Help with access in notice period asap please :)

[clocloclo]

Hi, Quick background

 

Single mum, HB got TOTALLY mucked up, not my fault, landlady was really unreasonable and gave a notice to quit on a shortlhold for 2 months which ends 21st april

 

No probs as have found somewhere else with help from family etc

 

Landlady has always been awkward and picky. She often has told me how she should only rent to proffessionals as apparently an indian(why relevant?) lady put a removable child lock on a toilet seat ...shock horror, she told me this when I asked to put a child lock on the chemical cupboard in the kitchen, she actually declined as it would ruin the inside of the cupboard(early 80's waterlogged and smashed to bits!)

 

She has been picky about the most daft things and really feel that she will not return one penny of the 1275 deposit as she will find her 'bill' equates it perfectly! So am acctually being cheeeky and will owe that the day her notice for 21st is up.

 

I have no intention of meeting her that date(moving earlier but not telling her) as she is always argumentative or personal. Silly things like references to me being a single mother, saying on AP that I am a coward for not returning her calls(was out!), saying I am living illegally in her property(thought was 'mine' as such, unless she got a court order?) and she is constantly putting hand delivered notes through the door. Everything with her is contentious and she speaks to me like I am ****...HB got mucked up, I'm not ****!

 

Anyway, she put through a note tonight(I complied with all of letting agents requests for viewings)

 

"I would like to come to --,-------etc, with view to planning for any works/decorating that may need to be done. As I am required to give you 24 hours notice, this letter is to advise you that I shall be there on Wednesday at 11am. This will also be a convenient time for me to collect 2 months outstanding rent money."

 

Now as i'm packing I can not find my contract!!!! But I know it does basically say...let the landlord in unless you have a really fab reason!

 

Problems with doing so are this...

1.I do not believe for one minute that she wants to view the property to work out repairs or whatever needed as I have been waiting a year for minor basics to be done!

2.I do not want her seeing place is bomb site(have 2 boys under 2) as i'm currently packing and everything is waaayyyy past chaotic and certainly do not want to tidy up for her!

3.I find the way shepeaks to me terrible and I do not thinbk I should have to listen to it. She also bullies me into answering things, way i'm looking it is this...if I do not leave by 21st, or owe you...got to court don't harass me!

4.Carpets need biggest shampoo ever....light beige 18m old and I have started to go through house, they are terrible in lounge but was caused by viweings, but she will just not believe or give me grief, but it will be left fine etc

5.She will stress me to death, I can't afford to be stresed now, moving in a week and need to be calm for kids etc

6.Found out that she has been on phone to my ex and social services telling them about my non payment, has caused me heaps of issues and having to defend that I could do nothing else etc. So hardly want to be polite.

7.Do not want her here whilst I am not as I really do not feel I can trust her either not to pry into things or do something illegal like lock changing as she is such a meddler etc

 

As I understand it, even if I have a contract(somewhere!) that states she can come in at 24hrs notice... do the following not still over ride it? ...

 

1.She must serve a s21 possesion order or I must return the keys for her to have full access without notice or agreement

2.Regardless of the what tenancy agreement says, about breach of contract or not, landlord CANNOT legally enter or repossess the property without a court order

3.During the tenancy(which is not ended until the court says or the mutual agreement) the tenant has EXCLUSIVE possession of the property, and the landlord would be trespassing and infringing the tenants "quiet enjoyment" of the property. Should he then take possession without a court order, then he is guilty of the CRIMINAL act of unlawful eviction

4.The Landlord is required by law to give 24hrs notice asking for permission to inspect/enter the property, and again, the tenant can always refuse. The only exception to this is if the Landlord needs to carry out emergency work such as getting a gas leak repaired

5.Even if the official term of the AST has expired, the Landlord still has to obtain a court order to enter and/or repossess the property. AST contract terms do not supercede the law.

6.The landlord would still not be able to enter the property full stop even if they gave notice and even if the tenancy had apparently been breached by the tenant - the landlord has to get a court order to enter the property without permission. 'Notice' does not equate to 'permission'.

7.All private tenants in debt, are protected from acts of harassment and unlawful eviction by both criminal and civil law. Harassment is defined as acts which are intended to interfere with the peace and comfort of a tenant or the persistent withdrawal or withholding of services. Examples could be...Entering the property without the tenant’s permission or when the tenant is not there(have had her tryng to get in before but I was in with key in it!) Repeated visits from the landlord without warning(just knocking on door when i'm trying to bath my children/breastfeed them, put to bed etc and telling my mother about my finances when she did not know who she was and could not see similarities as has never met me!)Possibly also harassing the tenant to leave earlier that the notice date given, which she has done alot. Maybe also the fact she keeps coming onto property or through side gate to hand deliver notes as I find it harassing!

8.She should not call on sat pm etc and should stick to business hours not 750am on a mon morning either!

9.I could effectively bring an action for damages in a court, for breach of the landlord's implied covenant for "quiet enjoyment" for acting the way she does.

 

If these are correct...

 

What should I do? Simply call her and state that I recieved her request for access but am denying it as it is not for an emergancy and I am allowed quiet enjoyment of the property unless removed by the courts, even if in rent arrears and remind her that if she fails to respct that, despite it being her propety she will be illegally gaining entry?

 

Or am I on the wrong track here?

Therefore my plan was to avoid her!

[Planner]

Yes you are correct. Tell her it isnt going to be convenient until the 21st. If she tries to enter, refuse and change the locks.

[clocloclo]

Well i'm broke so can not do that!

 

Thanks for letting me know, just do not want arguments and place is a bit of state(normally lovely) but will be great when I leave it etc

 

Can not believe length of my post...oops!