Landlord Harassment & Coming Round For Repairs When It Does Not Suit ie Shift Work,

[mystic_bertie]

I live in Leicestershire and i rent privately from my landlord, i deal with him directly regarding payments and any maintenance requirements. I have an Assured Shorthold Tenancy. My landlord lives in the house behind me and he has a few properties that he rents, he also has a business locally.

 

I moved in less than a year ago in oct 2016. The property has required quite a few repairs so i guess i wont be his favourite tenant, he has always got things attended to however the tradesman/handyman that are sent to do the repairs are not particularly great.

 

Last week the landlord text me by mistake, he thought he was texting his tradesman friend, he referred to me as XXXXXXX in the text. I appear to have slanty eyes and i was called this name when i was bullied at primary school, you can imagine the offence this has caused me, im white and scottish but this must be a feature bullies like to use to ridicule me.. He tried to make out he was not referring to me, yeah right, he was all apologetic by text but that kind of offence cant be undone.

 

The most recent ongoing problem was reported a few months ago. A leak through the ceiling in the kitchen, this was coming from the bathroom above and the shower was the cause. He sent a young guy round to do the repairs, this involved patchwork and replacing some tiles, trying to cut costs, after that the leak still being there , he has returned and replaced all the titles round the bath with non matching ones and left the rest white, he comes and goes and seems to do other jobs when he is here, a lot of my time has been wasted, even after replacing the tiles and the shower door i still have the same leak. You could not make this up.

 

This so called tradesman has really peeved me off due to times when he did not turn up or he was late, he cancelled 2 bookings and was a couple of hours late on another 2 occasions. So earlier this week this same tradesman text me asking when he could come round, i told him thursday morning, i got no reply, so i text him after 3pm on wednesday to say dont come tomorrow as i was fed up with his lack of communication and not knowing what was happening.

 

The landlord has gave me a letter stating he will be here on Monday morning at 8am with a contractor. He will be carrying out the so called emergency repairs. I dont have a problem with him getting the repairs done. The problem is i work 3 x 12 hour night shifts at the weekend, i finish at 6am. I have told him this and i told him not to come but he is telling me he will be here on Monday morning at 8am. I dont see why i should let him in because this really is unsociable hours for me, i need to sleep until about 12 noon. I told him he can come on Tues Wed or Thurs but he is refusing and he is adamant that he is turning up on Monday morning with this contractor. I know he is giving me plenty of notice for his so called emergency repairs but i really dont want anyone here when i am meant to be sleeping after a 12 hour night shift. I also told him i am using the bath instead and there is no leaks.

 

Any advice on what i should do. I contacted the police, they dont deal with this kind of thing, i contacted CAB but i could not speak to anyone who deals with tenancy rights. I spoke to Shelter via the online webchat, i have posted the script below so you can see what they said, it looks like im not in a strong position to do anything as refusing entry might have repercussions.

 

I have decided i want to move out, so keeping the landlord sweet is not my priority.

 

 

 

 

(16:38:02) Visitor- i need to get tenancy advice.

 

(16:38:15) Shelter- Hello, my name is xxx. Thanks for coming through to us.

(16:38:17) Shelter- Do you want to briefly explain your situation and I'll see if I can help?

 

(16:40:46) Visitor- Yes thanks. I am being harrassed by my landlord regarding an ongoing repair that has been here 3 months. Now he is calling it an emergency, he has given me a letter saying he will be here on monday morning at 8am with a contractor, i have text him to say i will be in bed as i work sunday night shift so asking if he can come tues or wed or thurs, he said no he will be here on monday morning. what can i do .

(16:41:01) Visitor- i am private renting in england

 

(16:41:41) Shelter- I'm sorry to hear about your situation. It must be a very difficult time for you.

(16:41:50) Shelter- Do you know the type of tenancy you have please? Someone is likely to have an assured shorthold tenancy if: * their tenancy started on or after 28th February 1997 and, * they pay less than £100,000 a year in rent to a private landlord who doesn’t live anywhere in the same building, and who doesn’t provide them with services (such as someone coming in to do cooking or cleaning). Does this sound like your situation?

 

(16:41:51) Visitor- thanks xxx

(16:42:26) Visitor- its an assured shorthold tenancy

 

(16:42:55) Shelter- Thanks for confirming that for me.

 

(16:43:25) Visitor- he is giving my notice but he is calling at unsociable hours due to my shifts

(16:43:43) Shelter- Just to clarify, Is it disrepair in the property that is currently being sorted, or is it just improvements to the property?

 

(16:44:39) Visitor- disrepair, the shower leaks water through the kitchen ceieling but i am using the bath to avoid this at the moment

 

(16:45:24) Visitor- I see.

(16:46:28) Shelter- Just for the purpose of the web chat today, are you wanting to know if you have the right to stop the landlord coming at that time of day and if there is any chance it can be rearranged?

 

(16:46:53) Visitor- yes thanks that is what i want

 

(16:47:07) Shelter Thanks for confirming that for me as well.

 

(16:47:23) Visitor- i suggested that he comes any other day tues to thurs but he wont do this

 

(16:47:45) Shelter- Is there any mention of the timescales or procedure that the landlord must follow in your tenancy agreement regarding disrepair?

 

(16:48:56) Visitor- 24 hours notice unless its an emergency

(16:49:23) Visitor- the notice is ok but the hours he wants to turn up at are unsociable hours for me

(16:50:23) Visitor- the repair guy has had many attempts at fixing this including replacing all the tiles but we still have a leak. its been ongoing for 3 months.

 

(16:51:01) Shelter- I see. Normally we would advise to stick to what is written in the agreement because if your refuse entry after the correct notice has been given, the landlord might try to take action against you for breach of tenancy or breach of contract. The difficulty is that assured shorthold tenants have limited rights. For example, they can usually be evicted quite easily (providing the correct legal process is followed), even if they haven't done anything wrong. This is why it's often a good idea to try and keep things as amicable as possible, especially if you want to continue living there.

(16:51:40) Shelter- All tenants have the right to live in their accommodation without being disturbed. They have control over their homes so that landlords and other people cannot freely enter whenever they want to. This is known as the ‘right of quiet enjoyment’ and is an implied obligation. This means tenants have this right whether or not it is written into their agreements.

 

(16:52:47) Visitor- I have decided i want to leave, i dont need this grief and so i dont need to contiue living here, i dont want to create problems but at the same time he is being very unreasonable.

 

(16:52:56) Shelter- But the difficulty with this situation though is because there is disrepair that's been reported. You can exclude the landlord from entering the property if he is just wanting to improve the property but it is different when it is regarding disrepair.

(16:53:28) Shelter- I agree with you from the information you have given me it does appear that he is being unreasonable.

 

(16:53:46) Visitor- the dispute is him turning up when i am sleeping

 

(16:53:57) Shelter- You could contact your local council for help. Many councils have a dedicated tenancy relations officer (TRO) who can often mediate in disputes between private tenants and landlords. A TRO may help mediate between both parties or help explain a tenant's rights to a landlord, either over the phone or in writing.

 

(16:54:27) Visitor-- i know i can leave the keys in the door and refuse him entry but will that cause more problems?

(16:55:31) Visitor- There is not really any time for a third party to get involved, tomorrow is friday and he is coming on monday morning.

 

(16:56:03) Shelter- Possibly it could do. The reason for that is, practically speaking the landlord would have served correct notice to enter and may have had to pay for a contractor to come round at a certain time. If he cannot gain access to sort out the disrepair he might still have to pay the contractor for his time and suffer financial loss.

 

(16:56:26) Visitor- i work 12 hour night shifts, there is no way i can let noisy workmen into my house on monday.

 

(16:56:31) Shelter- This could result in deductions being made from your deposit when you leave or even the landlord starting a money claim against you.

(16:57:52) Shelter- I completely understand your situation and I do agree the landlord could be doing a lot more to make this situation more manageable, but it does seem like he is being difficult and that's why you need to know the steps that he could take against you if it comes to the worst case scenario.

 

(16:58:08) Shelter- I can appreciate this is not the news you’d hoped for and I do wish I could have given you better news.

(16:58:34) Shelter- Is there anything else I can help with today?

 

(16:59:43) Visitor- If we assume he is being unreasonable and im going to refuse his entry, what is my next step. Do i need to reply to his letter officially. He lives in the house behind me so i can put a letter though his post box.

 

(17:01:21) Shelter- Even if he is being unreasonable, he could still be acting within the correct process set out by the contract. It might be worth putting something in writing to him stating the reasons why you want to rearrange. I would also suggest speaking to your local council's tenancy relation officer if he is not willing to budge.

 

(17:01:49) Shelter- I do wish you all the best of luck with resolving your situation and I hope you’re able to get the outcome you need.

 

(17:02:09) Visitor- ok many thanks for your help xxx

 

(17:02:16) Shelter You're welcome. Take care.

 

(17:02:19) Visitor- am i able to save this chat?

 

these are the texts that i got

 

Conversation with Landlord xxx

 

Note! - On Tuesday night i send my landlord this text to say his tradesman had been in touch.

 

 

[15/08/2017 9:22 pm] Me: That guy who cant fix the leak has been in touch asking when he can

 

come and replace the bath panel etc. What is he coming to do . I want to be sure his visits

 

are kept to a minimum and my time being further wasted is kept to a minimum.

 

 

 

Note! - This text sent to my landlord after the tradesman had not replied to me by 3pm

 

regarding repairs on the following day.

 

 

 

 

[16/08/2017 3:07 pm] Me: I have told him to make arrangements through you.

 

 

 

 

 

Note! - These are the texts to my landlord following the letter i received from my landlord.

 

 

[17/08/2017 2:47 pm] Me: I will be just off night shift on monday so its not suitable.

 

Wednesday is ok.

 

 

 

[17/08/2017 2:56 pm] Me: The oven is not working properly it does not heat up to correct

 

temp. Food is undercooked. Fan cuts out too.

 

 

 

[17/08/2017 2:57 pm] Landlord : Sorry. The repair is now urgent and we need access on

 

Monday. The notice given is more than required by us for emergency repairs. We have made

 

several attempts to arrange the work to suit you but this has not worked as you have

 

cancelled prior arrangements. We will attend the property on Monday.

 

 

 

[17/08/2017 3:01 pm] Me: If its urgent then get someone who can fix it first time. How many

 

attempts is needed. I tried to arrange with your contractor but he has not heard of common

 

courtesey and never got back to me.

 

 

 

[17/08/2017 3:02 pm] Me: You can't come on monday i will be sleeping. We will use the bath so

 

no more water will leak.

 

 

 

[17/08/2017 3:18 pm] Landlord : Sorry xxx. We have to repair leak as arranged. We

 

will still be attending the property on Monday. Work will be done as quickly as possible. As

 

per your contract I have given more than the necessary 24 hours notice to carry out repairs.

 

 

 

[17/08/2017 3:21 pm] Me: You are not calling at reasonable time of the day. Tenants rights. I

 

will be sleeping until 12 like a always do i finish at 6am so your request is highly

 

unreasonable. There will be no water dripping. You can come Tuesday if you deem it an

 

emergency.

 

 

 

[17/08/2017 3:22 pm] Me: xxx kids are here and the bathroom is needed regularly. They go

 

on Tuesday

 

 

 

[17/08/2017 3:27 pm] Me: Its bad enough you called me xxx and so i dont needed further

 

stress or harassment. You can come Tuesday Wednesday Thursday next week as these are

 

reasonable days due to my shirt work.

 

 

 

[17/08/2017 3:28 pm] Me: Its taken 3 months so its a bit rich calling it an emergency now.

 

Apply some decency and respect it might work.

 

 

 

[17/08/2017 3:31 pm] Landlord : Make other arrangements I will be there Monday.

 

 

 

[17/08/2017 3:35 pm] Me: You wont be let in. Why are you bullying us. This is meant to be our

 

home but you dont care about that.

 

 

 

[17/08/2017 3:38 pm] Me: Ok your wish is granted. I will find somewhere else to stay.

 

I thought i should do an official reply to his letter, i put it through his letterbox so he will get it tomorrow no doubt. Hopefully i did not do anything wrong.

 

 

Date - 17/08/2017

 

Dear Sir/ Madam

 

I am replying to your notice of repair work letter dated 16/08/17.

 

It is highly inappropriate for you to turn up with your contractor on Monday 21 August at 8am. I work 12 hour night shifts at the weekends, these finish at 6am on Monday 21st August. So as you can see these are very unsociable hours for me. To turn up at this time is highly unacceptable and I deem your demands as unreasonable. Therefore I request that the work is carried out on another day next week, between Tuesday 22nd and Thursday 24th inclusive. I have no idea why you did not ask me if this was a suitable time for me but you failed to do so.

 

I already tried to make direct arrangements with your contractor but he made no attempt to get back to me by 3pm the day before I suggested that he could attend i.e. Thursday 17th August. I don't consider this sufficient notice for knowing what I will or will not be doing on that particular day. A slight bit of courtesy would have been nice but I was left wondering is someone coming to my property tomorrow or not. I don't find this suitable.

 

I also consider this repair as non urgent, I can assure you the shower will not be used until the repairs are done and so there is no urgency required in this repair. This repair has been ongoing for a few months, the contractor has been here quite a few times over the recent months. When he is here he comes and goes between jobs. This is wasting my time. I think my time has been wasted enough so far. Given the fact that original complaint of the faulty tap and the water leaking from the shower are still there, I think it can be considered as non urgent. I think it is reasonable to ask you to come on another day when I wont have just got home from a 12 hour night shift. I believe this is a reasonable request and I hope you agree to arrange the bathroom repairs for another day.

 

I would also like to point out that calling me a XXXXXXX in your text was extremely offensive. I don't know what I did to deserve this type of vile name calling but that was what you called me. I don't accept any of your apologies, I don't accept the pink rose bush you gave to my partner. You deeply offended me. This is harassment. I consider your attempts to gain entry into my house, against my wishes as further harassment.

 

To conclude, I think I have suffered enough hassle, stress, unbelievable amount of time wasted and so on. I would appreciate it if you rearrange your repairs for one of the days I suggested. I wont be letting you into the property on Monday 21st august so please do not antagonise me any further. Please do not cause me further hassle.

 

Regards

[mystic_bertie]

the worry is over no need to reply folks.

[honeybee13]

Can you tell us what happened please, MB? It would be helpful to other Caggers who find themselves in the same position.

 

HB

[45002]

the worry is over no need to reply folks.

 

I suspect reason why you had no replies in the 1st place is

 

Too much texts to read, should have kept it short and sweet...