Compensation from my landlord for entering the property without a notice?

[Mayammi]

I was home sick today and upstairs when I heard a noise dowstairs. Turned out it was a plumber and a plasterer sent in by my landlady to 'have a look at the job to be done in the bathroom'.

She didn't let us know and was clearly hoping that we won't be home at the time of their visit.

 

I almost got a heart attack! I was sure I was about to be raped and killed or whatever.

The landlady is a nightmare, used to arrange such stuff with us and then send the workers in at times different to previously set, but a thing like that...

 

I want to claim compensation for unlawful entering the property as it is a clear breach of our tenancy agreement. I dread to think how many people have had late morning tours of the house while we were working..

Anyway, we want to move out asap but haven't really got the money to cover the cost of the move.. We'd like the compensation to cover this cost - say 300 GBP. Have we got a leg to stand on law-wise?

We've lived here since Sept 2008 with 2 kids and always paid the rent on time(675 GBP).

 

Thanks for any advice!

(I called the CAB already but didn't get through, will try and see them in the flesh next week.)

[mariner51]

What is the problem in the bathroom and when did you report it to LL?

 

Certainly LL/workmen entry without Notice could be breach of 'quiet enjoyment' but you have only quoted one instance, unless you can show a pattern of repeated access without prior Notice and your consent........£300?

LL may be more flexible over leaving or Notice dates but you would have to bear the cost of any action for compo.

Claims for breach of contract often get the other side reaching for copy of AST for pot counterclaim.

See what CAB say

[Mayammi]

The bathroom - mould and tiles falling off the walls plus peeling paint. We reported it to her in December (mould only back then) and got a letter threatening to end the tenancy contract as the mould was the effect of not ventilating properly (she suggested we keep the window wide open when using the bathroom, it was minus 10 then).

 

Got another threatening letter in January, following an inspection - this time about cobwebs in the house. Did my best but only found 2 by the attic flap. Then had another humiliating anti-cobweb inspection.

 

Reported the tiles thing in January. She said the plumber would come in at 3 pm but he arrived at 11 am when I was having a bath. Had a look.

He was back in Feb. Had another look.

And again today, without a notice this time.

Nothing has been done so far, the tiles keep coming off and the mould only gets worse and worse.

 

Don't get me wrong - I'm not looking for some free cash to fund a holiday. We've invested 1000+ in the house, put the floors down, repainted in places etc., and would happily stay here for another 3-4 years, but not in these circumstances.

The way I see it - her disrespectful behaviour is the reason for ending the tenancy and she's guilty of trespassing etc., and I wuold like to be compensed for this.

 

Thanks a lot!

[raydetinu]

As she has written to complaing about things, suggest at this stage you write to her and politely as possible tell her that this is unacceptable and must stop!

change locks, that way nobody can enter without you being their. didnt the builder knock?/ring did he have a key?

Defo not on.

Also she cannot comment or complain about the minor things like cobwebs, general housekeeping; nothing to do with her. The only time it counts is the condition when you leave.

[mariner51]

I am pleased raydetinu has replied with alternative views allowing an open discussion. Others welcome.

 

1. Bathroom mould first reported by T to LL in Dec 10. The majority of black mould is caused by condensation and likely to be caused by poor ventilation or T lifestyle. First inspection Jan 11, LL advises T to open bathroom window. I suggest after taking a bath or shower.

T pres granted LL access for inspection

2. Loose or missing bathroom tiles reported Jan 11 which could result in water penetration to fabric of property and elsewhere. LL engages builder to assess and quote for repair, which may have been accepted and work authorised. The LL was ill-advised to give keys to builder to effect access to tenanted property. I would provide tradesmen with T contact tel to arrange mutually convenient times.

3. I surmise OP has never been a householder, tradesmen rarely arrive at the appointed time, or even day, esp if you have taken time off work to be present.

4. Condensation mould can easily/cheaply removed by a fungicide wash and ventilation ( T resp). Provision of extractor fans (LL resp)

5. Evidence of cobwebs amy suggest T was not maintaining/cleaning property in 'a tenant-like manner' I suggest any further 'cobweb' inspections were to confirm this for LL if considering T renewal.

I dispute the contention a T 'owns' a rented property. If T rents a TV they can expect repairs during hire period but they don't have title to it.

 

Whether OP seeks compo for a holiday or to fund a move, the financial benefit is the same and would have to show at their own expense, the LL effected access without authority.

Many posts on this Forum complain about LL delays over repairs.

As has been suggested the OP could always change the locks to prevent such transgressions, provided the original locks are re-instated without damage at the end of the T

[Aequitas]

Concentrating solely on the landlord entering:

 

If the tenancy agreement contains a provision that allows your landlord to enter then entry cannot be a trespass. However, there is a possibility that unjustified entry is a breach of the landlord's covenant for quiet enjoyment. Since that is a contractual obligation you need to show a loss before you can claim damages.

 

See further this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?250737-A-landlord-s-right-of-access&highlight=