Landlord forcing entry to fflats without any notice

lolitalove1 · 6th August 2008, 21:52

I recieved a distressed phonecall fom the guy who lives in the flat below me at 12.15pm today at work. He said I'd better get home as the agent had tried to call me this morning and because i hadn't answered he had kicked the front door in, and his front door in and was going to kick mine in as well. I rushed back to the flats to find the landlord in the guys flats moving things around. He got very agressive, and said we had 30 mins to tidy our flats up as he had a surveyer coming at 1pm. I said why hadn't he contacted me yesterday to give 24 hour notice, he said I wouldn't have answered!

Anyway, the guy who lives in the flat below me said that he didn't even knock on the door he kicked the front door off and then his door while he was sat watching the TV.

I rang the agents boss to tell them what he had done and they confirmed there was a surveyer coming and could we let him do his job and he would deal with the agent as he shouldn't have kicked the door in. While I was on the phone, the agent was threaten the other tennant with eviction in 7 days if we didn't tidy up. he had a screwdriver in his hand and was saying 'don't push me' (this was due to the other tennant telling him to leave the property). I managed to get the agent to leave and told him we would tidy up.

We tidyed our flats, and around 1.30 two men cam in and had a look around both flats. They then introduced themselves as the new owner and letting agent ( we had no idea the property was up for sale). they confirmed that the sale was going through.

I then had to go back to work, but left my flat open. The other tennebt then phoned me to say that a surveyer had been to measure up.

I contcted the estate agency to find out whennsomeone would be out to fix the locks. She said she would get someone to call me back, but no-one has called as yet. I get the impression, that they were only concerned about the locks being broken and the arguement with the agent, just in case the new owner pulled out. Now the sales going through they don't really care.

What would be the best course of action. I'm considering going to the police about the agent. But not sure if this will do any good?

Yours, very shaken up

berrylover · 6th August 2008, 22:07

You have the right to expect a peaceful enjoyment of your property. The LL should have given you at least 24 hours notice. I am not sure what you can do officially but I am sure that the agent should not have broken the doors down.

MrShed · 6th August 2008, 22:45

OK the flats - are they independant of one another, or do you have a communal area?

This is certainly a breach of your quiet enjoyment of the property - but there isnt a great deal you can do reciprocally after just this one breach. My advice would be to write them a strong letter stating that due to your statutory rights, you now require them to give 24 hours written notice of ANY entry to the property, and no forcible entry will be accepted. Should they not do this, you will seek legal action with an aim to sue for damages. Also advise them that all such events may be reported to the police for the combined three criminal offences of trespass, harrassment and unlawful eviction.

lolitalove1 · 6th August 2008, 22:54

Thanks for the advise I will write a strong letter to the letting agents. The flats are seperate. We have a communal hall way, and thats it.

MrShed · 6th August 2008, 23:03

OK. Just so you know your rights - the landlord/agent have a right to access of the communal area. They cannot enter the individual flats without your permission, UNLESS they hae given written notice of at least 24 hours. In either case, it is wholly unreasonable to force entry.

Nightmare4banks · 7th August 2008, 01:10

Hi all!

Lolitalove1,

In addition to what you have been told by other posters on this thread you should

1.approach the Private Tenants Officer that is employed by your local council.
The service is totally free.

2.Explain the situation and it is this department of any council that deals with prosecuting landlords/agents.

3.This officer can write to the landlord/agent and warn them about their actions and threaten to prosecute under Protection from The Eviction Act 1977 - I think this is the correct applicable act.

4.It is also useful should you have further down the line any more problems with the landlord and/or the agent.

5.The police will not get involved unless there is a breach of the peace i.e. physical violence.However,there is nothing wrong with going to the police if you feel threatened or intimidated.

I hope you find this information useful.

If you have any more questions,please feel free to ask.

Keep us posted.

All the best!

slick132 · 7th August 2008, 01:23

Hi Lolita,

I would have thought a report to the police would be appropriate if any damage was caused to your own flat's door or locks.

Criminal damage is how I'd see it.

MrShed · 7th August 2008, 08:28

Cant be criminal damage slick if its their own property they are damaging - remember that the property is owned by the landlord, NOT the OP.

slick132 · 7th August 2008, 14:18

Ahaa !

Thanks for that Mr Shed. So it would be a civil matter and not one the police would want to get involved in.

That is so unfair on the tenant.

Surfer01 · 7th August 2008, 14:55

State that a number of items including money were removed from your premises and you want them to re-imburse you as you never gave them permission to enter the flat without you being present! That will put the wind up them as they will not be able to prove otherwise as entry was gained unlawully.

LoL

MrShed · 7th August 2008, 15:23

I'm sorry, but I cannot possibly condone the above post - it is tantamount to fraud.

seftonview · 7th August 2008, 16:33

Quote:

Originally Posted by Surfer01

State that a number of items including money were removed from your premises and you want them to re-imburse you as you never gave them permission to enter the flat without you being present! That will put the wind up them as they will not be able to prove otherwise as entry was gained unlawully.

LoL

It's idiots like you that give forums a bad name. Shame on you.

Surfer01 · 7th August 2008, 18:52

It is idiots like you that have no sense of humour. THAT IS WHY THERE IS A SMILEY AFTER THE POST WITH A "LOL" IN CASE YOU NEVER NOTICED.
No sensible person would take the "advice" seriously.

seftonview · 7th August 2008, 21:03

I have a perfectly good sense of humour thank you, what you said just wasn't even remotely funny or humourous in any way.

MrShed · 7th August 2008, 21:07

Agreed - nor is it the time or place for such humour when the OP has just had his property effectively broken into.

Surfer01 · 7th August 2008, 21:20

I have seen worse on this forum, but I did make a valid point.

The guy breaking it is obviously a bit challenged as he left himself wide open to all sorts of accusations which he would have great difficulty in refuting as the owner was not present and it does not have to be goods etc. What about damages etc.

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