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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To refuse my landlord entry/ to also ask how much notice do I need to give before I leave?

17 replies

ThisCharmingmamm · 12/12/2018 08:30

After a series of unfortunate luck this year I lost my job and then my father who was helping me with rent payments also passed away. I continued muddling together and managed to pay my rent but in October I had insufficient funds in my account and the rent did not go out (I didn't realise) I had also had my phone stolen so LL couldn't contact me AND I couldn't access my e-mail (nightmare and my own stupid fault) LL sent me a letter and I paid the missed rent.

I then rang LL to explain the situation. They were completely and utterly unsympathetic and explained they now wanted to inspect the property. The thing is I'm planning on leaving before my next rent payment (first week of jan) and I really don't want to have to see LL after the phone call (this probably sounds silly and childish but I'm just having an incredibly hard time right now and I don't want to have to deal with an LL visit.)

Aibu to refuse entry until I leave the property?

OP posts:
LilMy33 · 12/12/2018 08:42

You’re meant to give one months notice of wanting to leave the property usually. Did you sign a tenancy agreement? It will all be detailed in there.

WerewolfNumber1 · 12/12/2018 08:50

As long as your tenancy continues you are entitled to “quiet enjoyment” of the property. That means the landlord cannot enter without your permission, even if it says in the tenancy document that they can.

So you can refuse an inspection, just say it’s not convenient and you do not give permission.

Your tenancy document should specify how much notice you need to give. If you leave without that notice the landlord will probably be able to keep some of your deposit to cover the rent you should have paid in the notice period.

Didntwanttochangemyname · 12/12/2018 08:52

I'm sorry you've had a tough year, but you need to deal with this like a grown up. You didn't pay your rent on time, didn't communicate with your LL and became (unintentionally) evasive, therefor your LL is understandably concerned for their property.
Also, if you are planning to leave in Jan, have you given notice yet? The last amount of notice you are likely able to give is about 4 weeks.... Check your contract!

Boomboomboomboom · 12/12/2018 08:53

If you are still in your fixed term (If you have one) you may not be able to serve notice early and will be liable to pay rent to the end of the fixed term. Did you for example sign a 6 or 12 month tenancy?
If you are a periodic tenant and pay monthly, a months notice is sufficient but you will need to check the tenancy as it is likely to have conditions- e.g. notice must end on a certain day etc.
Your agreement is also likely to have access provisions. You could ignore these but they're potentially enforceable in the county court if your LL made an application, the costs of which you are also likely to have to pay.

On the other hand if you cannot pay your rent your landlord may agree to let you go early. You need to be honest with them and see what you can negotiate. If the property is in good condition they may let you use some of your deposit to cover rent arrears.

Mouikey · 12/12/2018 08:55

This will sound harsh, but I would want to do the same in you LLs position. Whilst you have had terrible luck, to be honest a phone call to the agent or LL would have been in order before October. You’re now in a position where you haven’t paid, probably trying to pack up and want to leave without giving notice.

Bad luck aside you need to communicate with your LL because if you haven’t paid for at least 2 months you’ll end up going through court when he/she tries to claw back their money. Yes it will be difficult, yes you have to take your head out of the sand, but sadly you now need to step up otherwise it will just get worse.

ThisCharmingmamm · 12/12/2018 08:56

All my rent is covered now just to be clear, and I am no longer in a fixed term

OP posts:
Truckingonandon · 12/12/2018 09:00

If you don't give proper notice, they will keep your deposit in lieu of this and quite right too.

ThisCharmingmamm · 12/12/2018 09:02

Also would just like to add we haven't had heat in the house for 3 months !!

OP posts:
barrelohflaughs · 12/12/2018 09:02

You need to give one months notice in writing and it can be from any date. So if you were to give your month notice today, your last day in the property would be the 11th January but you'd have to pay the daily rent from the 1st Jan to the 11th.

barrelohflaughs · 12/12/2018 09:03

or whatever your rent due date is until the 11th Jan.

Jubba · 12/12/2018 09:05

Even rolling contracts require one mo th. just remember that when you up and leave with no notice. He will be able to keep some of your deposit

Requiring ll to inspect the house. He has to only give 24 hrs notice. But cannot demand entry.

Jubba · 12/12/2018 09:05

Even with no heat in the house. They can keep deposit for rent

Jubba · 12/12/2018 09:06

If you have no heat in the house. Wouldn’t it be to your benefit to let the ok sort this out and have a quick look as to why?!?

bigdecisionstomake · 12/12/2018 09:08

First thing to do is check your tenancy agreement. If you are still within the initial fixed term then you can't give notice until that expires (although you could try to negotiate early release due to financial hardship). You can however leave at the end of the fixed term without giving notice although in practice your landlord is likely to contact you to ask your intentions anyway. If your fixed term has expired and you are on a periodic tenancy then you need to give one months notice, to co-incide with your rent payment date, so if you pay your rent on 5th of each month say you need to give notice by the 5th of the previous month at the very latest. If you're doing that in writing (always preferable) allow at least two working days on top for delivery.

I suspect the landlord has had a bit of a shock with you not paying then not being able to get hold of you. This may be why they've asked for the inspection. You are entitled to quiet enjoyment of the property so don't have to agree to this and in your shoes, if you will be leaving anyway, I probably wouldn't agree. They can't enter without your permission and are breaking the law if they do so, even if they have given 24 hours notice but you have responded to say you don't give permission for them to enter.

If you might need a reference from them for future accommodation it would be worth making sure you communicate with them regularly ongoing, even if that is to politely refuse the inspection. In my experience landlords tend to panic when the tenant avoids talking to them when any problems arise so it is better to keep a polite but brief and to the point avenue of communication open with them if at all possible.

Bombardier25966 · 12/12/2018 09:08

What's happening with the heating issue? If you won't allow access that's not going to get sorted either.

ThisCharmingmamm · 12/12/2018 09:09

@Jubba

Sent someone to look at the boiler, the electrics tripped and the engineer said it was dangerous to put the heat on, I told the landlord the engineer said we need an electrician in order to fix the heating LL told me that the electrician who originally inspected the house before I moved in said there was no problem with it and I never heard off LL again, so I'd really rather just leave!

OP posts:
NotANotMan · 12/12/2018 09:10

Serve notice now and give the date you intend to vacate. You should be giving a full month notice but if you can't afford the rent the landlord may agree to waive the notice period to get you out sooner (getting you out is better than you occupying the property for another month without paying)
Be honest with them. They can't force you out any sooner than you are ready to leave and they can't enter the house without your agreement

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