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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Landlord and 2 men let themselves in?

182 replies

IHaveAToiletBrush · 10/02/2017 08:06

Ok, we are moving out shortly 28 Feb I gave them notice as we are buying but I still feel they crossed the line. I have had my suspicions that someone was in the house Monday as things had been moved and things taken down off walls like photos etc but I couldn't prove it was them. Yesterday I was home upstairs minding my own business heard men talking downstairs rang dh to do if it was him and no he was still at work. I was about to ring 999 as I thought it was burglars just as I dailed they cheerful burst through bedroom door. They were as shocked as to see me as I was them but they just carried on walking room the house and told me like a child to go wait in the kitchen until they had finished. What are my rights here? What the fuck do I do now, I know it is only 3 weeks left but surely I have the right to feel save in my own home and right now I just don't.

OP posts:
tiggersreturn · 10/02/2017 12:00

Flipthebirdy You can't evict legally without a court order. He won't get one in 3 weeks and anyway has no grounds to do so for changing locks.

Even if the OP had made holes in the wall, this would be something to deal with at inventory time. He has no right to touch anything before.

OP get your dh home too and make sure the police come. You shouldn't have to put up with this.

Foxysoxy01 · 10/02/2017 12:01

Do you think he may come back before your DH and police get there?

If so can you get a friend or neighbour round to sit with you while you wait?

OneWithTheForce · 10/02/2017 12:09

In terms of taking pictures down he was probably angry that you banged holes into the walls.

Hmm he's in the wrong business then if he can't cope with the thought of a few holes in the wall that more than likely would have been fixed before op left. Hope you're not a LL.

Hissy · 10/02/2017 12:12

Flip... Why would you post any of that? it's not what the law says.. at all.

It defies belief why so many people post things they are only guessing at.

The Tenant has a right to Quiet Enjoyment for the duration of their tenancy
This right to Quiet Enjoyment trumps EVERYTHING.

this means - irrespective of what the contract says or doesn't say, the Tenant does not have to allow access for anyone at any time if they don't want to.

Sure the LL can ask, they can give 24 hours or more notice, but if the Tenant doesn't want to allow access there is little the LL can do. They can apply to court, but unless there is a real need, they are unlikely to be successful. This also includes viewings. Tenants don't have to allow them at any time if they don't want to.

Locks - the Tenant can change locks and actually does not have to provide the LL a key. Again the LL can go to court...

The tenant can change the locks and change them back for check out. Nothing the LL can do.

The LL cannot evict the tenant early. Neither can he deduct these costs from the deposit.

Why do I know this? Because I had a Landlady from Hell, who intimidated me and my child, tried to break into my home, tried to give me additional charges that were not included, and had not protected my deposit or got the gas safety cert done.

Shelter helped me enormously with the legal stuff, as did the CAB and experts in Lettings industry.

Original poster
IHaveAToiletBrush · 10/02/2017 12:14

I have rang dh he is on his way home via B&Q, I have also reported the incident to the police and someone will be calling round. I know there is not long left here but I don't know now if I want to stay I think I just want to move out now. I don't think I will be able to relax in this house anymore.

OP posts:
Flipthebirdy · 10/02/2017 12:15

tigersreturn
If you read my post propeeeerrrlllyyy you would see I said 'TRY to evict'. He is clearly not going about things by the book.
I also said there is NO EXCUSE for chucking the pictures away.

TheProblemOfSusan · 10/02/2017 12:18

You poor thing, I'm so glad you've got the police out. Normally stuff like this is a civil matter, I guess, but he's just made it a police one. Start documenting every last bit of this because he's going to be a shit about your deposit, and you will therefore be able to take him to a deposit tribunal and get him properly told.

And the HMRC idea someone had upthread is great too, someone who doesn't know or care for the law in this area may well be dodgy elsewhere.

ohtheholidays · 10/02/2017 12:18

Glad you've rung the Police and your DH now lock yourself in the house and make sure the landlord cant get in,put something heavy against the door if you have to.

Good luck OP I hope the Police deal with your landlord harshly Flowers

Flipthebirdy · 10/02/2017 12:19

Hissy
As I said ASK THE POLICE FOR ADVICE RE: changing the locks. Rights this, rights that...yes, however, if this is unfortunately how the landlord is behaving that what makes you think changing the locks without the police telling the landlord that is what will be done and why, will not just antagonise the landlord and worsen his behaviour further??
I didn't say she cannot change the locks did I?? No. I said if she does the costs are likely to be taken out of her deposit.
How do I know this?? I am a landlord. I would never dream of treating my tenants that way. However, I am giving realistic advice as to not make the matter even worse!

Hissy · 10/02/2017 12:20

OP, if you don't want to live there anymore, that is understandable, however the property is still yours until the end of your contract.

LL perhaps is intimidating you to get the property back sooner so can let sooner, he's not allowed to do this and I would strongly recommend that even if you do vacate that you don't give the property back until the very last moment.

Has this LL gone now? If he is refusing to leave, please call the police again and they WILL make him leave.

pregnantat50 · 10/02/2017 12:21

Its not just assault, its also damage and theft of her belongings to report to the police, her daughters coat, photos and the hoover which he threw out in front of OP..hope things get resolved soon x

OneWithTheForce · 10/02/2017 12:22

Btw, when you report this to the police, report everything That has happened, not just the assault. Report them being in your house the other day and then again when they walked into your bedroom and ordered you to the kitchen. Both times were also illegal entry.

ILoveCheeseMoreThanYou · 10/02/2017 12:25

Wtf?! Total dick!!! AngryAngryAngry

AshesandDust · 10/02/2017 12:27

Don't blame yourself OP, anyone confronted by 3 men in their own bedroom would be scared witless.

This isn't about landlord/tenant anymore - if it ever was - it's criminal.
You need the police to handle it, you and your home have been violated by
this thug and he needs to face the consequences.
Don't answer the door to him if he comes back just ring the police straight away and tell them you are in fear of another physical assault and you're alone.

Hissy · 10/02/2017 12:28

Flip.... your advice is rubbish love.

Your contempt for the tenant is clear. Only an awful LL would ever post "rights this, rights that"

If you knew anything about property and lettings law you would have posted completely differently.

the police are not the ones to ask for advice on locks. They may have insight, but its not guaranteed. They will however make anyone leave a property if they do not have a right to remain in it. In this case a LL does not have a right to remain in a tenanted house if the legal tenant does not permit it.

The matter is being made worse by the behaviour of the LL, who is acting outside the law. That is his choice and the ONLY response the OP can take is to protect herself and her belongings. that is by calling the police and making her HOME secure.

Flipthebirdy · 10/02/2017 12:28

OneWithTheForce
The holes in the walls were not the focus of my post. I was informing the tenant of why he might have done that. Not justifying it.

I ask tenants not to bang holes into the walls. They still do. I take the cost of repairing them out of their deposit. Simple.

DontTouchTheMoustache · 10/02/2017 12:28

Oh God how awful op, I've just finished reading all of your updates!! Absolutely you have been assaulted what an awful man! I hope the police take it seriously.

TheCatsMother99 · 10/02/2017 12:30

Just read the update about the wheely bin ShockAngry

I'm so glad you're getting out of there. If you haven't already, definitely report all of this to the police.

I wish there was a way to warn the new tenants but I can't think how.

reuset · 10/02/2017 12:30

This is atrocious. You need to phone the police.

OneWithTheForce · 10/02/2017 12:31

Oh fuck you are a LL and one of those ones to boot! Hmm

Tiredmumno1 · 10/02/2017 12:31

Really hope you are ok OP, and he hasn't come back. Lock yourself in until someone arrives. If he does come back in the meantime call 999.

OneWithTheForce · 10/02/2017 12:31

I was informing the tenant of why he might have done that. Not justifying it.

And yes, you were offering justification for his actions.

reuset · 10/02/2017 12:34

If you keep your key in the door, OP, can you turn it to the side so that it can't be pushed out by a key from the other side? Try that if possible.

Pigflewpast · 10/02/2017 12:39

I never understand LL saying you can't put pictures up. How the hell are you meant to live with no pictures to make a house a home. Ok no shelves etc without asking permission but really, a picture hook? And taking the money to repair them out of deposit, a tiny amount of filler and splodge of paint? And yes I am a LL

Morphene · 10/02/2017 12:40

Gosh I hope you are okay OP that sounds terrible.