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Tenant has changed locks, gone away and left lights on.

263 replies

Brightonhome · 08/02/2017 12:59

New tenant is two months in to a six month let (to be extended after 6 months) No issues before, although he does have a weird habit of leaving all the lights on all the time (the property we let to him is visible from our house). He has a regular job, and it's his electricity bill, but I still find it a bit odd. He has been away for at least a couple of weeks now with all the lights still on. I sent him a nice text asking him if he would mind me going in and turning the lights off (concerned about overheating / electrical problem) I waited for two days with no answer. I then went over there, thinking he may be ill, to discover he has changed the locks (as is his right) but without telling me. As the owner of the property, I feel a bit uneasy about this. Don't I have the right to a set of keys? I would never enter the property without the tenant's consent, but in the case of an emergency, there is nothing I can do without keys. Not sure what to do now re lights. Am I being overly cautious and worried over nothing? I've been letting this property for six years (two different tenants in that time) with absolutely no problems whatsoever. I have always had keys.

OP posts:
OneWithTheForce · 08/02/2017 18:11

OP, as has already been explained to you, tenancy law overrides tenancy agreement. Your agreement to access with 24 hours notice is not enforceable and he does not have to grant permission. Also, you did not give him 48 hours notice of your access. You asked him if he minded and you got no response. You did not have his permission. Telling someone you are doing something is not the same as having permission, nor is asking to do something and getting no response.

MissLupescu · 08/02/2017 18:15

Written notice isn't a text message unless specified in your agreement. Nor is email.
It should be by letter.

It should also say 'with the tenants agreement' or some such words.

Because if you decide you want to enter the property at say, 4pm on Friday, and the tenant says it's not suitable, you still can't go ahead and let yourself in anyway.

It can't be an unbalanced clause in the agreement.

So you didn't give written notice anyway OP, and yet you still tried to enter.

Gallavich · 08/02/2017 18:16

You could put a clause in a tenancy agreement saying the tenant has to sacrifice their first born to you but you can't enforce it can you? The law overrides anything in your agreement. It doesn't matter what they signed.

BWatchWatcher · 08/02/2017 18:22

www.google.co.uk/amp/s/amp.theguardian.com/society/shortcuts/2013/oct/15/spot-if-cannabis-farm-next-door?client=safari
Apologies apparently they black out the windows.

OnceUponATimeInLondon · 08/02/2017 18:24

Sorry that this has got so complex over a simple issue OP. Hope you can get to an good agreement going forward.

TheHodgeoftheHedge · 08/02/2017 18:25

And what's more your need to enter in order to turn off his light bulbs does not even remotely fall under those categories.

NarkyMcDinkyChops · 08/02/2017 18:28

No contract can override certain statuatory rights, such as quiet enjoyment. Lots of contracts contain all kinds of clauses that are entirely unenforceable no matter who signed them.

Sugarpiehoneyeye · 08/02/2017 18:32

Sounds like he's growing weed OP.
What are you going to do ?

NerrSnerr · 08/02/2017 18:36

I'm assuming all the people saying that he's growing weed have only read about it on mumsnet. Leaving the normal lights on in the house is not a sign of a cannabis farm!

MyKidsHaveTakenMySanity · 08/02/2017 18:39

Gallavich, that makes me chuckle as it's the exact same sentence I used to tell my neighbours and potential neighbours concerning the contracts for my slumlord cunt Landlord's houses. He would put anything to benefit him in his contracts and try to claim that as the tenants had signed, they agreed and must obey. He was ALWAYS overruled in court when the tenants had been forced to complain to the council to get repairs done etc.
I told them that he could say you were to sacrifice your firstborn but it wouldn't mean shit, even with their signature. You could sign it in blood and it would still be overruled by tenant law.

TheHodgeoftheHedge · 08/02/2017 18:40

Who'd have known that mumsnetters would be so wrongly informed about the signs of a cannabis grow house :)

Wishforsnow · 08/02/2017 18:41

I leave all my lights on all the time. I am most certainly not farming cannabis. Just like it to be all lit up when I get home. It looks like there must be someone home. As many people have said you basic contract does not override the law. To let yourself in would be wrong.

Elendon · 08/02/2017 18:55

Why did you decide to rent out your property OP?

Did you do it to make a profit?

Gallavich · 08/02/2017 18:56
Grin It's like that German fellow who signed a contract saying he agreed for that other bloke to kill and eat him. The other bloke still got done for murder!
Bluebellevergreen · 08/02/2017 18:57

I would never enter the property without the tenant's consent, yet you tried Hmm

Elendon · 08/02/2017 18:58

A profit on the rent that is?

Renting out a property means that you keep your investment. It should never mean you make a profit on those who cannot buy their own homes for whatever reason.

The profit is on the house you are investing in. Not on those who are renting.

Obviously if they are trashing the place and your investment falls, then that is a worry.

Leaving the lights on isn't unless you have dodgy electrics.

user1471467016 · 08/02/2017 19:24

Op, I think too many are projecting from you as a 'landlord' treating your 'tenant' with contempt, for asking if he wants his light turning off. They are linking in their stories/experience of harassment to one text message. Tenancy agreement/law of course matters, but so does looking out for neighbors and checking things are secure. As I said before, if he was lying dead for months and you'd ignored the lights on constantly, no reply to message, you'd be a money grabber who wasn't bothered as you weren't paying the bills. Hopefully you and him will be able to continue with an amicable relationship, where both can asked questions without it escalating to levels of ridiculous with little cause or reason.

DianaMemorialJam · 08/02/2017 19:29

user if he was dead, I would assume eventually the bills would stop being paid as his money would run out?!

People aren't projecting, it was (nearly) unlawful entry. Doesn't matter who you are, it is against the Law.

limitedperiodonly · 08/02/2017 19:44

Written notice isn't a text message unless specified in your agreement. Nor is email. It should be by letter.

Amen. We had all this fucking nonsense and the rest listed here from a nightmare landlord who would have insisted to anyone who asked that she was just trying to help us.

She did things like attempting gain access for footling reasons, poring over the lease and quoting clauses at us and threatening legal action when politely asked to desist from harassing us.

OP - be a professional landlord, work out some other way to pay your mortgage on that flat or sell it and get a better pension plan

user1471467016 · 08/02/2017 19:51

diana, she didn't enter the property and read the poster after you - Projecting.
How do you know she has a mortgage or she needs a pension plan?

Think I'm getting equally over invested in this too. Hopefully they can discuss this like adults

MissLupescu · 08/02/2017 20:08

She didn't enter the property because she couldn't. The tenant changed the locks.

But she would've if he hadn't.....

FormerlyFrikadela01 · 08/02/2017 20:09

User the only reason she didn't enter the property is because the locks had been changed... Which she only knows about because she intended to enter the property.
I can't believe people become landlords and don't know the basic legalities of the landlord/tenant relationship.

MissLupescu · 08/02/2017 20:11

So what if people are projecting, it's their experience of landlords doing what the OP has done or what other posters are saying she should do next.

user1471467016 · 08/02/2017 20:28

The op has sent 1 text message, you're fighting the wrong person.

DianaMemorialJam · 08/02/2017 20:29

user she TRIED to. If the key worked are you seriously suggesting she would not have gone in?!

Please Hmm