workmen have been in my flat without my knowing

[Auntieaunt]

I rent a flat from a private landlord.

I'm absolutely fuming and more shaking with the feeling of disgust.

I've just checked my voicemail and I've had a message left essentially saying 'im coming over tomorrow to finish off 'x' so don't be worried if you find things different when you return from work'.

This isn't the first time I've found the landlord just letting herself in with 'i did try to call' (she has a withheld number).

The day the workman let himself in I had left my clothes on the bathroom floor as I was running late for work. The house is a serious mess as I'm working 14 hour days with travelling.

The reason I pay nearly 50% of my wages on rent is because I want privacy.

I know the landlord has to ask permission but surely leaving a message either the day beforehand isn't acceptable? What are the actual laws?

I don't know the exact laws but she's definitely breaking them!

Ive actually been thinking I've been going crazy (probs due to the lack of sleep) as I knew some things had been moved. I knew I wouldn't just leave underwear in the hallway (guess he didn't want to kneel on them in the bathroom).

Surely it should be more than 24 hours notice.. surely I have to agree not just have some half arsed communication.

YANBU

you should be given at least 24 hours notice and you can refuse permission (although it’s usually in your interest to allow repairs and reasonable inspections)

The only time that wouldn’t apply is an emergency like gas leak or flood.

A landlord has the right to enter to inspect and carry out repairs. She is legally required to give you 24 hours notice. That is all the law requires. Personally, I try very hard to have workmen liaise with a tenant to arrange a convenient time when they can be present. Some tenants are ok with not being there but I always aim for that. Covers my back also if there are any issues or anything missing. I would ask her if she would arrange future visits when you are there if at all possible. Communication and courtesy are key on both sides

No that's not acceptable.

Are they emergency works?

Speak to Shelter and they'll give you the exact wording to give your LL. And fwiw one of my tenants changed the locks (just the barrels so they could be changed back when she left) and although I didn't mind because of her situation I did get advice out of a "what would be the position if this had been done for bad reasons from my pov?" as I'd never thought of it before and I was told it would be tough basically.

When you say she has a withheld number does that mean she has been trying to get in contact with you and you ignore it? Because that makes you unreasonble.

A landlord has the right to enter to inspect and carry out repairs. She is legally required to give you 24 hours notice. That is all the law requires.

That's not correct. Landlord has no such rights except with the consent of the tenant. The tenant (assuming in England on an AST) has the legal right to quiet enjoyment of her property which trumps any contractual rights the landlord might think she has. She can enter only with the tenant's consent (which is different to lack of objection) except in very limited circumstances (i.e gas leak, fire).

If OP does not want to answer the phone, she doesn't have to and consent cannot be assumed in the absence of objection.

You should have a number that you can ring your landlord on. A tenant has no right to change the locks this is in violation of the tenancy agreement

A withheld number doesn't make me see the urgency to check my messages i.e. if I was to see her number I'd call her straight back on a Sunday. If not I presume it's a client and I'd wait until the working week starts. She also knows I prefer contact via text which she now does (i.e. I've received a text saying I called last night, and Andrew will be over in the next hour or so).

I just feel if it's general maintenance things from things that werent quite completed when I lived in I should be getting proper notice.

Fair enough. Can you broach this with her and tell her its a violation of your privacy? Im not sure who you cn go to if she ignores this.

A tenant has no right to change the locks this is in violation of the tenancy agreement

WRONG.

Why would you post this?

A landlord has the right to enter to inspect and carry out repairs.

WRONG

NOBODY has the right to enter YOUR HOME unless YOU EXPRESSLY GIVE PERMISSION. Your right to Quiet Enjoyment can not be taken away by any tenancy agreement and if you say NO to a visit/inspection/access, that is it. the last word.

You CAN change the locks and NO you don't have to give a LL the key, but you do have to reinstate the locks when you leave or the LL can get a locksmith and charge you for the new locks.

I have done this, I have sought extensive legal advice and from Shelter, trust me, what i have posted IS correct.

Get the locks changed today/this week and inform the LL that there will be no visits/repairs/inspections unless you expressly give permission - you will only do so in writing/email. If she doesn't have an email with your consent, she doesn't enter your home.

Sorry that last paragraph was meant to say something long the lines of:

The things the landlord is getting fixed/changed aren't urgent they're small errors from the previous workmen - the thing that was fixed was something I didn't even notice.

I'm embarrassed of my flat as it's my first, I'm slowly buying furniture/storage whilst working all hours. Even months later I'm living out of boxes and to be honest I'm going to have to move after the tenancy as the LL misinformed me about the parking permits. She said I could just buy one but the application process is only open at certain times as it's more of a potluck - another reason why I don't have furniture as my car is parked over a mile away.

@Hissy my contract states that I cannot change the locks without the knowledge and permission of the landlord. Surely if that's also in the OP's rental contract then changing the locks does break the tenancy?

I've had a similar issue before, my landlord kept on letting himself in with no warning and we were told by Shelter that we had to have the landlords permission to change the locks, which he wouldn't give unless we gave him the new key.

my contract states that I cannot change the locks without the knowledge and permission of the landlord. Surely if that's also in the OP's rental contract then changing the locks does break the tenancy?

Clauses in a rental contract can't override law.

For example lots of LL's put it in the tenancy agreement that the electricity or gas supplier (or meter) can't be changed, but that's not an enforcable clause as it's nothing to do with the LL who the tenant chooses to supply them.

I went on a course thingy and the trainer said some clauses are as enforcable as the LL putting in "Tenant must provide LL with a hot meal every Wednesday at 5pm".

This is very interesting

This is indeed interesting. DH and i have just come out of renting (thank god) after 5 years of the ''Not allowed to change electric supplier'' thing.

I knew it must have been bollocks! Too late now

@lalalalyra that really is interesting, thank you.

We also had a clause where we couldn't change our gas supplier and it was a bloody expensive one at that - wish I'd known now.

OP, I'd change the locks.

Clauses in a rental contract can't override law. ect

How come all this stuff isn't more widely known? I'm a reasonably intelligent person and i just didn't know. I took the contract as gospel. Such a large proportion of the population are in private rental. Tenants REAL rights are not common knowledge! This should change.

(and don't start me on Letting Agents!)

They should never under any circumstances let themselves into the property. If they knock and your not there they should leave not open the door. I would ring the police I don't care if it's dramatic

Surely an answerphone message doesn’t count as giving notice. What if you were away for a week?

wrong in so many ways

@WhenISnappedAndFarted Gas supplies are a contract between the bill payer (the tenant) and the company. It's absolutely nothing to do with the LL. Lots prefer key meters as they are paranoid about tenants running up bills and not paying them, but as long as they keep themselves right with readings and notifiying the company (and it's not difficult to track down a supplier) of dates it's not an issue.

How come all this stuff isn't more widely known? I'm a reasonably intelligent person and i just didn't know. I took the contract as gospel. Such a large proportion of the population are in private rental. Tenants REAL rights are not common knowledge! This should change.

Some people will probably roll their eyes at this as I am a LL, but I genuinely believe it's not better known as the bigger LL's (the ones with shit loads of properties - usually relatively wealthy people) don't want tenants to know them.

Also tenants often don't take any time to find out their rights. I'm always amazed by how little tenants often know about my responsibilities to them, and their rights in terms of eviction etc. It's easy to see why shit/unscrupulous LLs get away with all sorts.