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    • Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.
    • I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters? But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf
    • OK, I will do now. I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing. Armtrak Defence documents_compressed.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
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About 10 minutes ago, my landlord's father and a plumber just opened my front door. i'm absolutely furious and curious what i can/should do? there's been a problem mentioned to us about a minor leak in the apartment below us in a bathroom, and we've obliged with a prior request to stop using our shower for two days to test if this solved the problem. i received a text message from my landlord yesterday (wednesday) morning asking for entry 'this AM' for a plumber. i never replied, as i was a bit annoyed. now i find today, sitting at home that there's someone in my hallway. no buzzed entry, no knock on the door, nothing. just two complete strangers in my home.

 

foolishly, i let them come in after a quick tidy, just to try and get the problem sorted. i was a bit shocked to see them and realise now i should've told them to leave immediately, but what's done is done.

 

what can/should i do about this? is a strongly worded letter to the landlord about the summation of all i can do? obviously he's breached the contract and i could leave etc, but i really don't want to. have i any grounds to follow this through with any legal process? i could've been asleep in bed, in the shower they were about to try and fix or anything. i'm so angry! thanks

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The landlord/agent/etc has to give you at least 24 hours notice to enter. I think they don't have to do that if it's an emergency. This does not sound like one.

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correct,not an emergency in the slightest. i know he's broken the contract and that, but i really don't want to move out, i just wonder if there's any way of pursuing the issue away from that?

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Apart from letting him know you don't appreciate anyone coming in to your house unannounced and that may be against the law, I can't think anything you can do against it. Though I don't if you want to say the last bit about breaking the law, as they may take offence to you telling them the rules.

The landlord’s rights of entry

 

Your landlord has a right to reasonable access to carry out repairs. What ‘reasonable access’ means depends on why your landlord needs to get access. For example, in an emergency, your landlord is entitled to immediate access to carry out any necessary work.

Your landlord also has a right to enter the property to inspect the state of repair or to empty a fuel slot meter, but they should always ask for your permission and should give you at least 24 hours notice.

If you are staying in lodgings where it is agreed that your landlord provides a room-cleaning service or where you share a room with other lodgers, your landlord can enter without permission.

Your landlord does not have a right to enter in any other circumstances unless they have a court order.

Source.

Edited by StevenT

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i had problems like this from my landlord, i rang him and told him if he did it once more i would seel legal advice,which i did.

 

H e was sent a letter telling the do's and dont's,,whuch then 2 days later he gave me notice to leave,of which im still here 2 mths on,and the house is now being reposessed as hes not paying the mortgage on it.

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It's s shame Britain is one of the few countries where tenants have so few rights, and even the little rights you have, once you enforce them the landlord can simply give you notice. In most other countries in Europe, once a let has been agreed, the landlord can not give you notice unless there are legal reasons.

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Erm, the same applies in England too.

 

If you sign a 12 month lease, the landlord cannot evict you unless you breach the terms of the tenancy. Changing the locks is not a reason to evict and would not be accepted in court unless the tenant damaged the door/original lock.

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If the house is being repossessed, talk to the lender. They may not be aware that there is a sitting tenant. They cannot just lock YOU out.

 

I had this situation a few years ago. I contacted the bank concerned and made a proposition. I said I would move out and hand them the keys if the let me stay for 3 months rent free. They agreed and that is exactly what I did.

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But he can still give you notice isn't it? I found this site very informative. It has a nice summary of landlord/tenants laws for each country.

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No. The landlord can only serve notice under two circumstances.

 

1. Tenancy term has lapsed

2. There is a breach of tenancy

 

If the landlord gets the hump, that is not a reason to evict.

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Some good advice here. I was struck, though, by your original comment that

 

"i received a text message from my landlord yesterday (wednesday) morning asking for entry 'this AM' for a plumber. i never replied, as i was a bit annoyed."

Don't wish to excuse the landlord of turning up unannounced, but they needed to fix a leak and had advised in advance of their visit. They should have waited for you to reply though, of course.

 

There are many other posts on CAG of landlords who don't respond, sometimes in quite serious circumstances, so before going ballistic with this particular landlord, next time, perhaps, just tell him "sorry, can't do thursday morning, can you please call in the afternoon instead" or something?

 

Water leaks, especially in blocks of flats, can be dreadful to sort out sometimes - and can often have been going on for awhile before the leak is actually seen.

 

A reasonable landlord won't want to muck about, they will, sensibly, just want to get in and sort it before more damage is done.

 

That said, they had asked you to stop using the shower, so sounds like someone somewhere had a pretty good idea as to the cause of the problem! Arguably, less of an emergency then, as others here have suggested too. Once you've found out more about the cause of the water leak then, perhaps, that would be a good time to send a firm, but polite letter.

 

Otherwise, as JimmySpangle mentioned, a notice may follow once the original term has lapsed. Some landlords do respond, later, to tenants in that way too.


As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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