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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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I am currently holding an AST for a property in the UK and

Resolved Question:

I am currently holding an AST for a property in the UK and have vacated it before the end of the tenancy. I have paid rent and still technically have the tenancy.
I informed the rental agency that we have left it and that they can show prospective tenants around.
The landlord has informed me that he entered the property, he did not ask permission and has performed an inventory of items and potential damages.
Can I take any legal action against the landlord for this?
Can I use this for grounds to terminate the tenancy agreement early?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry if I'm missing the point but why do you think there is a claim here? You told them that you had vacated?
Customer: replied 2 years ago.

I am still paying rent for the period within which they entered.

Expert:  Jo C. replied 2 years ago.
Yes, but you told the agents that you had vacated its therefore they could argue that you had abandoned the property which would give rise to an entitlements to enter.
In any event, even if you were living there and you seem to accept that he was not the fact that the landlord entered does not give rise to rights to cancel early.
If a landlord kept entering without your agreement then there might be a claim in harassment but one instance is not sufficient unless, of course damage was done.
In any events, in this instance all the landlord has done is enter when you told the agent that you had gone and perform an inventory which is not unlawful afraid.
I'm very sorry if this is bad news but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
We have not been away from the apartment for more than 28 days so have not abandoned it. Also the contract states that the inventory must be done by an independent party with us or a representative present and no permission was given to the landlord to enter the property which is in breach of the clause in the contract which states that he must give 24 hours notice except in the event of an emergency. Surely then this is a form of trespass?
Expert:  Jo C. replied 2 years ago.
You don't have to be away for 28 days. You just need to abandon and you clearly did.
The inventory might well not be valid but that doesn't give you a claim for compensation for entering an abandoned property.
Customer: replied 2 years ago.

Do we not still have full tenancy rights given that we are still paying the rents, still have the keys etc.

Expert:  Jo C. replied 2 years ago.
Not if the property is abandoned.
if he had let the property to another then he would have to offer a refund pro rata but if you've told the agent that you have gone then the landlord is perfectly entitled to enter.
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