Refusing landlord entry?

[serensmummy]

I hope someone can help me with this issue:

 

I am on an assured shorthold tenancy ending on 2nd July and in this time, the boiler has broken at least 6 times (probably more). Each time I've phoned the landlord, he has come round and replaced a part (I know he's replaced the thermostat and some valve, but not sure what else) and got it working again - only for it to go down again within a couple of weeks.

 

The most recent time it broke was last week - after being ok for a month or two before that - and the LL turned up the day after I phoned him. He got the boiler working again and said he would come back on the Saturday (5 days later) to replace some other valve to stop the boiler sucking air in...or something. I didn't really give an answer and he left, then came back on Friday evening to "check we are still ok for tomorrow". I said I didn't want him to carry out the work as it's June so I won't be using the boiler much, and planned to leave shortly after my tenancy ends anyway. He argued the point, said it was his house etc., then stormed off.

 

Cut to yesterday, when the letting agent comes round armed with a letter giving me 48 hours' notice that the LL will be round to fix the boiler (which is already working anyway) and also said that the landlord had asked her to give me 2 months' notice to leave.

 

I accepted the notice as I want to go anyway, and took the letter about the LL fixing the boiler, saying he could come anytime before 5pm - but now I've changed my mind.

 

Is there any way I can refuse to let him in?

 

It sounds petty, but the other day when he was here it was a pain keeping my 2 young children downstairs for the hour he was here; and he says this time it will take 4 hours - I can't take them out anywhere and wouldn't want him here without me being present anyway, plus last time he came over he opened my bathroom window without me knowing, so when I went up there an hour after he'd gone there was skeletonised flies, spiders and dust all in my bath, toilet, sink and over the floor; loads of it, as the dirty old bathroom window blind wasn't replaced before I moved in and I haven't touched it since I've been here.

He also traipsed dirt up the stairs carpet from his work boots and then looked at my (7 months pregnant) stomach in a shocked way and asked if I was pregnant?. I told him yes - as the letting agent knows so I assumed he did too and he said "Oh...how did that happen, as far as I knew there wasn't a fella involved is there?". That for some reason made me feel very uncomfortable as I don't see my lovelife (or lack of it) being any of his business.

 

Anyway this post is getting far too long - he's due sometime tomorrow; seeing as I've already been served my notice, do I have to let him in or can I just refuse him entry when he turns up tomorrow?

 

Thanks in advance.

[magickat]

I'm sure someone can provide you with the legal ins and outs, but as I understand it you are entitled to refuse the landlord (or anyone else for that matter) entry to the property, even to the extent of being allowed to change the locks.

[45002]

One urgent question on safety grounds

 

Is the landlord a qualified engineer to fix the boiler in the 1st place ?

 

Stop LL fixing the boiler/central heating,you have your family safety to consider.

[serensmummy]

Hi, I have no idea. All I know is he has his own building business so I'm assumed he must have plumbing/gas safety knowledge, however I doubt he's corgi registered or anything like that. The jobs he's been doing so far are just DIY type jobs I think anyway aren't they? Replacing old parts with new for example.

 

I did get a gas engineer out a few months ago when I thought I smelled gas at 3am and the vboiler was making an awful clanging noise; the engineer said it is well past repair, but didn't condemn it or anything - just put a sign on it saying not to use until it had been fixed, the LL came round the next day and seemed not to care what the engineer had said, just replaced the thermostat.

 

I have no idea what qualifies someone to know what they're talking about with these things as I have no idea of boilers and their workings.

 

I did, however, say to the LL the other day that the boiler obv needs repairing as it's gone down so often in just 6 months, and replacing parts clearly isn't working. He said it's getting on a bit as it's been there since he's owned the house (and used the words "20 years"; not sure if that's how long he's owned the house or the age of the boiler) but doesn't need replacing. Then he told me to trust him, in the next breath said it would need replacing if I didn't let him fit this valve - which is why I'm wondering whether he can call this an emergency repair or something. But...if he's already issued notice to expire on August 14th, can I still be accused of breaching my contract?

 

I'm confused.

[45002]

If the landlord is Not a qualified engineer to fix the boiler in the 1st place ? STOP HIM.. Carbon Monoxide poisoning Kills

 

It's yours and your family's life he is putting at risk.

 

As you have a assured shorthold tenancy( AST),i will let the rest of the CAG's advises you

--------------------------------------------------------------------------------------

 

 

My advice on Tenancies only relates to Regulated Tenancy,RT and too some extent SAT,AT..

Edited June 15, 2011 by 45002

[Snorkerz]

The landlord is almost cetainly not allowed to do any gas related work on your boiler -

http://www.gassaferegister.co.uk/advice/renting_a_property/for_tenants.aspx

http://www.gassaferegister.co.uk/about/what_is_gas_safe_register.aspx

 

You certainly can refuse him entry - it is your right of 'quiet enjoyment'. If you refuse him entry, and he forces his way in, it is a police matter.

His right of entry only over-rides your right of refusal in a genuine emergency or if he has a court order.

[serensmummy]

Thank you for your post but it's not a gas related job, is it?

 

I have no idea what this valve is he's talking about; he just said it was a valve to stop the boiler taking in air when it fires up - so I'm assuming some sort of bleed valve - which would make it more of a plumbing thing as he's not touching the gas side of things? In which case I think he could carry out the work as he is a general builder/plumber type person.

 

I'll tell him I want more info on what exactly he's doing I think before I let him in, and that he will have to arrange another appointment. I'm sick of him messing about with the boiler now anyway as he's abviously not doing any good

[serensmummy]

Well, I refused the landlord entry this morning stating that it wasn't a necessary work, and he came back an hour later with the letting agent in tow, who really let rip saying that he IS allowed in for whatever reason, as long as he has given 48 hours' written notice. She demanded I let him in or she would come back with a section 8 notice (with a court date for immediately after the notice ends in 4 weeks' time) and the police to let them in.

 

I still refused, so she's coming back in a bit with the police to gain entry

[Snorkerz]

she's coming back in a bit with the police to gain entry

No she isn't. Well if she does, make sure you get the oficers number because you should then complain. This is a civil matter, not a criminal one, the police have no juristriction other than possible breach of the peace and tresspass by the landlord.

[serensmummy]

Are you sure?

 

She seemed fairly sure of herself...so then I phoned the housing advice team at my local council, who said pretty much that the landlord owns the house and is entitled to access - it's apparently for him to judge what is a necessary/emergency repair and what isn't, not me.

 

The housing options guy says I've dug myself into a hole now...oh and the letting agent said that the police will automatically let the landlord in without asking for details; as long as the correct notice has been served for entry.

 

I'm really confused now...

[serensmummy]

Just thought I'd say; I've just phoned a local solicitor for a bit of quick advice and he said that unless the letting agent/landlord says that it's an emergency, the police probably won't touch it as it's a civil matter.

 

So, looks like your advice was spot on Snorkerz.

 

However, I don't trust the letting agent not to embellish the true extent of the 'boiler issue' a bit to get the police to attend as she seemed very annoyed when I wouldn't let her in.

 

Section 8 on the way though I'm sure don't suppose anyone knows how quickly the eviction is likely to happen, as the section 21 I was served 2 days ago ends on August 14th but my contract ends on July 2nd - so I'm assuming they could go to court on the 2nd/3rd July to evict me?

 

Thanks for the advice so far by the way, it's been very helpful.

[Snorkerz]

If he claims it is an emergency, and the police let him in, get a printout from the site I linked to earlier and ask (with the police present) for his 'Gas Safe' membership card. It is illegal for him to deal with gas without one - and it would have to be gas if it is an emergency - electricity can be switched off easily

 

With regard to section 8 - I have written this page which may help: http://tenancyanswers.ucoz.com/index/being_evicted/0-21

I have heard that section 8 hearings are taking a couple of months in many areas, so..

 

Mid June, section 8 notice served

Start July, LL applies for hearing

Start Sept, Hearing

Mid - End September - Possession date (you don't have to go)

Mid - End September - LL applies for bailiffs

November - bailiffs turn up.

 

These dates are guesstimates because there are many variables - but i won't be far off.

Edited June 17, 2011 by Snorkerz

[Snorkerz]

Section 21.

 

No, the LL can not go to court for the section 21 until the notice has expired - it is their fault they did not serve it in time to expire at the end of the tenancy.

 

IF the section 21 is valid, the timescales will end up around the same as the s8 because no hearing is usually needed.

 

Did you pay a deposit? is it protected in a government approve scheme?

[serensmummy]

Oh ok, thanks - the letting agent seems convinced it will only take 4 weeks to get me out...then again if they go under ground 12 (?) - the breach of contract one, anyway; I think that's at the judge's discretion so maybe I'll have a leg to stand on and they might give me 6 weeks to get out, if nothing else. Sept would be good though as that's when I planned to leave anyway

 

Well, no police yet so I'm glad I didn't let 'the bully' letting agent overpower me with her "you don't know what you're talking about" argument.

 

Oh and yes I did pay a deposit, it's protected but the LA has already said I won't see any of it now that I haven't let them see to the boiler.

[Snorkerz]

They can't keep our deposit because you didn't let them see the boiler - this is laughable - which end of their body are they talking from? When the time comes, if you dispute any of the deductions they want to make then you lodge a dispute with whichever scheme protects the deposit and let them or the courts sort it out. It is so obvious why letting agents are held in low esteem by so many people.

 

Section 8 ground 12 is (as you say) a discretionary ground - I can't see a judge making anyone homeless on the basis of what is written here. I also suspect the agent knows that and really shouldn't advise his client (your landlord) to throw money at such a low chance eviction. If not, it seems they're pretty useless from both tenant and landlord side of things. Incidentally, are they members of ARLA?

 

With regard to landlords right of accss, I thought you might find this interesting... http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

[45002]

Hello

serensmummy

 

This Agent sounds a right bag of rubbish

 

Keep a diary of how many times the LL/agent come around,dates,times and what they say and so on,keep updating the diary,having theses notes may be usefully if the LL/Agent go too far and legal action needs to be taken against them !

[mariner51]

Snorkerz - you cannot assume LL is not Gas Safe qualified. As you later state T should request to see his GS ID and note & check his registration number is current on the GS website before allowing any remedial work on the gas appliance.

Others - T can refuse entry to anyone on grounds of 'quiet enjoyment' unless an emergency, but could not claim failure to repair in a timely manner if her permission to enter was witheld IMO

OP - AIUI any person not currently GS registered, commits an offence if they remove the outer casing of a gas c/h boiler, whether they work on the gas supply or another integral part.

Sounds like T should ignore LA and leave them on the doorstep even if it is snowing.

I doubt a repo order can be obtained before end of T but T should make arrangements to move out at end of T

[Ed999]

My comments apply only if the premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you - and your spouse/partner/children, if any - had exclusive use of a seperate dwelling, which was not shared with another tenant nor with the landlord), and only if you were over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Access by the Landlord

 

Read this FAQ - Access to the Property by the Landlord

 

In summary it boils down to this: if you have a shorthold tenancy, the landlord has a statutory right of entry in order to carry out repairs. But he must give you prior notice.

 

 

Gas Safety

 

If the premises have a mains gas supply, do not allow entry to any workman - whether claiming to be a "builder", "plumber", or anything else - unless he produces a Gas Safe Register ID Card. This also applies to the landlord, if it's a gas repair, if the landlord is proposing to repair the gas appliance himself.

 

If the premises have no Gas Safety Certificate, register a formal complaint with the Health and Safety Executive (HSE), who will immediately prosecute the landlord. You can use this link -

 

http://www.hse.gov.uk/gas/domestic/faqtenant.htm

 

Alternatively, here is a webmail link direct to the HSE, to make a formal notification that there is no CP12 Gas Safety certificate -

 

https://extranet.hse.gov.uk/lfserver/external/lgsr1

 

 

The Gas Safety (Installation and Use) Regulations 1998, section 36 (landlord's duties), is set out at -

 

http://www.legislation.gov.uk/uksi/1998/2451/regulation/36/made

 

The issue of a Gas Safety Certificate confirms that the entire gas installation - boiler, fire (if fitted), gas hob / cooker, pipework, meter, earthing, safety emergency controls - are all working correctly as defined in the Gas Safety (Installation & Use) Regulations.