to think I have the right to live in peace in our rented house?

[FrameyMcFrame]

The landlords (a retired couple) seem to think that renting a house is a retirement project, and they just want to 'pop round' whenever they are bored.

We have given them access for all sorts of spurious reasons, such 'checking that the windows open ok' Getting things out of the garage and most noteably, so that they could pretend to be living in the property to fraudulently obtain free cavity wall insulation for the over 60s.

Recently they had the exterior of the property painted and they wanted to come round to check the job had been done ok (this was yesterday) I was at work at DP lost it with them when they said they wanted to go upstairs in the house again. He couldn't understand why they needed to go upstairs when the work was on the outside of the house.

so he said no... bad idea. Mr Landlord said I'm just going up there anyway you can't stop me, to which DP said yes I can and stood in the way of the stairs (while holdong our 14 month DS)
Mr Landlord got very agressive and said that the bedrooms were 'his bedrooms' and he could do what he wanted in his own home.

DP asked them to leave then, but they refused so he phoned the police. Police said unless theer was a breach of the peace they wouldn't come out.

DP asked them again why they wanted to go upstairs into our rooms, and they said they wanted to check the windows open. DP had opened all the windows anyway so they could see that they were all open from the front of the house.

In the end DP just let them go upstairs as they wouldn't back down.

Are we being unreasonable, wanting to live in peace and quiet without these unnecissary interuptions?

(sorry for long post, thanks for reading if you got this far!)

Have you rented directly from them or through an agent? If through an agent then I would be talking o them about this. Also get onto CAB about your rights as a tenant.

I am sure that someone with more experience will come along.

Legally they must give you 24 hours notice to enter your flat. You can deny access unless it is an emergency (gas leak etc) although you may have a clause in your contract about allwoing access every so many months.

He is completely overstepping the mark and not allowing you 'peaceful enjoyment' of the property. There isn't a lot you can do because if you make a fuss about notice etc (which I think you should do, in writing, quoting relevant bits of the law if you can) they can just serve you notice if they want.

Nightmare.

All of this should be in your contract. A minimum of 24 hours notice for landlord access (ideally 48 in actuality) and peaceful enjoyment of your home. I haven't seen my landlord in more than 2 years, if there's a problem, which is very rare, I call him and we sort it out. I can't imagine him just popping in. I asusme it's a private let, but there should still be a contract in place outlining the suitable behaviour of the landlord. It is his house, but he has no right to call or treat it like his home.

They are overstepping the mark here, I think a nice letter at this stage, saying you understand its their property but for now its your home and that please could they give warning before they come round.

Like MumNW says, but also include the legal paragraph.

you can also get usefull information here

this is why we alway rent via a letting agency and alway ask to be handed all sets of keys.

Thanks for your replies!

We rented from an estate agent but the landlords manage the property, the estate agents were just there to find tennants.

They have given notice in email every time they have come round, it's just the amount of times they want to come round and the fact that the reasons for their visits are not necessary. It says in our contract that they are allowed to come round to carry out essential maintenance but none of it has been essential so far.

We tried not replying to their emails/phone calls as well and then they said they were coming round anyway and would let themselves in with their key!

we had a landlord like this. They are breaking he contract by not allowing you "peaceful enjOyment" of your home unfortunately there is not an awful lot that you can really do. We ended up moving and have vowed only ever to rent properties managed by agencies from then on. I really sympathize with you the stress is caused to not know when you would be able to relax was huge.

I suggest replying and saying ' No I'm sorry it is not convenient for you to visit on X day' and repeat each time they suggest a day. If they say they will let themselves in politely state that unless there is an emergency they cannot do so in the law without your consent, which you do not give for that occasion.

They may get annoyed but then you could suggest a three monthly visit in which all non essential maintenance checks are carried out, with no non-essential visits in between. That's usual, in fact that's the most a landlord should do.

I would also complain to the letting agent - they should still have a responsibility to you.

Even if they manage the proeprty themselves the agent should still be involved somehow.... I would also complain to them. At the very least the agent might have a word in the ear of the landlord.... depending on where you are, no LL is going to want to lose tenants, and they are most emphatically not behaving as they should.

Alterntaively, i guess the option is to move. We moved from rented accommodation because the LL and his family would come and sit all day in the garden of our house.

I'm afraid in this instance the letting agent will have been working on a tenant find only basis and tbh they won't be interested. Did you sign the contract at their office though? If you did, it will be a proper one and should contain all relevant clauses for you to cite the next time your ll tries to gain access.

The law implies a covenant for quiet enjoyment into every letting of land. The covenant for quiet enjoyment is the basic protection that a tenant has against the landlord interfering with the property while it is let.

Breach of that is that covered in the Landlord and Tenant Act 1985.

Whilst your landlord has to give you "reasonable notice" that does not permit him entry if you refuse.

You are not being permitted quiet enjoyment and you are probably feeling that every time you go out he may be there when you get back, or may have been in.

I would put a strongly worded letter into him stating the above and saying that under no circumstances is he to visit without prior consent.

Your Tenancy Agreement may state that you are not permitted to change the locks but I would suggest you do. Provided you change them back before the end of the Tenancy then you are perfectly entitled to do so.

I always suggest that to a tenant anyway, you don't know if the previous tenant still has a key. Yes, they will have had to return all that were given to them but who knows if extra ones were cut?

The other alternative is to move but that is going to be costly.

It sounds to me that nobody has ever actually explained to these landlords what it is to rent out a property and what their rights are.

YANBU that is awful. I know nothing about it legally but when we used to rent our landlord was great and only came round weekly for the rent (it was a long time ago). He was really nice and just grateful to have 'good tenants' as he always said (he had had alot of bad ones!). Sounds like they want all the benefits of renting a house yet not really fulfilling their obligation to let someone live in it. How selfish!

Bang on again BBM!

I think the comment of the LL not understanding their role WRT the property now that it's rented out is exactly what is driving this.

It's not that they are doing this with mal-intention, overkilling with kindness/care more like.

Either way, the right to peaceful enjoyment is sacrosanct, and it must be explained to them that just rocking up whenever they feel like it is not on.

Framey, IME, this situation is unlikely to get any better, once a relationship is marred like this, it rarely recovers. Start looking for a new place, once your current contract is up.

OP ... in which case you need to speak to the Agent. Whilst they were only contracted to find a tenant, the landlord is THEIR client.

They need to be aware of this situation and they need to explain it to them in order that they understand the ramifications of their actions.

Sounds like they are very nosy and want to check out what you are doing in the house

YANBU and I really feel for you.

I'm currently in a court case with my ex-LL - the straw which broke the camel's back was when I was working from home one day in my PJs and him and his friend just walked in! Claimed they were just coming around to check the bathroom - so really and truly if I were not so lazy , I could've been in the shower.

Ski? how did it go in court the other day? Did you get your bump out?

Thanks for all your helpful advice.

BigBadMummy, I'll quote parts of your post in a letter to them, I'm glad they don't have the right to just enter if we refuse them access.

I also think it's a good idea to change the locks.

LittleMissHissyFit, I think you're right about overkilling with kindness. When I said to Mrs Landlady that we had seen more of her than any other landlords we have had over the last 15 years put together she said 'oh well they all must have been bad Landlords, as we are good Landlords' !!!

Imo, good landlords leave you alone and only come out to the property if there is a really good reason.

hello there. I haven't been called in yet as a witness - and I've only got around 5 weeks left so if the judge wants to see me in person he'd better hurry up! I don't actually want to have to go in to court - being pregnant it's not actually a stress I wish to complicate my life with.

OK, so basically all the papers went to the judge on Thursday for what will hopefully be the last time. He was going to make his decision and inform my solicitor - so I guess I'm going to hear Monday at the earliest.

I wouldn't advise changing the locks - I don't thnk that would be legally ok! I shupose you could maybe add one to the inside of your door - like a bolt thing, so you haven't actually changed the locks. Although this wouldn't stop them getting in when you are not there. I have also had similar issues with a landlady who lived right over the road (didn't know this until we moved in), and it never got better, i'm afraid - I would start lookng for a different home.

It IS legal to change the locks, if you can show that the LL has disregard for your right to peaceful enjoyment, or to prevent a breach of it.

Does tend to antagonise LL though, but is legal.

In the eyes of the law, the house is the exclusive property of the TENANT for the duration of the tenancy agreement until such time as it is terminated by notice being served.

The LL may enter the property in the event of an emergency, by court order or with the permission of the tenant. If the tenant doesn't give permission, there is very little the LL can do, except get a court order.

arses, if you put together a letter calmly explaining the issues you are having with their behaviour, informing them of your rights and that you will temporarily change the locks, reinstating them upon leaving, there is very little the LL can do.

They can however serve you with 2m notice at anytime once the initial tenancy period has expired, unless new contracts have been signed. If it's just rolled on past the usual 6m period, it's called a periodic tenancy agreement and the LL has to give 2m notice, the tenant only 1m notice.

arses, do you have notification of your deposit being held in an approved scheme? have you got a landlord safety cert?

How long have you lived there, and what is the status of your tenancy agreement?

skihorse, I bet you wouldn't want to be hauled into court, I hope you hear positive news next week!!!

Framey.... not arses Sorry!!

They are probably unlikely to take notice of a letter from you.

Perhaps a solicitors letter? Laying out the law?

However, do you think they will just give notice to you if they are the petty type?