Landlord entered flat without permission to do work, weren’t even told they had been!

[MovingDDay]

Taken on a new flat, took keys and left stuff there. Went to move in and found there are new pipes laid above the skirting board across the living room. The landlord has illegally entered, done work and not told us they had been in or done work. Where do we stand legally that the landlord has broken in, not allowed peaceful occupation and not told us of work that had been done? We have photos of the day we took the key and the day we moved in, very obvious someone has been in. Also before that asking if someone had been in as the toilet had been used and causing us to feel we were going crazy.

Are they going to let themselves in any time they want and we don’t answer the door? They also used the toilet and didn’t flush it.

Reading up it says it is trespass and can be prosecuted for doing so? How do we get them to just not do this again and as a minimum change the locks? Are we allowed to change the locks ourselves so the landlord can’t gain access again without permission so don’t always live in fear of going out?

I think the waters may have been muddied slightly here as you had some of your stuff in there but hadn't actually moved in.

Did they know that you hadn't properly moved in yet?
Had you officially started the tenancy?
Was it work you were aware of but just dind't have a date time for?

Giving the benifit of the doubt I'd be tempted it put it down to crossed wires and a workman going in to get necassary works done before you're fully move in - although they really should be flushing the loo!

When this happened to me many years ago, I raised hell. From memory, I called and complained then emailed again immediately after to formally complain and to make it clear that if they ever came into the property without notifying me with at least 24 hours again I would be taking legal action against them.

I have to admit though, I don't know what legal action I'd have taken - but I definitely would have. But I did point out that I was a single woman, living alone, and that strange workmen letting themselves into my flat was completely unacceptable. I think I put the fear of god into the estate agents who were managing the property.

How do you know that what the Landlord has done is illegal? Has someone properly qualified told you this?
I am not saying its not but I would suggest throwing that term around is unwise before you check your facts. I would also suggest that saying they had "broken in" may not be a good idea.
You ARE entitled to quite enjoyment of your property and you should be informed of any access by your LL before it happens (you should actually be asked in fact) but as you hadn't moved in I would think you would be pushing it to argue your quite enjoyment had been breeched.
I would also suggest that (depending on your contract) you may be living there for a while and so good relations with your LL are a preferable.
Of course taking any illegal actions from them lying down isn't a good idea but neither is your level of outrage.

It is illegal for a landlord to enter a property that is rented out except in an emergency. Assuming that OP had signed a tenancy agreement from the date she collected her keys and moved her stuff in, then no, the landlord had no right to attend the property without prior warning.

It is ENTIRELY possible this was a mistake - that work had been ongoing, hadn't been completed by the time the tenancy started and the people doing the work didn't know that and entered as usual and/or the managing agents simply forgot to mention it. Nonetheless, yes, it IS illegal and should not have been done.

Do you know why someone went in without informing you? That would be my first question to them - along with a confirmation that you've now moved in and a reminder of your rights. I wouldn't be threatening legal action at this stage, if that's what you were planning to do.

@Hoppinggreen entering a flat without giving 24hours notice or even trying to ask permission first. They didn’t even let anyone know after they had been in and done work.
@BillStickersWillBeProsocuted yes had signed/started paying/took keys and started moving stuff in. Doesn’t matter if they thought ere living there or not, they entered when legally not allowed and didn’t let anyone know they had done work.
No work was outstanding. No contact ti ask to do work.

We are landlords. We have to give 24hrs notice if we want entry. Rather than getting off on a bad footing, maybe explain this to them and that in future you require notice prior to any entry. They of course should know this, but 'politely yet firmly' may work better longer term if you need their assistance such as a broken boiler etc. Always better to be on good terms.

Waters certainly are not muddied if the tenancy has been signed and keys exchanged. It's neither here nor there whether the tenant is fully moved in.

They didn’t know if the flat was occupied or not until they had opened the door with a key and gone in. They are not first time landlords, they have multiple properties. How do you tell them not to come in without 24hours notice when they already Hindi this and have done and altered the flat from when you took the keys and not let you in? As well as using the toilet and making you feel crazy that someone has been in your flat as you wouldn’t not flush the toilet/use it dirty and no one has told you that have been In?

What you do is you remain calm and tell the LL (or Agent) that they have not acted according to the contract and the law.
You clearly without drama or hysterics explain that the law and your contract do not allow for this and there must be no repeat.
Then you forget it and move on.

Just write a note to the agent/landlord saying that you want 24hrs notice before anyone accesses the property for repairs in the future as per the lease agreement. Say you are unhappy that this didn’t happen on this occasion and want a positive tenant/relationship in the future so you do not want a repeat of this in the future.

Calm down OP. It was likely tradesmen that had no idea you had started to move in.

A simple email or phone call to the LL to let them know what has happened and that you don't want anyone else to enter is all you need to do. There is no need to cause such drama.

It is their flat. I don't think they have to give notice. Definitely don't when it is supported accommodation.

I have a shitty agent who push their luck with stuff like this all the time, and I'm the first to call them out for it and cite the relevant legalese.

That said, in this instance you need to be calm but firm, but also subtly indicate that you're aware of your rights.

So something like, 'I've seen someone has been in and done some additional work. I wasn't aware anyone needed entry today. I'm sure it was a miscommunication but in future please ensure I am given the required notice.'

Notice I didn't say 'legally required notice'. If he's a dodgy landlord, you want to know now - so he will interpret what I said in his own way and show himself.

Then I'd get a cheap camera (Tapo are good - 20-30 quid + memory card) and set it up inside the entrance facing the front door. Set it to record on motion sensor to put your mind at ease that if anyone comes in while you're out, you'll know. You can pay monthly for cloud storage so if they notice the camera and unplug it/remove it/take the memory card, it'll already be on the cloud.

It's probably nothing but I did this after I came home one day and found a McDonalds sweet and sour dip on my kitchen floor. The kitchen was clean and the floor clear when I left, and I haven't had McDonalds in about 5 years, so knew someone had been in without permission. Turned out it wasn't the first, or the last time...

No, they shouldn’t have gone in but likely a mistake. Check it out calmly to ensure it won’t happen again. This is a small incident in the scheme of things. No need to be talking about prosecution etc.

Nonsense. And don't buy the bullshit about they have to inform you...no. They need your express permission to enter at any time from the first month the tenancy.
Lots of contracts will say they can enter with notice ..they can't.

It doesn't matter. They have no right to enter. They absolutely HAVE to give notice unless it is an emergency (gas leak, flood, fire etc). Supported accommodation is an entirely different thing.

Incorrect

They DO need to give notice unless its an emergency, that is not what I was saying.
I was that OP needs to work out how to move forward with this LL given that they will presumably be living there for some time and while the LL needs to know their actions are illegal and unacceptable I was suggesting that it would be better to be calm.
And as someone who deals with this professionally I can assure you nothing I say here is nonsense.

They do have the right to enter without permission in an emergency, eg smoke, smell of gas, water flowing, suspected injury etc.

Also certain maintenance, gas inspections etc are mandatory. So if the tenant continually refuses access (having been notified in advance) they may end up being given notice to leave in those cases.
Tenants do need to give landlords permission to enter for good reasons.

Just call and/or email and tell them this happened. You'll accept it was a mistake as it was just after you took possession of the property but you want to ensure it will never happen again. That's it.

Sounds like they were waiting for a part, much better for it to b fixed b4 u move in. No idea y u r making such as fuss, are u standing illegal items, as someone local posted the same and they were later arrested and are in prison.

Are we allowed to change the locks ourselves so the landlord can’t gain access again without permission so don’t always live in fear of going out?

No.
The landlord has the right to access without permission in an emergency.

You need to check the tenancy agreement. If it doesn;t explicitly say you can't change the locks then you are free to do so as long as no damage is caused and you replace the original locks at the end of the tenancy.