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AIBU?

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She just let herself in my house ...aibu to think that's illegal?

82 replies

ozonelayer · 13/12/2018 12:46

My housing officer is a pain in the ...
Every other week she's knocking about something ..keep garden tidier (it's fine ) etc etc.
I seen her car at the top of road earlier and 20 mins ago there was a knock.
I'm sat eating my dinner and she just knocks again and opens the door.
My own stupid fault as the parcel guy came earlier and carrying the heavy box forgot to go back to lock it.
That's not right surely ?

OP posts:
ElsieCat · 13/12/2018 14:35

She is always on my case,I can't control the wind blowing things In my garden.

This really does suggest that you are slow at removing it and there is starting to be an unsightly build up.

DarlingNikita · 13/12/2018 14:36

Elsie, give it up, will you? The OP has given an explanation about the rubbish.

OP, write formally to her management. She can't just walk into your house.

ElsieCat · 13/12/2018 14:37

Unless she's just a complete control freak making unrealistic demands, in which case report her and let the matter be investigated. If she's a Little Hitler who doesn't observe tenants' rights and boundaries, yI'm sure you won't be the only one complaining.

icannotremember · 13/12/2018 14:40

She is always on my case,I can't control the wind blowing things In my garden.

This really does suggest that you are slow at removing it and there is starting to be an unsightly build up.

No, it doesn't. Confused

ElsieCat · 13/12/2018 14:43

I was taken aback I just said I didn't hear the door.
She wanted to come for my yearly inspection.

Had the HA given you sufficient written notice of this, or phoned you to let you know to expect them?

MacarenaFerreiro · 13/12/2018 14:45

Keep the garden tidy blah blah sounds like she's on a power trip to me. The petty bitch

Or it could be that the OP is the tenant from hell, whose garden is piled high with fridges or sofas.

You have no way of knowing.

Craft1905 · 13/12/2018 14:45

To answer the question, it is not illegal to enter a property thru an unlocked or open door, if you have no intention of committing a crime.

Which is a little different form a housing officer walking into the homes of her tenants uninvited.Context being important! When was the last time you walked into someone's house just to check they weren't dying?

The question was asked if it's illegal. It isn't. If you think it is, please educate us all as to what offence you would charge her with?

elfycat · 13/12/2018 14:47

ElsieCat I live in an owned house and I hardly ever sort out the rubbish in my front flower bed, it blows in... it blows out again eventually. No one ever comments on the nature reserve state of the front of my house, because it's none of their business.

Here of course there may be stipulations about keeping things tidy, but still you can't be expected to sort it every day. That's not usual, unless you're Hyacinth Bucket's DH. After a particularly windy day everything looks a mess, and it's that time of year.

But what will certainly be stipulated is that people have the right to live without harassment from the landlord, housing association or private. That's stipulated in law; and it is certain that even if the 'rule' on being tidy is being pushed, the rule on harassment is being thoroughly trampled with hobnail boots.

lalalalyra · 13/12/2018 14:48

It doesn't actually matter if the OP's garden is piled high with rubbish or her house was a riot - the housing officer should not just be letting herself in.

Absolutely I'd get onto her boss about this. It's ridiculous that someone just lets themselves into someone's home.

randomchap · 13/12/2018 14:53

It's absolutely unacceptable for her to enter your home without any notice. You have the right to enjoy your home without people letting themselves in.

From here

Local authority housing officers
Local authority housing officers can enter for various reasons, such as to enforce a compulsory purchase order, enforce notices to repair or demolish, or to inspect housing conditions. Housing officers need written authority and must give 24 hours’ notice. It is a criminal offence to get in their way.

If you had not given her 24 hours notice then you should be raising a formal complaint.

Theoryofmould · 13/12/2018 14:57

randomchap that says housing conditions, by that I'm assuming unsafe conditions and not for an inspection because she's come to the end of her year on a starter tenancy.

Dagnabit · 13/12/2018 15:00

I work for a HA, currently seconded but in my normal post, I undertake annual inspections. We work with a 48 hour notice rule but in reality, if the tenant is happy to see you that day then great, or if they have a lot on and want to delay by a couple of weeks then that's no biggie... I'd rather they be comfortable with it and have a chance to tidy up if they want to.

With regards to knocking then entering without permission - no way would I do that but there has been occasion when an elderly or disabled tenant has called for me to enter but I'm not 100% sure that they have! In those cases, i gingerly open the door and shout if they want me to come in Grin

Craft1905 · 13/12/2018 15:01

Everyone on here saying it's unacceptable, not on, disgraceful, rude, invasion of privacy etc. That may be true, but it's not what the OP asked.

Thread title...AIBU to think it's illegal. Yes, you YABU, because it's not illegal.

Prestonsflowers · 13/12/2018 15:02

@CaMePlaitPas

thank you

randomchap · 13/12/2018 15:02

Theoryofmould, I'm not sure whether it means unsafe conditions or for an inspection, I just googled the problem and that came up.

It's a moot point anyway as 24 hours notice was not given.

Justaboy · 13/12/2018 15:05

Umm.. question. Don't you have some sort of latch or smilar where someone can't just come in at anytime, it could be a miscreant like a burgler next time!

You can't just walk into my manor it takes a thing called a key!.

ozonelayer · 13/12/2018 15:05

Current state of garden
No fridge /sofa /rubbish etc
Deffo not tenant from hell
Make no noise
She's just a pain in the arse

She just let herself in my house ...aibu to think that's illegal?
OP posts:
redandyellowandpinkandgreen99 · 13/12/2018 15:06

To answer the question, it is not illegal to enter a property thru an unlocked or open door, if you have no intention of committing a crime.

Bollocks.

www.dmlp.org/book/export/html/1244

You have a right to access property that is open to the general public.

Not all property owned by the government is accessible by the public.

You do not have the right to enter private property without the owner's permission.

Access to Private Property

You may wish to access another's private property in order to gatherinformation to publish online. However, while there are (rare)circumstances in which the law will condone your entry onto privateproperty without permission, in general you do not have any right to enter the private property of others without their consent. You should read this section in conjunction with the section on Trespass in order to understand the issue of consent.

randomchap · 13/12/2018 15:07

A bit more googling and the OP is is not being unreasonable. It's in breach of Section 11 of the Landlord And Tenant Act 1985

Landlords and letting agents have a reasonable right of entry after using the correct notice
While tenants hold the ultimate authority to control the access of their home, landlords also have a right to enter, as they need access to uphold their responsibilities for repairs and maintenance and scheduled inspections.

Section 11 from the Landlord And Tenant Act 1985 states:

In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.

This means that unless your landlord or their letting agent has served you with at least 24h notice before they want to come visit, you’re under no obligation to accommodate their wishes and can arbitrarily sever their access to the property.

www.thetenantsvoice.co.uk/advice_from_us/landlord-access/#landlords_and_letting_agents_have_a_reasonable_right_of_entry_after_using_the_correct_notice

loubluee · 13/12/2018 15:09

Never had an inspection in the 4 years I’ve been here.......

RCohle · 13/12/2018 15:17

I imagine the housing officer is acting as the representative of the LA as the landlord and as such has to comply with the notice provisions of the Landlord and Tenant Act 1985.

anniehm · 13/12/2018 15:17

Rubbish blows into my garden, I clear maybe once a month (unless it's autumn leaf season then it's 3 times a week due to very big council owned trees!)

CuriousaboutSamphire · 13/12/2018 15:18

Craft You are asking the same question again and I think I answered it... the law gives people who rent the right to quiet enjoyment of their property and any LL or their agent who enters a tenant's home with express permission is not allowing them that.

So, along with trespass they would be breaking the rules/regulations around renting. Neither may be arrestable offences n and of themselves, but are still breaking laws and pen to penalty, usually financial, for the tenancy ones, if/when there is a deposit dispute.

I have to know such stuff, I am an inventory clerk and walk into people's homes on a daily basis, with and without them being present.

If the HO let herself in for any inspection, in the absence of emergency or other compulsory notice, she was in breach of Section 11 of the Landlord And Tenant Act 1985.

donajimena · 13/12/2018 15:18

You are being harassed. I remember your last thread elsie on the other hand is looking down her nose on social housing tenants as they are clearly incapable of maintaining a decent home

Flynnshine · 13/12/2018 15:27

I wish my neighbours HA was as on top of things as yours is.

I have to live next door to utter squalor and no one at their HA gives a hoot!

Bags of cat poo and a litter tray full of sh*t on the doorstep. Months and months of rubbish bags building up in the front garden (now there are so many they are starting a new pile in the back garden) along with two mattresses and a bed base (which the dog is using as a toilet)
They chuck their rubbish out of the window - if it lands in the bin the bin men take it. If it doesn't, it sits there, for months.

You need to send your HA my way and I will show them what a poorly looked after house looks like. You should complain though - she has no right to walk into your home without your permission. Although she could always say she thought she heard you say "Come in". It will be your word against hers and I don't fancy your chances unfortunately :-(

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