Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Landlord entering property without permission


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4222 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

Edited by Armaghgeddon
Link to post
Share on other sites

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.

Link to post
Share on other sites

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?

Edited by Armaghgeddon
Link to post
Share on other sites

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?

Link to post
Share on other sites

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?

Edited by Armaghgeddon
Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Edited by Armaghgeddon
Link to post
Share on other sites

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?

If I have been of any help, please click on my star and let me know, thank you.

Link to post
Share on other sites

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 contribute 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 interest 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.

Edited by Armaghgeddon
Link to post
Share on other sites

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.

If I have been of any help, please click on my star and let me know, thank you.

Link to post
Share on other sites

  • 5 months later...

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)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...