Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Landlord entering property without permission

    Hi everyone.

    It has recently come to my attention that the landlord entered the flat I am renting a) without my consent, he was showing potential new tennants around the flat so therefore he must have also opened my locked bedroom door, again without permission. b) he only gave me 3 hours notice, which was an answer phone message - not a direct call. Also, the voicemail was not left by him but by either his wife or a work associate. If it was a joint tennancy, would he only need permission by one tennant? I was not in the property at the time.

    On one other occassion, a door was left open in the flat, either by my flatmate or by a worker - which once again I was never informed about.

    As this is a breach of contract, would I be able to end my joint tennancy, (which is a year long) with immediate effect and would he be able to take me to court.

    Thank you in advance for answers.

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  2. #2
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    Default Re: Landlord entering property without permission

    You are renting a flat with others as a joint T?

    Yes LL should have given 24hr Notice of impending visit, but any of your fellow joint Ts could have agreed, esp if they were likley to be in. IMO it does not require express permission of all joint Ts, esp if absent at time of visit. Neither does it matter who serves the Notice provided it was on instruction from LL. A door left open by person unknown? YGBJ!
    IMO without evidence of LLs continued breach/unreasonable behaviour you do not have a case for summarily vacating T.
    If it is a 12 month AST, how far in are you? Why is LL showing the property now? Is this a student let?
    If you are still within fixed term the T can only be legally terminated by mutual consent or a Court Order.
    What are other Ts opinions on LLs supposed single breach?

    If you just want out, say so and we may be able to offer advice, but no one here can predict a Judge's decision with so few facts.


  3. #3
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    Default Re: Landlord entering property without permission

    I do want out but my flatmate is also being difficult with me allowing a replacement tennant which the landlord agreed to. So this is the only way possible. As for the flat door being opened, it has happened three times in the past 5 weeks, on one occassion my flatmate blamed a builder and I happened to have left my rent in the kitchen for landlord.

    Landlord entered property without permission as far as I am aware. The other tennant might have agreed, but I think he has entered the property on more than one ocassion. Builders/Painters have also entered the property without me even being informed. Many viewings have taken place since that first voicemail so I think he is helping himself to enter the property.

    It is a student property, I have also been told that if he knocks the door three times and if there is no answer before entering then he is not breaking the law.

    Would it matter if one tennant agreed but I didnt even by on the basis of bein given short notice?

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  4. #4
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    Default Re: Landlord entering property without permission

    if no one is there who is going to hear him knock??

    LL should be giving 24 hours for any visits being made unless it is for urgent repairs. Entering a locked room without prior 24 hr notice is a breach of contract, regardless whether he is showing potential tenants or not. Is this a private let through an agency?


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    Default Re: Landlord entering property without permission

    Quote Originally Posted by seanamarts View Post
    if no one is there who is going to hear him knock??

    LL should be giving 24 hours for any visits being made unless it is for urgent repairs. Entering a locked room without prior 24 hr notice is a breach of contract, regardless whether he is showing potential tenants or not. Is this a private let through an agency?
    It is a private let. I can 100% prove that I did not give him any permission to enter property or enter my bedroom in either verbal or written forms. Although would it go against me for the very fact I did not reply to the answerphone message? And even if I did reply it was not enough notice?

    The landlords wife or whoever she is states word for word when he will arrive at property and the voicemail time stamp supports that it is four hours before the time he was suppose to be doing the viewing. Could they claim they did not know about this particular law?

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  6. #6
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    Default Re: Landlord entering property without permission

    no he cannot claim he does not know this law, if he dosnt then he shouldnt be allowed to let properties.


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    Default Re: Landlord entering property without permission

    Can my flatmate keep refusing a replacement tennant?


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    Default Re: Landlord entering property without permission

    It is ultimately LLs decision.
    Do you have a joint T (all Ts named on one AST, or a single AST in your name, for room only + shared facilities?

    When does the fixed term if a joint T?


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    Default Re: Landlord entering property without permission

    Quote Originally Posted by mariner51 View Post
    It is ultimately LLs decision.
    Do you have a joint T (all Ts named on one AST, or a single AST in your name, for room only + shared facilities?

    When does the fixed term if a joint T?
    LL has said that the tennant currently there has to agree, but as I said she is being judgemental/difficult on every tennant.

    It is a joint tennancy agreement that was signed for a years contract, although I have also asked twice to look at the contract but no contract has been shown.
    The tennancy is for shared facilities and room.


  10. #10
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    Default Re: Landlord entering property without permission

    How far into the tennancy are you? you could always change the lock on your bedroom door? what are the reasons you want to end the tennancy early?


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    Default Re: Landlord entering property without permission

    Quote Originally Posted by assisted blonde View Post
    How far into the tennancy are you? you could always change the lock on your bedroom door? what are the reasons you want to end the tennancy early?
    6 months into a 12 month contract. There are many reasons that I want to leave. The Landlord does not give enough notice to enter the property, they think half an hour is enough notice. While the landlord has said that I can find a replacement tennant, my flatmate keeps beng judegemental apart possible replacements by stating things like "They alook like they could cause trouble" or because she does not like the look of them - this is without even talking to them. On three seperate occassions I have went to enter the flat and the door has been left open, of course it isnt her fault it is always someone elses. While I have only spent 10 days living in the flat since August, my flatmate has managed to rack up a 160 electricity bill. While it is a joint tennancy and I am responsible for the bill also, I know for a fact that she uses an electric heater for her own personal use, and again she is being unreasonable about how much of the bill I have to pay. My girlfriend lives with 3 other people and her electic bill was 50! Furthermore, I do not have any receipts for paying rent, there was a rent book but it has mysteriously gone missing, and the landlord still has not given me a copy of my contract - sent him a text last night asking for a copy again.


    One of the potential tennants said they wanted it, but then she turned around and said I want to talk to him first (she seen him in the flat and only said hello). I have all this stress and on top im in my last semester of university and I know I won't be able to afford the rent. So if it comes down to it, I might have to leave the flat and leave her liable for the rent. Uni comes first, im not wasting 3 years on this.

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  12. #12
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    Default Re: Landlord entering property without permission

    You are saying that you wont be able to afford the rent but you knew what the rent was before taking on the tennancy. The issues with doors being left open is not sufficient reason to terminate a tenancy as I said change the lock on your bedroom door. If you leave the flat you will still be liable as it is a joint tenancy. as with the electric bill if it is in joint names you are both equally liable regardless of who has used the electric. It sounds as if you have personalitry issues with your other flatmate and sadly this is something that only you 2 can sort out. Did you read the agreement before signing it? To be fair I think you are commited to the full year but if you move out or get evicted for non payment of rent where will you go? do you already have an alternative place to live?


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    Default Re: Landlord entering property without permission

    Quote Originally Posted by assisted blonde View Post
    You are saying that you wont be able to afford the rent but you knew what the rent was before taking on the tennancy. The issues with doors being left open is not sufficient reason to terminate a tenancy as I said change the lock on your bedroom door. If you leave the flat you will still be liable as it is a joint tenancy. as with the electric bill if it is in joint names you are both equally liable regardless of who has used the electric. It sounds as if you have personalitry issues with your other flatmate and sadly this is something that only you 2 can sort out. Did you read the agreement before signing it? To be fair I think you are commited to the full year but if you move out or get evicted for non payment of rent where will you go? do you already have an alternative place to live?
    It has only just staretd to become a problem with the flatmate. I am staying with girlfriend pretty much all the time, she and her housemates have said if you need evidence that you are never there you can ask us. It was the fact I was wasting over 200 a month living there. Me and the flatmate has an argument about the electric bill, she thinks that it is only fair that I pay half of it. I was an electrician before university, and I warned her about the electricity billl if she continued using the electic heater. She suggested that I move out if I was not willing to contributeicon to the bill and I agreed. So asked the landlord if I could end the tennancy, he said no. I then asked what if I found a replacement. He said then you can get out of the agreement.

    Over the past few weeks I have been looking for a replacement. She has disagreed with all but one tennant, who was on DHSS and the landlord said he did not accept it. So the search went on, another few people were interested but she said no to them. So one guy said he would like it the other day, but he said that he could not move in untill he sorted his last tennancy deposit out. He met my housemate breifly who just said hello and ignored him. She said she wanted to talk to him after the viewing - after blatantly ignoring him when he was there. I think he has lost interesticon in the flat now, and as I had a suitable tennant found it is not going to happen because of her unbeliveable ignorance.

    As for getting evicted, thats not a problem but I have a guarantor but my mum wont be able to afford it. I do have an alternative place to live.

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  14. #14
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    Default Re: Landlord entering property without permission

    Well it is up to the landlord who he allows to take the tennancy on but if he wants the approval of the other tenant then thats up to him. I may be wrong but reading between the lines it seems like you rented this flat then regretted it because you are spending so much time at your girlfriends. The arguments over the electric bill are just that if you both are named on the bill you are both liable regardless of who used it. Going into your room is an issue but as I said change the lock, but if the LL cant get in he cant show anyone around. Your housemate may be unreasonable in your opinion but if she is going to share a house with someone else then it is only fair that she is comfortable with them, someone who you think is suitable may not be in her eyes. I really do think you will have to keep paying the rent whether you choose to spend time there or not.


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    Default Re: Landlord entering property without permission

    OP states 'oxbridge style accom at peppercorn rent' so I assume not AST, poss accom 'tied' to employment or contractual T, so OP may need to read agreement closely re locks, but certainly unacceptable behaviour by College contractors. I might br inclined to go round to Dean's house, gain access and clean his internal windows/study, just to get his reaction on record! (not suggesting you break in, though)


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    Default Re: Landlord entering property without permission

    Mariner I think you meant your post to go on a similar thread

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