Landlord entering flat without permission

[Pacific]

Asking for a friend. Her landlord said he's coming to the flat today and what time is best for her morning or evening. He didn't ask he said it as a statement. She said she's unavailable this weekend and not to enter without her present. He responded saying he's stressed and he's given her enough notice and emptyed his day for this, when she never agreed a date.

He sent her a msg saying he's moved the inspection to tomorrow and will be there between 10 and 12 and would prefer if she were there, that he won't go through her things he just wants to check condition of the flat. Basically he's implying that he will enter for an inspection even if she's not there.

She's certain he's not allowed to do that even if it's his fkat and he gave enough notice? But clearly he seems to think he can?

[des8]

Shelter's advice is as follows:

"You (the landlord) must give me at least 24 hours' written notice if you wish to inspect the condition of the property and you can only visit at reasonable times of day.

You must tell me when and why you intend to visit so that I can confirm it is convenient and arrange to be there if I want to.

You should only enter my home with my express permission. I will allow access for gas safety checks or for repairs that are needed.

Visiting without an appointment or entering without my permission breaches my right to quiet enjoyment of my home.

It may also constitute harassment under the Protection from Eviction Act 1977. This is a criminal offence.

I will consider reporting you to the local council for enforcement action if your behaviour continues."

[Pacific]

Thanks DES8 I'll pass it on. She's stressed.

He did give notice but she doesn't like him and just wants to be left alone so repeatedly avoids inspections. Last time he came over he opened her kitchen cupboards to look inside and was generally being rude. Another time he gave her an eviction notice stating making up the fact that he's selling the house but she didn't move and he stopped bothering her for a while.

He remarked that he doesn't like the fact she has a lot of belongings and wants her to minimise, only reason her stuff is in boxes around the flat is because it came unfurnished and she doesn't have much furniture to put it in so it looks cluttered but otherwise she keeps the place clean and tidy.

[des8]

Sounds quite an unpleasant character does that landlord.

I'm tagging islandgirl who probably has more experience in this field than I

[islandgirl]

This is my understanding of the situation. The LL has to give 24 hours notice. It is normal and reasonable to inspect a property regularly and is something that most LLs do (I don't. I am the exception). HOWEVER the tenant has a right to refuse an inspection. The LL cannot force one. He can go to court to get an order allowing entry (but is much more likely to give notice to evict and follow this through). A Landlord has no right to tell a tenant how to live but they do have the right to demand a property be returned in the same condition it was first rented (less fair wear and tear). My advice would be to allow one inspection a year and perhaps you could meet the LL instead of your friend to avoid the stress etc. If she hates the LL so much she should take steps to move but avoid getting evicted over this issue and leave when and how it suits her. Final thought - it is within the law I understand for a tenant to change the locks as long as they reinstate the original lock when the leave. However taking this action would almost certainly lead to eviction I would say. For more information hop over to the Landlordzone forum and do a search - you will find lots of threads and info on this issue there.

[MIKE770]

Landlord's Right to Access in UK 2022: Property Entry Rules ...

[Pacific]

Hi thanks will let her know. The situation has escalated some. She didn't respond to his 2nd text saying he was coming today because she had already informed him she was unavailable, not that she wouldn't be home but that she was unavailable for the inspection.

She was home with the chain on the door. He came and knocked she didn't answer. He used the keys to enter but the door only opened a couple inches because of the chain. She went to the door and told him to leave he refused. She tried to push the door closed but he was resisting. He was saying he won't leave till he's inspected the flat and will call police on her etc.

Then he said he's given her a section 21 notice 5 months ago and she hasn't left. He continued with the selling house story. Truth is he gave her it because she complained about the attic door in the ceiling not being secured. There is no wall between the 2 top floor flats ceilings as it's a converted house therefore the neighbouring flat could easily access hers through the attic door. The landlord of the downstairs flat got wind of this and got concerned about insurance going up and panicked and started doing a lot of repairs including communal which they had to all split and he blames her for it.

Her LL came to inspect the flat beginning of June last year, he put small brackets on the attic door and gave her an eviction notice saying he's selling the house. She was due to leave in 3 months September 2021 but didn't. She didn't hear from him since August 2021 so dismissed it as he's probably changed his mind. He had told her agents are coming around but then when she asked the name of the agency he had none. Then he said he's coming to take pictures himself she didn't believe him and didn't want him taking pictures of her things so asked he use the ones when the place was empty and she let it which wasn't long ago.

In text yesterday he told her he's just coming for inspection. When here he was telling her she hasn't left yet and needs to go. He's today officially ended the tenancy by notice giving 31st March as move out date, that's 3 weeks away.

ISLANDGIRL it's not that she hates him she just wants to be left in peace, since she moved in he'd call her regularly to arrange inspection and she'd only been there a few weeks plus it was lock down covid times. She avoided him for over a year mostly because of covid but allowed him to come put brackets on the attic door in June and he was awful made her feel bad complained about her stuff and gave her the eviction notice. She's settled and doesn't want to move again. She pays her rent on time never late and even paid it early for almost a year till once she didn't pay it as early during Xmas and he started complaining he hadn't received his rent even tho it wasn't even due! After that she only pays on the day never early.

Anyone know if it's legally trespassing if he unlocked the door but couldn't enter because of the chain on the door? He also resisted so she couldn't close it. He did this 3 times as she was asking him to stop it and go away. He also bought his young daughter with him and is now accusing her of scaring his daughter because she was telling him to stop it and go away.

[Pacific]

Oh btw he refers to himself as the landlord, but it's his wife that owns the property. He however manages everything and my friend has never seen her but it's her name on the tenancy not his. Not sure if that makes any difference?

[islandgirl]

The info posted above says: In England and Wales, it is illegal for a landlord to enter their rental property without at least 24 hours’ notice to the tenant unless it is an emergency. If a landlord does enter the property without notice or permission, this is a violation of the tenant’s right to quiet enjoyment and The Housing Act 1988. In this circumstance, landlords could be prosecuted for harassment. The Protection from Eviction Act 1977 states that a landlord will be “guilty of an offence” if their actions are “likely to interfere with the peace and comfort of the residential occupier or members of their household”. Entering the property without permission, or trying to organise an excessive amount of visits, such as unnecessary monthly inspections, can be considered harassment.

However I do not believe he legally entered. This is not enough for harassment in my opinion. Better to concentrate on the S21. Assuming rent was accepted after the previous S21 expired then the old notice is invalid. 3 weeks is insufficient notice. The S21 may well also not be valid. Is the deposit in a scheme? Is the gas cert up to date? Was the Right to Rent info given? You will find a checklist on Landlordzone. The LL cannot force her out. The S21 is a notice to leave. When it expieres, if she does not, the LL will have to go to court. However it is clear that eventually he will evict her. She is bettter moving out.
Many people recommend a chat to Shelter or the local council - certainly contact them if he is behaving illegally. However she will have the ongoing stress of an eviction unless she accepts that a move will probably be inevitable.

[Wylderose]

Hi Pacific

A couple of facts that may help your friend.

After 2015 there was a change in the law and in order to legally serve a Section 21, a landlord must have lived up to his/her responsibilities in that the property must have a valid Energy performance certificate and also a gas certificate if there is gas in the property, the tenant's deposit would have to go into a deposit protection scheme and a "how to rent" booklet would have had to be issued to her. After April 2021 he would also have been required to have an Electrical inspection certificate in order to rent to a tenant and this applies even if there is an existing tenancy. If your friend's tenancy started prior to 2015, then her landlord would have had to issue the required documents by October 2018 in order to be compliant with legislation.

That said if the original Section 21 was issued in June 21 then this would have expired by now and he/she would need to start the eviction procedure again. Under the new legislation, there is a period of 6 months in which after a Sect 21 has been issued, a landlord must either have taken back the property due to the tenant leaving voluntarily or he/she must have started formal court proceedings to recoup his property if the tenant fails to vacate. He cannot just tell her "I am terminating your tenancy with effect 31/03/22" - his behaviour appears to be harassing in nature and does not enable her to have quiet enjoyment of her property.

Please get her to seek assistance from Citizens Advice and if your council has one, their landlord/tenant enforcement section

[Pacific]

Thanks..

ISLANDGIRL She's accepted she'll have to move at some point but she's adamant she's done nothing wrong and shouldn't be forced so won't leave voluntarily as this isn't financially viable for her either she'd need thousands in rent and deposit and removals and such as renting in her area is expensive. She's never been behind in rent and lives there peacefully yet landlord keeps interrupting for inspections claiming he thinks she's damaging his flat or doing something illegal which is pure slander.

A neighbour also told her when she moved in that she's the 1st tenant she's seen and talked to as no tenants stay in that flat they come and go every few months at most a year. She's received lots of previous tenants mail in at least 15-20 different names so wonders if they left because of this too. All gas and electrical certs are up to date and she received renters book. Tho tenancy states they need to provide her with the flats insurance which she didn't receive, LL did enter to do a repair early on and switched all the heating on to 25C telling her to leave it on all the time because their insurance says so. She said she will change the locks but is scared to do so too but no idea why because he's already evicting her.

WYLDEROSE do you mean it's the current law that the eviction notice period needs to be minimum 6 months? I thought this ended last year? It would be great of it didn't. I think it's definitely harassing as the guy opened her door repeatedly and refused to leave until he'd either come in or she come out into the hallway he initially refused to leave and communicate by whatsapp but relented when he saw his threats wouldn't work she wasn't letting him in. She's feeling very stressed.

Does opening her door and trying to force his way in amount to trespassing? Or did he have to step into the flat for that? She wants to know because she said if he does that again she can't deal with the stress she's calling the police if it's trespassing. She's worried hell come back he told her he'll be back Wednesday. The gas check is due in 6 weeks but he's trying to get it done now so he can enter in with them. Can she refuse this check until closer to the due date?

She's contacted CAB but it's difficult getting an appt she's trying again tomorrow.

[islandgirl]

It is a shame that the LL is so bad and difficult but at the end of the day he will get his property back if he goes through the correct channels. She may pay her rent on time etc but if the LL wants her out he will get her out in the end - at her cost. All the costs of going to court are paid by the tenant. The Police will not be interested in my opinion in what has happened so far though if she feels threatened of course she should call them. She can refuse to let him enter for the gas check but it gives the LL more ammunition when he goes to court as entering for the check is an entirely reasonable request. Whatever happens I am afraid that this person will have to accept that she needs to move and she will end up paying all the court costs if she refuses to do so once proper notice is served (though it appears that the S21 served is incorrect). It will take a very long time to evict but will be very stressful.

[Wylderose]

Apologies - there were a lot of changes with all the changes to the legislation that came into force with Coronavirus

Because her notice was given in June 2021, she would have had to receive a minimum of 4 months notice period and her landlord would need to start court action within 4 months of the notice period ending. After that time, the notice will not be valid.

Shelter's website still has the most comprehensive section of advice for people who are facing eviction. Please refer to it as there is a lot of useful information on their pages.

Section 21 eviction process - Shelter England

This is all the more reason why she needs to speak to CAB.

If your friend speaks to her local council housing office, she should be able to register on the housing register to obtain alternate accommodation. This will be at a substantially lower amount than renting privately. She must realise too that leaving the property voluntarily prior to the eviction order being obtained and enforced will absolve the council of their responsibility to rehouse her.

Temporary accommodation due to eviction offers a way into permanent housing through the council/housing associations. Discretionary housing payments are also available to assist with removal/storage costs as well as deposits and rent in advance for private tenancies. She does have options available to her, it is just finding the right solution.

[islandgirl]

What is said re council housing is correct but she should be in touch as soon as a valid S21 is received. The advice will be to stay until she is evicted but she must be aware that she will pay for all court costs to achieve this. Surely it is better to look for suitable accommodation herself? Council properties are extremely scarce and she is likely to end up in a b and b for many months. This can be avoided.

[Pacific]

Thanks..

She didn't want to leave because its the perfect location for her and she's settled but she has accepted she will have to and after today even wants to solely because of him. Problem she has is that she is not financially prepared and couldn't afford a move. It may be that she may have to ask for council help but in her area this is an appalling option. We both have a mutual friend whom was housed in temporary accommodation and it's awful, plus the more long term options don't happen for years not months in that area. They also housed her very far away. My friend wants to avoid council's at all costs and if she has to ask them she will try and leave ASAP back into private renting. A family member of hers is trying to get a mortgage they are saving for a deposit and she will live with them but this won't happen for at least 2 years yet.

She said her tenancy was assured shorthold 6 months but after he didn't renew it became monthly rolling or something and therefore he didn't have to give her the 4 months but she's not sure about it because laws changed a lot during covid. But definitely he had to give minimum 2 months if not 4. It does seem the section 21 is expired so she's just hoping he'll have to do everything again then she will have more time to get prepared to move.

She wants to avoid court if at all possible but if she doesn't have the money to move and found a place by then she may need council help as staying with friends is not a longterm option. If she did move in with a friend to avoid court action could she still get council help later?