Landlord breached agreement/broken law - can I end the tenancy agreement?

[Nayfeee]

Good morning everybody. First I would like to give my thanks in advance, as I know how much of a help this forum has been to me in the past.

 

Background information to my situation:

 

Myself and my partner moved into a rented house in August, our tenancy agreement is for a period of 6 months.

 

The house was on the market to be rented through our letting agent, and also to be sold via a separate estate agent. When we moved in and paid our deposit etc. we were informed that it was the intention of the landlord to take the property off the market.

 

We're not happy with the neighbours, and me and my partner have already discussed that we will probably move at the end of the agreement.

 

 

The situation:

 

We were speaking to an elderly neighbour and he asked if we were moving out. When we asked why he thought this, he told us that there had been viewers at our house. He said that there had been people looking in the windows, and on at least one occasion someone had entered the house with keys.

 

Now this was news to us, there had been no notification or prior warning of any kind. I believe that by law, under the Tenancy Act 1977 (?) that we have to be given 24 hours prior notice to any visit that is not an emergency.

 

I contacted the estate agent direct to verify this, and they have in fact been entering the property without our consent. They said that the landlord had given permission to do so.

 

I've also spoken to our letting agent who has confirmed that this is a breach of the tenancy agreement and that he would be contacting our landlord to discuss their intentions.

 

The house has been kept in good condition, but I am slightly embarassed to know that the place was not 100% tidy when people have been entering. I am also annoyed at the fact our valuables were left out, and we could have even been in when they entered! I'm not sure how I would have reacted if I had just stepped out of bed and saw a bloke coming up the stairs, but I'm pretty sure I'd be facing an assault charge right now.

 

My question:

 

As the landlord has obviously upset us and breached the tenancy agreement (and broken the law??) does this give us any ground to end the tenancy agreement early? The landlord is obviously looking to sell the property anyway, and does not seem to care about our privacy or rights.

 

We're looking to move at the end of the 6 months anyway, so could this be leverage for us to move sooner and not face any consequences?

 

 

 

Thank you for any responses, sorry for the wall of text- i'm trying to keep it all short and not get too annoyed whilst thinking about it

[Steve__M]

Short answer is that while you have every right to be extremely miffed, you don't have the right to end the tenancy.

 

You may have leverage to *negotiate* to agree to end the tenancy - but get anything in writing! If the LL finds a buyer he may need or want you to be flexible. A buyer will not proceed if they need vacant possession but the tenant is not cooperating.

[Nayfeee]

Thanks Steve, appreciate the response.

 

How would you approach the situation? Would you try to contact the letting agent to discuss wanting to leave, or would you go direct to the landlord (I don't have the LL contact details as we have never dealt with them).

 

My worry is that the letting agent is playing this situation down, as he obviously wants to keep us happy. However I am really annoyed about this and want to leave as soon as possible, not only due to this but due to the neighbours as well.

[mariner51]

"Short answer is that while you have every right to be extremely miffed, you don't have the right to end the tenancy." Agreed

 

Simplest solutiion, change the entry door locks for duration of T, but replace the orig locks before you leave, consider giving a key for new lock to your LA for 'emergency use' only. Inform LA, LL & EA in writing of locks change due to 'persistent unauthorised entry by EA & clients and loss of Ts 'quiet enjoyment'. Neighbour upsets have nothing to do with LL and not grounds for early termination of T IMO.

[Nayfeee]

Hi thanks for the response

 

I know that neighbours are not grounds for termination, but thought that the unauthorized entries might be. I guess that's not the case

 

It might still leave us in a good bargaining position though, if the LL wants to sell and we want to leave - is this something that you guys have heard of in the past, and is there a risk for consequences down the line?

[Steve__M]

Well it depends on you and your landlord's requirements. Here are the possibilities, some of which you might go for and some not.

 

1. Your landlord would like you out ASAP so he can get shot of the property ASAP. In this case he will be happy that you want to leave (ensure anything you agree is written down).

2. Your landlord is keen to keep rent coming in for as long as possible between now and till the house is sold and might think a well-kept occupied house will achieve more money. In this case he might agree to an incentive for you if you agree to allow viewings and agree to leave at shorter notice if he gets an offer he wants to accept.

3. Your landlord is not in any hurry and thinks that by the time he's got an offer your six months will be up and he'll have given you notice to quit. Stopping viewings now might persuade him to go to option 2 or 1, but he might get stroppy.

 

I'm sure you could ask one or other agents to see how the land lies without kicking up a fuss (yet!).

[Nayfeee]

Thanks again for the responses - appreciate the advice.

 

One thing I can't get my head round though- The LL has clearly broken the tenancy agreement by allowing these people into my home without notifying me. Surely this means that the agreement is no longer binding? If we as tenants had broken the agreement we would be evicted? So why is the LL allowed to break the agreement without any consequence?

 

Thanks =)

[Nayfeee]

Oh and I have just seen that the property is advertised as "available for immediate occupation"....

[Snorkerz]

Thanks again for the responses - appreciate the advice.

 

One thing I can't get my head round though- The LL has clearly broken the tenancy agreement by allowing these people into my home without notifying me. Surely this means that the agreement is no longer binding?

It is all a matter of degrees - and although this 'breach' was extremely annoying, it is at the lower end of the 'naughtiness' scale.

 

If we as tenants had broken the agreement we would be evicted?

Not necessarily - even if the landlord wanted too. Many 'offences' for eviction require a judge to make a decision as to whether the breach is severe enough to warrant making the tenant homeless.

 

Oh and I have just seen that the property is advertised as "available for immediate occupation"....

Well it isn't. Unless the landlord makes himself your best friend ever you could quite easily still be in occupation in May next year. But that is a contractual issue between the buyer and your landlord. It doesn't affect your rights, indeed if it is sold before you choose to leave (or are evicted through the courts) the only change wil be the name of your landlord.

[Nayfeee]

Thank you for clearing that up Snorkerz

 

I have now started to leave my key in the front door, so that people are unable to open it. I simply leave through the back door and padlock the gate so that nobody can enter even with keys.

 

I'll see how easily the barrel in the lock can be changed. Hopefully the LL wants to sell ASAP and will allow us to leave.

[Snorkerz]

Thank you for clearing that up Snorkerz

 

I have now started to leave my key in the front door, so that people are unable to open it. I simply leave through the back door and padlock the gate so that nobody can enter even with keys.

 

I'll see how easily the barrel in the lock can be changed. Hopefully the LL wants to sell ASAP and will allow us to leave.

If it's a plastic door it will have a eurocylinder. Parts less than a tenner from Screwfix and the job takes literally 2 minutes - it requires a single screw to be removed and replaced. Destructions are on Youtube.

 

You MUST keep the original barrel and reinstate it before you leave.

[Nayfeee]

Just heard from my letting agent who completely played the situation down and said that the Estate Agent were to blame. Apparently the LL had told them under no circumstances should they enter without contacting me first.This seems odd considering the EA told me that the LL said to enter, as she has no contact details for us to arrange a visit.