasment.

If he wants the flat back he had to issue a Section 8 notice for rent arrears, as a firtst step. What he really wants is his rent, even though he's got a rubbish way of going about it: Councils are notoriously slow at getting first payments organised.

As far as letting themselves in I suggest: Your daughter writes to him to detail the occasions he's filed to give you "quiet posession". Explain if it happens again she'll change the locks and deduct the cost from the rent due and not give him copy keys until she ends the tenancy.

And based on your report of his behaviour you should look to end the tenancy as soon as you can. 115
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Maria2012-01-17 18:24:05 Hi I was wondering if anyone can help me..

My landlord is quite and interesting person.ive moved out with my boyfriend at the time.at first my landlord was very polite to me and made me comfortable but now she's turned into such an evil person.in my lease it says that I have 1 parking spot,since my now ex boyfriend was using the parking spot since he had a car everything seem Ok but since he moved out,now my landlord is telling me that I no longer have one.since I don't have a car I let my brother in law use my parking spot to park his car.and now since the landlord notices shes been giving me hell since then.she called me at 2am yelling and telling me to park and I quote "this piece of shit car on the fucking street" and has been telling me if I don't like her rules then I and again I quote "get the fuck of out here,you fucking bitch" I've even talk to the owner of this building and he told me "oh well I don't believe what you are saying because she told me she never said nothing like that" ive only been in this building for 3 months and i always pay my rent on time or even 3 days before its due.I have absolutely no reason to lie for anything.is there anyway or anything I can do to stop my landlord from Going back on the lease and her word? 116
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Jeremy2012-01-22 13:39:15 Maria: Assuming you have your tenancy in writing then you simply need to enforce your rights. I assume the car space is not stipulated for your sole use, so it's OK to let a family member use it.

Calmly tell the landlady you will continue to use the space and you will begin to assemble a dossier of any insulting, abusive or threatening behaviour by her to you if she does not bahave properly towards you.

And look for another flat! If the landlord is that psycho then she'll ask you to leave as son as your tenancy expires. 117
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Helen2012-01-24 23:45:25 Hi Can you help please, i just need some advise. I am moving from my property when my tenancy expires in 3 weeks, but in the mean time the landlord has been going on about an inspection and a viewing. My husband agreed to this and they came round yesterday night, the landlords never said a word just showed the prospective tenant around. I then get a snotty email from the landlords saying that they could not do the inspection as my home is full of clutter and really messy. But they want me to spend money on a professional decorator to put things back to magnolia as i used a bit of colour on one wall. I can assure you my house was spotless, and as for clutter if you can call 1 bed and a wardrobe (the only things in a room) clutter then fair enough. My contract states "must be kept in good decorative order" there is no mention of colours etc, plus the wall i have painted is after there was a leak in the flat above which the landlords refused to believe and did not fix until 3 months later when part of the cieling collapsed. They sent a "professional" decorator round who plastered the wall to the standard of a 2 year old and then left it for 2 months, came back and primed it in white and has never been seen since so i did the decorating myself 4 months later. Everything else in the flat is exactly as i took it on 2 years ago but i just feel the landlords are out to get as much money out of me as possible. They moan about the mould on my lounge wall under the window, yet they cant be bothered to have a windowsill fitted on the outside so all the damp is getting in yet it is my fault and they will charge me! I just think they have a cheek! 118
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FauxkingPhill2012-01-25 07:16:40 Hi Helen,

First of all good luck with your move, it is a difficult transitional period that both you and the landlord must work through. In regards to past issues ie plastering, that is in the past, the landlord employed a trade if it was sub-standard then that should have neen taken up with the LL at the time. Same goes for the other issues ie mould, window sill etc etc, these bare no relevance to the 'now'.

In regards to 'must be kept in good decorative order'. If when you moved in the property was magnolia and the LL expressed wishes for it to be kept this way or you did not seek and have written permission when you changed the colour scheme. Then he can reasonably request you return it to the condition it was Let to you. You are entitled of course to do the job your self but if the end result is sub-standard the LL would be in his right to deduct any cost in returning to an acceptable condition from your deposit monies.

IN SUMMARY: It is all matter of what is reasonable, the property should be returned in the same condition as it was Let otherwise the deposit money can be reasinably used to make good any problems. 119
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Jeremy2012-01-26 00:44:30 Hello Helen,

On the assumption that you did the right thing (chased up the decoriation in writing an told that landlord you were painting because you were fed up waiting for four months) then you may be in a better position than FauxkingPhill suggests.

It is possibly to say the landlord abdigated his responsibility to maintain the property and so your painting of it in a colour of your choice is reasonable and does not require to be returned to magnolia. But this is a riskier approach. It could end up with a dispute process. If you want to be certain of prompt return of your full deposit, it may be worth while re-painting the wall to a good standard yorself. 120
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Wonderboy2012-01-31 08:14:42 So my Tenecy Agreement says that at a resnoble time i have to let the landlord agents inside of my house if their custmers become intrested in the flat I am renting.

Do I have to do that all the time they ask me to come? Must I always say yes? What about my privacy? sometimes they can give me notice but I can not always available when it is convinient just to them. Someday i dont want visitors and I just want to be alone.

Moreover, I'd like to be inside when someone comes in. Can they still come even if I am not there and I did not agree on that?

Please I am new to England someone answer me
Thanks. 121
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James2012-01-31 09:05:16 @wonderboy
I'm assuming you've given notice to quit the property or have had notice served on you? Many tenancy agreements will have clause stating that you should allow access for property viewings, normally this would be restricted to a certain time (say a month) before the end of your tenancy so you may want to check this in your tenancy agreement. Maybe someone else can clarify what the position would be if a house was put up for sale before or when on a rolling tenancy? In any case you are entitled to 'quiet enjoyment' of your home.
Either way however, ultimately it is YOUR home and if you expressly state that the agent, landlord or Jo Bloggs off the street may not enter YOUR home then unless there is an emergency need for access then NO ONE can legally enter - your landlord or agent would be breaking the law if they entered your property and you had told them that they could not. I have had agents in the past say they wished to undertake an inspection on a particular date when I wasn't home. I didn't want them entering my house when I was not present so I would simply reply and state that they may not enter the property at that time and when I am not present but I would always then offer several other times/dates when I would be available. They didn't really like this at first as they weren't used to tenants challenging them and they seemed to think they could just let themselves in to properties as they wished. We now have an understanding on this and it is workable.
So, while you would be within your legal right to refuse access to ANYONE into your home, if you chose to enforce this right at every opportunity without good reason and against a tenancy agreement which I'm assuming you've signed, then not only will you severely piss off your agent/landlord but they could ultimately take action against you to force your eviction. If you're leaving soon in any case then this process probably couldn't be completed in that time, but ultimately, as always it is better to try and settle these matters amicably and through negotiation. 122
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Wonderboy2012-01-31 09:12:15 @ James

Thank you for informative answer. Yes in the last two months I agreed that I would let pepole in but my descretion I think should be resepcetd. Yesterday (we are not still in the last 2 months of the contract) They started to bother me already that they want to visit the house. While I will allow them here and then I dont want to say always yes or let them enter even when I am not there.
Yesterday the guy kept saying " I will look for extra keys" while I told me that I would have let him know when it was a good time for me. I felt a bit unconfortable because of what He was saying.
I just wrote to the agency and I told them they can just not pop up in my house and need to ask me permission before to enter. I wait for their reply.
It is unbeliveble how much rights and power agency and landlords. I like England a lot but it seems consumers do not have much right.
Thank you 123
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James2012-01-31 10:04:38 @Wonderboy, I'm not sure I agree with you that consumers in the UK do not have many rights, I think for most goods and services, the UK has excellent consumer protection. I think on the last part of your comment (referring to agents and landlords) often these are rights and powers that they THINK they have or want you to BELIEVE they have. In UK law you as the legal occupier of a property as your home have the ultimate right to live peacefully in that property and so long as you are the legal occupier this right comes above any 'right' the agent or landlord may want you to believe they have regarding entry. Sorry I am not a legal expert but my understanding is that although your tenancy agreement states that you should allow access to viewing this does not give your agent/landlord automatic right of entry at any time/date they wish and you may if you choose refuse entry to them. Such refusal of entry cannot just be ignored by the agent/landlord, and in order for them to gain lawful entry to your home they would either need to secure your agreement or go to court and gain a court order seeking your eviction or allowing them entry. A court would almost certainly provide them with this order because you would be in breach of the contract you have signed. If you continued to refuse entry following a court ruling you would be breaking the law. As you can see there is a subtle difference here between the legal rights you enjoy and the responsibilities you have under your tenancy agreement - one does not automatically cancel out the other - at least that's how I understand it, am willing to stand corrected! 124
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Wonderboy2012-01-31 14:24:23 @James

Thank you again for your comment I appreciate that. I am new to this country but so far in my daily life experince here it has often be hard to have reimbursemtn for me when the service provided was not saticfatiory. I had luck only with hotels. Products, my rent here, car services, cabs it has been a disaster. I often compare to the US where I also live. It seems there customers are more protected but again it may be just my impression.

Anyway, they told me that they will send an intermediator. So far your comment was the best suggestion online.

I have also another problem with my agency. The bad I found here was very unconfortable and old. My back was hurting a lot. My agency agreed that it was old and not confortable but since the landlord refused to pay for a new one, I am now forced to sleep on the floor. I feel very miss-respected by everyone as a human being.
I tried to protest but the lady of the agency told me "to be quiet". She was very rude and not professional.
Do you have an advice for this situation as well?
I try to negotiates with everybody but with no success. seems like i haveto stay here for the rest of the time on the ground.
Thanks 125
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Dee2012-02-02 16:35:15 Hi
I am currently in a full repairing lease for a shop However the landlord took 6 months to repair the ceiling from a leak from the upstairs flat. There was then a ceiling collapse and he took a further 7 months to have this repaired. He has entered the demised premises edged red i.e the small courtyard without consent from us and has not given any notice. On entering the original lease with him he offered inducements. I go to court on Monday can you help. 126
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Jeremy2012-02-02 22:10:46 Hello Dee,

Thoroughly confused by your post. If you've got a Commercial FRI lease then your insurer should be repairing the ceiling of your shop and taking up any subrogation rights up with the landlord or tenant in the flat above.

And if we don't know why you're going to court, then the only advice I can offer is dress smartly and conservatively. 127
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JessicaG2012-02-03 14:05:25 I live in a flat in a building with about 7 other flats...the only access to the boiler for the entire building is through my flat. The landlord sends someone to adjust the settings on the boiler all the time.....they knock on the door and if I don't answer right away, they use their key and walk right in. I've also come home to footprints through the kitchen so obviously they come in whenever they want when I'm not home. Are they allowed to do this because of the access of the boiler for the whole building being enclosed by my flat? Thanks! 128
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Jeremy2012-02-03 21:21:23 Hello JessicaG

No, they are not. The only time anyone could come in unannounced for boiler issues would be to mitigate a gas problem, i.e. leak or other explosion risk.

All arrangements must be made in writing, in advance. The main article by The Landlord at the top of this page covers the topic off very well. It applies to your situation.

It sounds like there's been some gerry building going on here. I would consider:
- Write the the landlord. Inform any further violation of right to "quite posession" will result in your changing the locks via professional locksmith and deducting the cost from next rent;
- Contact local council Buldings Regulations dept. Get them to look at boiler layout. It should be in a communial area and they may place an obligation on the lardlord to move the boiler. It's his problem it's in the wrong place, not yours.
- Contact Gas Safe registered Heating Engineer. One boiler running eight flats sounds suspicious to me. Are they flats or bedsits? It would be more than the capacity of any normally available domestic boiler to run the water and heating requirements for eight lfats and I'd be worried it would become unsafe due to chromic overloading of its capacity;
- Mention it is being constantly fine tuned. This is just wrong. Modern boilers do not need this kind of treatment, something about the constant attention it is receiving is making me worried for your safety in teh flat.
- Get the landlord to provide you with a copy of the last annual gas appliances safety certificate.

Hope some of these ideas help. 129
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Jay T2012-02-05 20:52:17 I rent a room (which is the Landlords old office) Which outside the house attached adjacent to it. He has Security cameras all over and has one pointed at my door which i do not want - i have moved the camera and he moves it back to cover the door and tells me not to move it - but i keep moving it as i dont want it over my door - there is nothing in my tenancy agreement regarding this - is this invasion of privacy? 130
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FauxkingPhill2012-02-06 07:40:54 Hi J, When you rent a property/room whatever under current legislation you have the right to 'quiet enjoyment' if you feel the camera is an invasion of your privacy then yes I would say this is a breach of quiet enjoyment. Kindly infor your landlord that you have no need for the camera and feel it is an invasion of your privacy and if he/she still refuses to remove it quote your rights in regard to quiet enjoyment of the rented room. 131
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Jeremy2012-02-07 01:01:44 Hello J,

Sorry fo be not as definate as FauxkingPhill, but there's something in your story which makes me think we've not got the full picture. It's a house next to an office. Is this some kind of business compound? Was the camera there when you first accepted the letting?

I expect Phill is probably right, but the living arangement sounds unusual and might give the landlord reasonable grounds to have CCTV around the place.

Let us know more details, if you want more thoughts. 132

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