Landlady breached tenancy agreement, what can I do?

[scratchyrat]

Hi,

 

Hopefully someone can offer me some advice here, sorry for the long post.

 

I live in Bristol and have a statutory periodic tenancy on a rolling one month basis. I have been here just over a year.

 

My landlady has repeatedly breached the tenancy agreement by coming round and allowing herself and workmen access to my house with no notice whatsoever. My tenancy agreement says she must give 24 hours notice for any visit.

 

I have told the letting agents in writing on several occasions that I am categorically not OK with this and I insist on notice. They have informed me (in writing) that they have asked the landlady to provide me with notice of her visits, but this has happened numerous times since.

 

I live alone and I feel like I've been robbed of my privacy and harassed in my own home. As a result, I have found somewhere else to live, but I cannot move in for a month or so yet, maybe longer.

 

My question is, because she has breached the tenancy agreement, can I serve my one month's notice from any date, citing these breaches, rather than the date of the rental payment (the 21st). When I can move, I want to get out of this house as soon as possible, and I don't need a reference from her for my new flat.

 

I know "fair" doesn't hold always much weight legally, but it doesn't seem right that she can breach the agreement at will and suffer no consequences, but if I breached the terms, I would be served notice and evicted. I would be happy to stay here had I not been subject to this treatment, but now I feel I have no choice if I want a quiet life.

[stu007]

The Landlord has to give you 24 hrs Notice,

 

You could also consider changing locks with like for like and keeping the originals to replace when you move out.

 

https://www.gov.uk/private-renting/your-rights-and-responsibilities

 

https://www.gov.uk/private-renting/your-rights-and-responsibilities

 

https://www.citizensadvice.org.uk/housing/renting-a-home/common-problems-with-renting/

Edited December 22, 2016 by stu007

[scratchyrat]

Thanks. I know she has to give me 24 hours notice, but she isn't, and there doesn't seem to be anything I can do about it.

 

I did consider changing the locks after it started getting worse, but it seems like an unnecessary expense now I'm moving soon. I won't rule it out though should it get worse.

[Keyzer Soze]

Even with 24 hours notice, she still needs your agreement & permission to enter. Iirc the police are the enforcing body for this. If they won't do anything, speak to your local council private housing team (they should have one).

 

Good luck.

[Steve__M]

My question is, because she has breached the tenancy agreement, can I serve my one month's notice from any date, citing these breaches, rather than the date of the rental payment (the 21st). When I can move, I want to get out of this house as soon as possible, and I don't need a reference from her for my new flat.

 

Unfortunately, I don't think it can be stated that her breaches would give you this right.

 

Your best bet would be to argue it out with the letting agent, and if possible, get any agreement you make with them in writing. Your landlady may wish to get regular access to the property for the remaining month as a term of such a deal.

[ericsbrother]

changing the cylinder of a standard yale lock is about a tenner. You can then take it with you to wherever you move to and reuse it if you wish. Your landlady isnt going to batter the door down when she finds out you have done this, I doubt if she will say anything at all as she knows her behaviour isnt acceptable. If the letting agents who hold a key then yu could politly tell them that you have done this and will replace the locks at the end of your tenancy but any attempt to enter will rwesult in the police being called for attempted B&E

[scratchyrat]

Thanks all.

 

It seems calling the police is my only option then. It's not really a road I want to go down though, it seems drastic when all I want is some notice.

 

I thought it was more expensive and a professional job to change a lock. I've found an inexpensive lock on ebay for about £6 that will fit the door., and a quick browse on youtube shows it's quite easy to do myself, so I'll do that if it gets worse.

 

I'd be fine with her having access if I can go sooner, but I'm not sure I trust her not to pull a fast one on me.

 

My tenancy agreement does say I'm not allowed to change the locks or prevent access for new tenant visits in the last 2 months of the tenancy though, and they'll charge me if I refuse. I'm not sure if this would be classed as an unfair term, I think it might. This was my old AST agreement though, I've not seen a different agreement since I went onto a periodic one.

[Keyzer Soze]

Thanks all.

 

It seems calling the police is my only option then. It's not really a road I want to go down though, it seems drastic when all I want is some notice.

 

I thought it was more expensive and a professional job to change a lock. I've found an inexpensive lock on ebay for about £6 that will fit the door., and a quick browse on youtube shows it's quite easy to do myself, so I'll do that if it gets worse.

 

I'd be fine with her having access if I can go sooner, but I'm not sure I trust her not to pull a fast one on me.

 

My tenancy agreement does say I'm not allowed to change the locks or prevent access for new tenant visits in the last 2 months of the tenancy though, and they'll charge me if I refuse. I'm not sure if this would be classed as an unfair term, I think it might. This was my old AST agreement though, I've not seen a different agreement since I went onto a periodic one.

 

exactly what is she going to do, evict you? She'd be laughed out of court. It's amazing how many landlords don't understand tenancy law. They think that, because it's their house, they're justified in coming and going as they please. Call the police, if nothing else, it'll educate her.

[scratchyrat]

exactly what is she going to do, evict you? She'd be laughed out of court. It's amazing how many landlords don't understand tenancy law. They think that, because it's their house, they're justified in coming and going as they please. Call the police, if nothing else, it'll educate her.

 

They do, it's ridiculous. You are right, I really should call the police. There's no way she doesn't know the law, and even if she didn't, I've asked her not to until I'm blue in the face. She once told me she couldn't give me notice because she doesn't know when she's going to come round. What a load of rubbish.

 

She can serve me a S21 for any reason as I'm not in a fixed tenancy, but if she did that I'd make her go all the way to court to get me out. I'll be giving notice as soon as the new place is ready, I just don't have a set date for that yet.

[mariner51]

If you take her 'all the way' and she wins, the Court may apply cost of hearing [approx. 400 pounds] against you.