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Landlord forcing entry to fflats without any notice


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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 :???:

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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.

Edited by berrylover
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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.

  • Haha 2

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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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.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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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!

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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.

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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.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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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. :mad:

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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

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

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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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.

If I've been helpful, please add to my rep. :)

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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.

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

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I have seen worse on this forum, but I did make a valid point. :D 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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MY lettings agents visited when I asked them not to, even though I had repeatedly stated that it would be upsetting to my housemate.

 

When I said they only had permission to enter if I was there, unless it was an emergency, they said they would let themselves in if I was not there.

 

On the second occasion they turned up, I pointed out that I had told them I was ill and not to come. They waited outside for 1 hour and shouted through the door. I called the police non emergency line. After 1 hour they announced they were forcing entry and tried to force their way in. I had to call 999.

 

On a later occasion I caught them trying to let themselves in. I arrested them and called 999. On both occasions police came and did nothing; fobbing me off with lies about 'a civil offence'.

 

I have written to the police stating exactly what happened. Then I wrote to two borough commanders. Then I wrote to Iain Blair. The only reply I received was from one of the borough commanders assistants. TOTAL MALADMINISTRATION. Avoided issues and twisted what I had written.

 

Be aware that the police do not care. At all. What they will do is sound a bit concerned and then say it's a civil matter. This happened to me twice when I was young. Once I got beaten up (age 16) once knocked unconscious by a bit of wood (21). Each time the police took a report but nothing else happened. On BOTH occasions I knew who did it and had witnesses.

 

Even if someone is pushing your door in whilst shouting your first name whilst you are ill with flu and have asked them, by email, repeatedly, not to attend....it's a civil matter.

 

I've looked up the law and it's assault and battery. Perhaps more as the psychological damage from having to deal with these psychos is not fun.

 

The reality is that all public services now use a maladministration calculation to inform their work. Job Centre does it. Local council does it. All utility companies do it. And the reason? It's cheaper to give an appaling service and get sued occasionally than to give a good service.

 

I'm beyond asking for help. I haven't received any benefits for over a year and I survive on loans from family. All dignity gone now.

 

I've written to local councillors , MPs and Lords. MPs reply but can't be bothered. No one else does.

 

I'd rather die than enter the job centre again. I wouldn't trust myself to stay sane if I did. I've applied for IS twice now. No reply. The second time I handed a application for IB to the JC I asked for a receipt. They refused saying 'not our policy'. When I tried to apply for a crisis loan on paper they broke the law and refused. they make you use a phone syytem which is permanently engaged.

 

If you tell the GP about this they give you anti-depressants. At a push you get a councillor who listens and then says 'what do you want me to do about it?'

 

I asked someone on here for some some personal help. People are busy though. And I really struggle to deal with the administration.

 

This started as a rant and has turned into a plea and I am crying. I'm sorry for hijacking the thread.

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Hi all!

 

waterbottle,I am very sorry to read about your problems with your landlord/agent.

 

In reply to your post and in my view:

 

1.As I suggested in my previous post to lolitalove1 you should contact the Private Tenants Officer employed by your local council.This service is totally free.The council has the powers to prosecute in extreme circumstances.

 

2.As I have said before,the Police do not get involved unless there is a breach of the peace i.e. violence.So do not waste your time or energy.

 

3.However,if your landlord/agent assaulted you could and should inform the Police.

 

Anyway,please cheer up.Also,do as I have just suggested.

 

I hope you find this information useful.

 

Idf you have any questions,please feel free to ask.

 

Keep us posted.

 

All the best!

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The police do not get involved, as it is quite simply not a police matter generally speaking. I am not sure where you get the assault and battery thing with someone entering the property, but never mind - tenancy laws are enforced as N4B says by the local council.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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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.

 

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.

 

Smiley face or not, please note that posts of this nature are not welcomed on this site.

 

This site is all about asserting the consumer right - this is not done by stealth or dishonesty, and we disassociate ourselves from any suggestion made in your post.

 

I'd also remind both posters that personal attacks are not welcome here.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Mr Shed - I got assault and battery from the police handbook.

 

If I am holding a door shut, and the management agents are telling me that they are forcing entry it is assault and battery. For a number of reasons.

 

Forcing the door is violence (defined as unjustified force) and assault (putting someone in fear of violence)

 

Violence against the person that causes damage is assault and battery, at least. Do you think someone who has this done to them is likely to be unchanged as a result, or might they be a little bit upset afterwards?

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