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Legal matters

Landlords turning up without notice

16 replies

Kruckshany · 01/05/2016 21:03

We have two fantastic landlords that we usually have no issue with. Unfortunately they seem blissfully unaware of the written notice of a visit law. It's usually for fair repairs like a boiler service or something. But it leaves me feeling really uncomfortable because I am taking care of the house but they are very house proud and I have a young child so a bit of mess is inevitable. Sometimes they will let me know they are coming and other times not, once (when I was expecting a visit) he let himself in.

Would it be reasonable for me to broach the subject with them? How should I go about it? We are on a rolling one month tenancy now so they can evict on a whim which really makes me think it's just not worth bringing it up.

OP posts:
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VinceNoirLovesHowardMoon · 01/05/2016 21:04

Of course you should bring it up. They don't have to give notice in writing but they do need to phone you and ask if it's ok.

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tribpot · 01/05/2016 21:13

I think it would take more than that to evict a good tenant who paid on time - remember, the loss of rent for a period of time (what landlords call a void) can be very expensive. Not to mention they have to pay fees associated with a new tenant .. all in all, it's better to keep the one you have.

I take it there is no agency, you deal direct with the landlords. I'm guessing this is the house they used to live in, which does often make for nightmare landlords. Mine got v cross that I wasn't keeping 'their' garden in a good enough state and sent their agency round when they thought I was out to inspect - I gave the agency both barrels.

I would write and point out the clause in your contract / the law and say you would appreciate it if they could give you notice and not let themselves in. I wouldn't try and soften it too much, just simple and to the point - if they're going to take offence, let them. It's a lesson in professional landlording that they need to learn before another tenant is less gracious about it.

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Kruckshany · 01/05/2016 22:16

Thank you, we have never been so much as a day late with payment or given them any problems. I don't think they used to live here but they are extremely particular about things. We are a relatively young couple and pretty naive about our rights and we would be completely screwed without this house so I've never wanted to rock the boat.

I will get a letter to them and hopefully that will be problem solved.

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specialsubject · 03/05/2016 14:41

Of course you haven't been late with payments,that is what normal people do.

If you want to stay, why not ask for a fixed term tenancy?

Get informed about your rights, go read the how to rent booklet.

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Joysmum · 04/05/2016 18:33

If you look through your tenancy agreement there should be a clause in there about LL visits for maintenance and inspections.

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PigletJohn · 04/05/2016 18:47

But the tenancy agreement does not take away your legal rights.

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specialsubject · 04/05/2016 19:11

correct. Even if the tenancy agreement said he could let himself in, he can't. Contracts don't override common law.

MN will probably listen to PJ as he has a male username. I am equally correct on this, but have given away that I am female so am not believable.

(posting, again, to piss off those that don't want me to post)

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OurBlanche · 04/05/2016 19:21

Do you rent via an agent? Tell the to get it sorted

Get the How to Rent booklet www.gov.uk/government/uploads/system/uploads/attachment_data/file/496709/How_to_Rent_Jan_16.pdf

Read it. Be reassured. Send the whole thing and the relevant bits noted to your LL

Ask about a Fixed Term Tenancy, if you don't like a rolling contract (though I always liked our rolling one, lived for 10 years with it).

Don't worry abut it! You cold even change the barrel of the locks,. keeping the old one to put back in when you leave. That too is perfectly legal! If your LLs behave legally they will never know... Smile

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PigletJohn · 04/05/2016 19:37
Shock
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OurBlanche · 04/05/2016 19:39

Special is having a bit of a hard time of it on a couple of threads, PJ.

Just smile and move on.... Smile

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Joysmum · 04/05/2016 20:02

Of course the tenancy agreement doesn't take away basic rights. Point is, chances are it's a professionally written document for the LL and will give HIM guidance he can be pointed to to advise him on the protocol you'd agreed to.

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JonSnowsBeardClippings · 04/05/2016 20:10

He shouldn't need to check the tenancy agreement Hmm wtf kind of landlord doesn't know about notice and access laws?
Special, I'm a militant renter anti btler but I always appreciate your knowledgable and helpful posts, even if i don't always agree

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OurBlanche · 04/05/2016 20:21

Of course they shouldn't need to check, but there some LLs out there who have no idea about the changing legalities, online information, support groups, legal beagles that are out there, readily available.

Others just don't care and flout the regs... but if they have been sent them then they cannot claim ignorance. It isn't necessary but might help OP with her issues.

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Joysmum · 05/05/2016 08:46

He shouldn't need to check the tenancy agreement hmm wtf kind of landlord doesn't know about notice and access laws?

Plenty I'd imagine!

Referencing the tenancy agreement is a good way to open dialogue by going do using the terms the LL has given in the tenancy agreement and showing that the tenant isn't being overly difficult.

Whilst the ideal would be that the LL knows his obligations and responsibilities and is adhering to them, that clearly isn't the case here.

So you can take the arsey stance if you'd like, but my proposal is a nod towards human nature and a way of raising with minimal chance of escalation and offense as tenant wants to maintain good relations with the LL and continue to remain in her home. Smile

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pratiaalba · 05/05/2016 08:57

They need to give notice. How hard can it be to text you? Hmm

In defence of PJ- people listen to him because he has a (deserved) reputation on here for providing helpful, timely advice on a whole range of matters relating to properties/repair/diy, often invaluable to inexperienced, worried MNers.
The fact he is a man is neither here nor there.

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PigletJohn · 05/05/2016 10:21

No, I'm a piglet.

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