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my name is ***** ***** I will help you with this.
please let me know on what basis the landlord is entering the property?
Does the tenancy agreement give him a right to do this?
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.
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.
I see. Does the LL have an agent?
Where does the 24 hours notice you refer to come from?
its slightly complicated because i live in staff accommodation and this is the PA to the owner who has been given this responsibility
Ok and the 24 hours notice you refer to>
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.
So the agreement says reasonable notice?
the agreement is a months notice
How much notice were you given, if any>
Ok, what is it you want to achieve?
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.
Ok, well I assume your agreement also has a clause that says you have a right to peaceful enjoyment.
So what you can do is sue of contract and seek an injunction preventing the PA just entering the property
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
If they refuse then you can issue proceedings. You would need to complete form N!
Submit these to the County Court. The Court will send the other side a copy and then set the matter down short hearing
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
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
Can I clarify anything about this today please?
knowing my employ it more than likely has no such clause but its a legal right to peacefull enjoyment
Ok, it should do but in any event they are in breach by NOT giving you 1 months notice or any notice
So do not be too concerned about that
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.
You can do it yourself.
Does that help>
wow i didnt know that
how much should i sue for
Yes I would do this.
It wont be a lot I dont think, £500 at the very most
how can i use the civil system more effectively
the council law enforcement to step in
No, there has been no eviction. The Council would only do anything if there was an unlawful eviction
This is just a breach of contract, nothing else
This is why you need damages and an injunction to stop them doing it again
wot about breach of privacy
Council wont do anything about that
so its not breaking the law
To give you an idea a 3 month injury is only worth £1500
So you wont get anything more than £500 going into the room
Yes its illegal, but its breach of contract
That is your claim, that is your remedy
not even if they borke in
Correct. Its a civil matter
What they have done is a breach of contract. Its not burglary. It is a civil matter.
It is a dispute between a Landlord and Tenant
Therefore you need to deal with it through the Court in terms of compensation and stopping them doing it again
so there is no law to protect the tenant from doing this that they have the powers to punish them with.
Don't worry they wont want it going to Court.
Yes there are powers to protect people - it is called an injunction
i dont think so either
If they break the injunction they can be sent to prison
but to get the injunction thats the process to take
Yes to stop them doing it again
You have asked of course in terms of the letter that they wont do it again
They might say 'you are right, we wont do it agaon'
If they dont then and only then do you go to Court
i have asked yes
Can I clarify anything else ?
so can i also say that they are not to enter the property unless they need to do repairs or an emergency
and the injunction is done by the company?
or do i say i will be seeking an injunction
The first one
And say if they refuse to acknowledge you will seek an injunction plus damages
Does that help?
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.
so do i say i want the money
how would i word it
Their breach of contract
I think that is all i need to know ,thank you so much help .
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okay i will do