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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have a very intrusive landlord who keeps entering our property

Customer Question

I have a very intrusive landlord who keeps entering our property without our permission and previously has moved stuff and we noticed. earlier this week he entered our property without permission and because of the previous instant I installed CCTV which I caught him taking photos of our belongings - 47 inch TV, mountain bikes gym equipment (Im a personal trainer so have a lot of kit to train clients at their home) and then he went upstairs and no doubt did the same. I work for a corporate company and a lawyer advised me to ask in writing why he took these actions which I did on the 28th, he still has not responded and does not respond to our calls, texts emails or the registered letters - do we have any leg to stand on with this? We feel violated and very vulnerable and unsafe in our own home so are moving, which is going to cost us £2000 as the rent of the house we are in and the new house plus fees and deposit over lap?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is***** can assist you with this.

tdlawyer :

He cannot do this - it would be a breach of the tenancy agreement (usually - subject to what it says) for a landlord to re-enter a residential property that he is letting out.

Customer:

Whats the best way to deal with this as we have tried every source but even though we are moving, I do not want to drop the issue as I feel we have been forced out of the house because hes made us feel unsafe and we have never said he cant inspect, we just wanted one of us present. I have video footage of the whole thing and photos to prove it.

tdlawyer :

Okay. Assuming that it is a breach of the agreement (which you need to check, but it should be), then you could argue that his breach has been the cause of you deciding to end the agreement and move.

tdlawyer :

You could then seek to argue that the costs you've incurred, which are due to the move, which you might say would otherwise have been unnecessary, should be met by him.

tdlawyer :

This would be the duplicated costs really, the overlapping costs, due to the need to move quickly.

tdlawyer :

You could claim for that in the county court if you had to.

tdlawyer :

Do you believe that this has been done to force you out of the property?

Customer:

it is I have checked and varified it with the original Estate agent that let the property (but did not manage it after) and he says we are well within our rights as tenants he has breached our right to enjoyment.

Customer:

Im not sure regarding forcing us out as we have lived here 5yrs and never missed a payment

Customer:

which is what is weird about his behaviour - he could just give us notice (lease states he has to give us 2mths we give him 1mth)

tdlawyer :

Okay. It might be that his actions do amount to harassment with a view to unlawful eviction, or perhaps, plain and simple harassment.

tdlawyer :

Well, it is a little odd isn't it.

Customer:

he also is not responding to calls texts emails or registered letters regarding questioning him why he has done it as the neighbours like us and we think we are great tenants and do not wreck the house or disturb the neighbours

Customer:

so communication is zero

Customer:

very frustrating as he could just tell us his concerns that would be more professional

tdlawyer :

Yes, I agree, but some people can be a bit strange! The best thing, given you're moving, is to consider writing to him formally now (perhaps via a solicitor even) and setting out your position and demanding compensation for the losses you've sustained, which result from his breach of the agreement.

tdlawyer :

Then, if he doesn't pay, you could look at suing in the county court, which you can do online: www.moneyclaim.gov.uk

Customer:

I have sent a 2nd letter today asking him to respond to the first letter or Id take it legal to try and get him to communicate, just dont get why anyone would do this to good paying tenants and long term tenants, have a feeling hes been in before but didnt think he would get caught. I will take it forward as advised and appreciate your help, just needed some firm advise how to proceed.

tdlawyer :

Thank you! ***** ask whether you're happy with this service this evening?

Customer:

Yes I am you have been great and shed some clarity on the matter and helped with how we can proceed going forwards. Thank you for your help.

tdlawyer :

You're welcome. Have a good evening. Thank you.

tdlawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.
The council Private Tenancy Agency said they are writing to the landlord to inform him that he has breached of our right to enjoyment and to inform him that what he has done and is doing by entering the property without our permission is classed as tenant harassment and if he continues to enter the property without our permission they will prosecute him for harassment.

They have also advised us exactly the same as you and told us to make a claim via letter to him for compensation due to us being forced to move quickly and if he doesn't respond then make a claim through the county court.

Thanks again for all your advice.
Regards,
Gail
Expert:  tdlawyer replied 3 years ago.

A nice outcome - well done.

Glad to have helped!

Take care

Tony