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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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If a landlord dose not give the allotted 24 hour notice period(and

Resolved Question:

If a landlord dose not give the allotted 24 hour notice period(and there are no repairs needed and emergency) to enter the property and when the landlord is repeatedly reminded that no notice had been given by the tenant to the landlord and the landlord threatens to break into the property by force and then after being reminded not to do so proceeds to carry out the threat.threat. What legal action can be taken to prosecute the landlord unlawful entry and breach of privacy.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

please let me know on what basis the landlord is entering the property?

Alex Watts :

Does the tenancy agreement give him a right to do this?

Customer:

Alex

Customer:

The landlord is entering the property general room inspection.And the tenancy agreement gives them the right to do so at your convenience and they normally give a months notice.

Customer:

The landlord didn't give any form of notice and when asked very politely not too enter the property because it was of a great inconvenience the landlord broke the lock and forced entry.

Alex Watts :

I see. Does the LL have an agent?

Alex Watts :

Where does the 24 hours notice you refer to come from?

Customer:

its slightly complicated because i live in staff accommodation and this is the PA to the owner who has been given this responsibility

Alex Watts :

Ok and the 24 hours notice you refer to>

Customer:

It comes from the PA and is normally on a notice board in the entrance to the property,there was no such notice at this time.

Alex Watts :

So the agreement says reasonable notice?

Customer:

the agreement is a months notice

Alex Watts :

How much notice were you given, if any>

Customer:

none

Alex Watts :

Ok, what is it you want to achieve?

Customer:

well considering the pa has not only abused the powers given to them but also broken the law and also my right to enjoyment and come into my place of work and harassed me.i did send an email outlining all of this and said how it has been a distressing event expecting at least an apology and none was given plus no action taken against this person by the company i work for.I would like to prosecute this person seeing as though they have broken the law and breached my rights as far as possible as so they realise no one person is above the law and even though i am under there employ that the law will protect myself and others if my rights are breached.And make them realise that you cannot just break into someone's property as and when you feel like it and there be no repercussions. I.I contacted the council and all they are willing to do is send a letter explaining the law.and if the PA repeats these actions then they will prosecute.In my eyes once is enough,what is the point in having laws to protect people if when called upon the the people in power do not use there legally given authority to punish the aggressor.but i have no idea as to how to go about it you see.

Alex Watts :

Ok, well I assume your agreement also has a clause that says you have a right to peaceful enjoyment.

Alex Watts :

So what you can do is sue of contract and seek an injunction preventing the PA just entering the property

Alex Watts :

You should write, set out the terms of the contract and say they are in breach. You should ask and an undertaking they will give the contractual notice period of 1 month

Alex Watts :

N1

Alex Watts :

And N16a

Alex Watts :

If they refuse then you can issue proceedings. You would need to complete form N!

Alex Watts :

Submit these to the County Court. The Court will send the other side a copy and then set the matter down short hearing

Alex Watts :

At this the Judge will see if the matter is contested. If it is the Judge will give directions as to timetable the matter and set it down . The Judge will decide whether to make an interim injunction

Alex Watts :

If the Judge makes an interim or final injunction and it is breached, this is contempt of Court and they can be warned, fined or sent to prison

Alex Watts :

Can I clarify anything about this today please?

Customer:

knowing my employ it more than likely has no such clause but its a legal right to peacefull enjoyment

Customer:

regardless

Alex Watts :

Ok, it should do but in any event they are in breach by NOT giving you 1 months notice or any notice

Alex Watts :

So do not be too concerned about that

Customer:

so i should personaly send a letter and say they breached contract and demand some money and the pa is prevented from entering the property.do i not need a solicitor to do that.

Alex Watts :

You can do it yourself.

Alex Watts :

Does that help>

Customer:

wow i didnt know that

Customer:

definitley

Customer:

how much should i sue for

Alex Watts :

Yes I would do this.

Alex Watts :

It wont be a lot I dont think, £500 at the very most

Customer:

how can i use the civil system more effectively

Customer:

the council law enforcement to step in

Alex Watts :

No, there has been no eviction. The Council would only do anything if there was an unlawful eviction

Alex Watts :

This is just a breach of contract, nothing else

Alex Watts :

This is why you need damages and an injunction to stop them doing it again

Customer:

wot about breach of privacy

Alex Watts :

Civil

Alex Watts :

Council wont do anything about that

Customer:

so its not breaking the law

Alex Watts :

To give you an idea a 3 month injury is only worth £1500

Alex Watts :

So you wont get anything more than £500 going into the room

Alex Watts :

Yes its illegal, but its breach of contract

Alex Watts :

That is your claim, that is your remedy

Customer:

not even if they borke in

Alex Watts :

Correct. Its a civil matter

Alex Watts :

What they have done is a breach of contract. Its not burglary. It is a civil matter.

Alex Watts :

It is a dispute between a Landlord and Tenant

Alex Watts :

Therefore you need to deal with it through the Court in terms of compensation and stopping them doing it again

Customer:

so there is no law to protect the tenant from doing this that they have the powers to punish them with.

Alex Watts :

Don't worry they wont want it going to Court.

Alex Watts :

Yes there are powers to protect people - it is called an injunction

Customer:

ok ok

Customer:

i dont think so either

Alex Watts :

If they break the injunction they can be sent to prison

Customer:

i see

Customer:

but to get the injunction thats the process to take

Alex Watts :

Yes to stop them doing it again

Alex Watts :

You have asked of course in terms of the letter that they wont do it again

Alex Watts :

They might say 'you are right, we wont do it agaon'

Alex Watts :

If they dont then and only then do you go to Court

Customer:

i have asked yes

Alex Watts :

Can I clarify anything else ?

Customer:

so can i also say that they are not to enter the property unless they need to do repairs or an emergency

Customer:

and the injunction is done by the company?

Customer:

or do i say i will be seeking an injunction

Alex Watts :

The first one

Alex Watts :

And say if they refuse to acknowledge you will seek an injunction plus damages

Alex Watts :

Does that help?

Customer:

so i should make an official letter outlining it is me suing them and that they should enforce an injunction and pay me an amount of money and if not done or paid then i will take them to court.and are more than within my right to do so and have the paper work ready and will do so if they decline.

Alex Watts :

Correct

Customer:

FANTASTIC

Alex Watts :

Can I clarify anything else ?

Customer:

so do i say i want the money

Customer:

how would i word it

Alex Watts :

Their breach of contract

Customer:

ok

Alex Watts :

Can I clarify anything else ?

Customer:

I think that is all i need to know ,thank you so much help .

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

okay i will do

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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