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Discussion Starter · #1 ·
Now I should know my rights, but I am having major probs with my landlord and I'm wondering what to do. I have given notice on my flat and my contract states that the landlord or her agent can show tenants around in the last month. I am quite happy for that to happen but I am adamant that I want to be there, which in my view is perfectly reasonable. One reason being that to allow complete strangers in my flat will invalidate my house insurance regarding damage and theft. So, for example, if the flat wasn't locked up properly I wouldn't be able to claim. I have agreed to be as flexible as possible and as I work 10 mins away I can pop back at lunchtimes and in the evenings to accommodate her.

Now my landlord says she will not agree to not entering my flat in my absence, I asked her how she'd feel in my position but she said that her flat is far more important than my possessions.

She also noticed a leak on the ceiling in the cupboard caused by a flat above which she went ballistic over. I'm now worried she is going to withhold my deposit because she said I did not tell her it had happened (I didn't know about the damage to the ceiling because I hadn't been in the cupboard for ages). :(

I am shaking with anger about this, and now am genuinely worried. Am I over-reacting?
 

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i don't know legal requirements for landloards but there people on here who will. I think though that you should have at least 24hrs notice if the they wish to visit the property. I don't know if they can visit without you there though.

Re deposit, she was prob just annoyed but she has no right to hold your deposit and you have not damaged anything. If she was funny about it though you may end up in a small claims court to get this money back (this would be last resort though)
 

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Discussion Starter · #3 ·
She has agreed to 24 hours notice in writing, but said that the viewings will be made at any time.
 

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Hi

Your landlord cannot gain access to the property without your prior approval unless its an emergency (something to cause damage to the property, a bad leak etc)

Your landlord could only really make a deduction for the leak if it was proven that the leak was your fault! If the landlord holds your deposit then they could try holding money back for anything, if it is held by an agent as a stakeholder then you are in a much better position and should be protected by the TDSRA scheme!
 

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Discussion Starter · #5 ·
claire.major said:
Hi

Your landlord cannot gain access to the property without your prior approval unless its an emergency (something to cause damage to the property, a bad leak etc)

Your landlord could only really make a deduction for the leak if it was proven that the leak was your fault! If the landlord holds your deposit then they could try holding money back for anything, if it is held by an agent as a stakeholder then you are in a much better position and should be protected by the TDSRA scheme!
What can I do if she or her agent comes into the flat without my consent, though? I have informed her that it would be a police matter if that occurred, but I don't really want to escalate it to that level. But she won't listen to me and is being completely unreasonable.

Unfortunately the deposit is not held in a scheme, as I took the flat before the scheme came into force. I think I'll take pictures of the leak just in case.
 

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claire.major said:
Hi

Your landlord cannot gain access to the property without your prior approval unless its an emergency (something to cause damage to the property, a bad leak etc)

Your landlord could only really make a deduction for the leak if it was proven that the leak was your fault! If the landlord holds your deposit then they could try holding money back for anything, if it is held by an agent as a stakeholder then you are in a much better position and should be protected by the TDSRA scheme!
Take it from me, that ain't your leak! unless your house is upside down. ;)
 

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Discussion Starter · #7 ·
She's coming back at three with another agent, to show them the flat, and I really hope MAD gets back to speak to her as well.

She has also said I promised to give her as much notice as possible, and that I haven't done so, although the contract only states 1 month. We're buying a house and haven't even exchanged yet so we've given her as much notice as we can!

I've told her that her attitude stinks!
 

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[[cbr*faerie]] said:
She's coming back at three with another agent, to show them the flat, and I really hope MAD gets back to speak to her as well.

She has also said I promised to give her as much notice as possible, and that I haven't done so, although the contract only states 1 month. We're buying a house and haven't even exchanged yet so we've given her as much notice as we can!

I've told her that her attitude stinks!
Her attitude certainly does stink :mad: As long as you follow terms in the contract that you and her signed then she can try and do what she wants but has no 'right' to with hold the money.

Try and speak to Citizen advice about if she can enter the property without you... i have a niggling doubt though that she may be in the right.... i hope she isn't though :( good luck
 

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Discussion Starter · #10 ·
Although I am a solicitor myself and ironically she is too, I know that I am entitled to quiet enjoyment of the property, and her attitude to access is bordering on harassment. I don't think what I'm asking for is unreasonable. It is still our home after all.

The law is a wonderful thing until you need to rely on it!
 

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Discussion Starter · #12 ·

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[[cbr*faerie]] said:
It does say that she can only enter with my consent, and can only gain access in my absence for an emergency. That seems to support how I've interpreted the law!
Yeah thats about it. Not much you can do if the LL decides to ignore your request tho.
 

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I would suggest getting someone to go over your tenancy agreement, the standard is that she should give 24hrs notice to enter the property unless in an emergency, and i do think she is being very unreasonable, ive never had any landlord or agency behave in that way and ive privately rented loads over the years.

i auto change the locks when i move in, and change them back when i move out, never know when an ex tenant has a key, bit late for that now, but can you not lock the front door from inside and go out the back, i would just to piss her off if she did try to get in
 

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[[cbr*faerie]] said:
What can I do if she or her agent comes into the flat without my consent, though? I have informed her that it would be a police matter if that occurred, but I don't really want to escalate it to that level. But she won't listen to me and is being completely unreasonable.

Unfortunately the deposit is not held in a scheme, as I took the flat before the scheme came into force. I think I'll take pictures of the leak just in case.
just change the barrel in the lock - cost less than £5, job done
 

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Discussion Starter · #16 ·
Right, we've phoned Shelter and they said that my landlord is wrong! We are entitled to quiet enjoyment and would be able to change the locks if we wanted to. I don't want to go that far, though., as the locks are pretty complicated in this place, and it could prove very expensive.

Anyway, MAD has diplomatically saved the day by making her realise how unreasonable she is being and she's backed down - what a hero! She is only going to arrange viewings when I'm around so all's well that ends well...hopefully :)
 

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cool, good luck and hope she keeps her word :)
 

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Discussion Starter · #18 ·
Kai said:
cool, good luck and hope she keeps her word :)
Thanks, think I'll wedge something in the front door so we know if anyone's been in, don't trust her as far as I can throw her really!
 

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Discussion Starter · #19 ·
Oooh, I've just come over all angry again...she even had the gall to say that the flat was messy because it's full of boxes...we're moving for gawd's sake :lol:

Where's my little book of clam when I need it?

 
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