Landlord told us to take political poster down

[Thedriftofstars]

We live in a nice rented house. Been here for three years, no problems whatsoever. We both work full time, have two DC. Just your average family and have never caused any problems! We take most minor maintenance on ourselves as well. Have yearly inspections from the letting agents, however last week after the inspection the LA told me the LL wanted to come inspect the property for himself.
So when he came round, he explained he wasn't happy with the Labour Party poster we have displayed in our front room window. DH and myself are both active in our local Labour Party, and do a lot of leafleting, etc, so are known by the neighbours as the go to people for involvement with the party.
The landlord said he doesn't want his house being used to promote politics, particularly when it's not something he supports himself.
AIBU to think he has no right to tell us what we can and cannot display when we pay the rent? There is nothing in our tenancy agreement about it, and he is fine with us having photos, paintings and so on hanging on the walls, as well as letting us redecorate to our tastes!

it goes beyond reasonable enjoyment of the house

Can you explain why you think that's the case? I'm genuinely confused as to how a legal act of political expression could be deemed as unreasonable.

I can see where he’s coming from tbh and agree with posters who’ve said about vandalism etc. Where I live people don’t generally publicise their support for specific political parties and, yes, having a poster up like that could result in you getting your windows put in or (in extreme circumstances) burnt out. In those circumstances I would take great exception to a poster being displayed which could risk my property and, as PP’s have said, is unlikely to influence anyone anyway.

So, presumably if you owned a property in your area which you let out you would ensure you had that condition put into the tenancy agreement, craic? But, TBH, it sounds like it wouldn't be much protection - it sounds like you could just as easily get your window smashed because someone didn't like your face.

Can you explain why you think that's the case?

I never said I thought it was the case. I said the Landlord could object on these grounds and legally he may have a point.

A residential tenancy agreement covers the tenant having reasonable enjoyment of the house for residential purposes. It doesn't cover other types of activity. Having a political message on permanent display could be challenged as being outside the terms of a residential AST.

There's a lot of people talking quite a lot of misinformed nonsense on this thread.

• You're tenancy agreement doesn't prevent you from having posters in the window or displaying political posters therefore you are within your rights to do it

• Your LL can ask nicely (which he or she has done) and you can decline nicely

• The LL could have the tenancy agreement re-drawn, at their own cost, at renewal or following any clause in the tenancy agreement that deals with updating the agreement - then it's up to you if you sign up to it or find somewhere else

• The LL could decide not to renew your tenancy, would be a bit silly if you're good tenants but within their rights to do so but you say you can just find somewhere else so that's okay

• Voluntarily storing political leaflets and distributing them does not fall within the definition of running a business

• Whether some people on here think being politically engaged irrespective of whether there is a GE underway is entirely irrelevant

Personally, I would keep the leaflet up because I don't think in principle people in positions of power (landlords) should be trying to suppress political expression of their tenants.

If all landlords did this it would be like going back to the 1900s!

FYI I am a lawyer

I rent out a flat and I know the tenants wouldn't be able to display this as per my tenancy agreement.

Everyone is jumping on the "Tory bastard" etc...but what would the responses be if it was a Tory poster? Personally I wouldn't want ANY political party displayed...I would worry about potential vandalism of the property especially if it were in an area not run by the displayed political party...it will be even more obvious now as it's not in the run up to an election where it is more commonplace to have posters up...

If you like it so much then why don't you put it on your bedroom wall?! Surely you can't see it properly if you're inside...what exactly does it say on it & do you live in a Labour constituency?

FYI I am a lawyer

So am I and you're wrong.

Ha, if lawyers didn't disagree with each other, litigators would have no work to do...

Legally...unless there is a specific clause in the tenancy agreement that deals with this tenants are allowed to express their political persuasion in line with their democratic rights.

Anything else is basically like a LL acting like a 19th Century mill owner would treat its workers (this is taken from a quote from a Parliamentary discussion on the same topic).

@user1465893880

Can you point me in the direction of the relevant legislation or case law?

Or in any way explain why you believe I'm wrong other than just saying 'your wrong'?

@wheresmymojo thank you. This thread is just full of the crazy

If it isn't in the tenancy agreement then he can't enforce it other than by not renewing. But it is a standard clause in many tenancy agreements and I think it is therefore a reasonable request. When you have bought your own house you can paint a portrait of Jeremy Corbyn on the front if you like but normally as a tenant you aren't allowed to change the look of the property.

ooh link please!!!

!I've seen a few cases like this before. There was a fairly well known case in London where a tenant stuck up a Pro-Choice poster on their window when there was a well known anti abortion group operating next door. The same argument was used that the tenant had rights and the tenancy agreement was silent on the issue."

There might not be a clause about posters, but there may well be a clause about not changing the appearance of the house or sticking anything to the walls etc.

However in practice it would not make sense to enforce it legally. What's he going to do, apply for an injunction or damages?! Try and terminate the lease for a breach of contract when it's at the discretion of the notoriously tenant friendly court? Much easier to wait until the end of the tenancy and then tell the tenant to sling his hook and find a different landlord, if he's that bothered.

But people seldom are that bothered when there is a price tag on the principle.

Personally I think political posters are awful, hectoring and lecturing and tacky, and I don't get how anyone could vote for Corbyn - but that's a purely personal view and not legally binding (although I would LOVE it if my views were legally binding!!!). The landlord may have to draw the same conclusion!

Thanks for the info Rebecca. We have actually taken out a rent guarantee policy. The house hadn't been touched for years so we have put in a new kitchen, bathroom, re-plastered, decorated, new flooring etc. It's a four bedroom house so it cost quite a bit to have all that done. It would break my heart if we had someone who didn't respect it and look after it.

user1465893880, it's quite amusing that you accuse wheresmy of 'just saying 'your wrong'' when in fact you're the one who said that.

bye laws in California on the subject:

[http://www.naylornetwork.com/caa-nwl/pdf/Political_Signs_at_Rental_Property.pdf]

similar in UK in 2012:
(pubic sector tenant)

[http://www.bbc.co.uk/news/uk-politics-19642970]

"The local MP, Sherwood's Mark Spencer, has raised the matter in the House of Commons.

It prompted this very robust response from the Communities and Local Government Secretary, Eric Pickles.

Newark and Sherwood Homes received a number of complaints from local residents in Edwinstowe regarding the content of posters
Newark & Sherwood Homes statement

"That seems to me to be treating tenants as some 19th Century mill owner might have treated his workers," he told MPs.

"It is entirely inappropriate that tenants should be refused their democratic right to display a poster. I urge the returning officer to look into the injustice immediately."

come on someone, where's that case?

Fingers crossed you'll be lucky susannah. Most people are decent - it's just that there are some bad apples unfortunately!

so, in the OP's corner we have:

1. Quiet enjoyment implied covenant
2. Human Rights Act
3. Bill of Rights type stuff?
4. No specific contractual obligation

and in the landlord's corner we have

1. other implied covenants as to keeping property in a certain way
2. (if there had been a clause) freedom of contract
3. argument that this contradicts other express covenants eg business use

Can anyone flesh this out beyond the "I'm a lawyer and I'm right" level?

here's some Canadian law on the subject:

s. 54C of our Municipal Elections Act provides that a landlord cannot "prohibit a tenant from displaying election advertising posters on the premises leased by the tenant".

[http://devilsadvocatederek.blogspot.co.uk/2012/10/of-lawn-signs-landlords-and-tenants.html]

ringle re the landlord points:

1. Doesn't that extend only to permanent changes that would affect the landlords ability to rent the property, eg damage to the property or fixtures unapproved by the landlord, rather than "I don't like the colour of your curtains"?

1. A contract cannot diminish a person's rights, so if a landlord included a clause that did so (which this arguably does) it would be unenforceable.

1. I'd be surprised if voluntary political activity could be classified as a business and then suppressed as such.

I am not a lawyer though.

Archery - I didn’t say anything about controlling the neighbours. I am referring to how political (any politics) statement posters can come across to some people.

I personally don’t like seeing them in windows or on posts in the garden etc. If nothing else they are generally made in ugly colours and that’s before you get started on the message the occupier is aiming to present to the passers by. No thanks.

And that's totally fine if you don't like them, OneMoreTune! But it has absolutely no relevance as to whether they should be permitted or not.