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Joshua
Joshua, Lawyer
Category: Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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- our landlord has given us our 2 months notice, and

Resolved Question:

Hello - our landlord has given us our 2 months notice, and has asked for our permission to have some work done to the property. We said this was OK but now they are saying we are going to have someone at the house painting for 3 weeks. I refused entry yesterday, only to be told by the painter that the letting agent told him to come back as this is within the landlords rights as we approved this. We never approved 3 weeks of onsite work. We can't get changed in peace, we cant go in the garden in peace, we have noise of sanding going on, I cant work from home, it's a nightmare. Please advise.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

What kind of work did the landlord specify when he asked your permission please? Anything at all?
Did you give permission in writing or verbally?
Customer: replied 2 years ago.

Hi



See the email chains below between me/my wife and the landlord (Ken) and agent (Pina/Keith).



Essentially we approved access for painting while we were away on holiday, this then didnt happen and now the painter is hear until the work is done, likely 3 weeks. We were never told we would have a painter at the property for 3 weeks.



I wanted to find out what is allowed here as this is not living in peace.



Thanks,



James





From: *****@******.***


Subject: Re:*****- URGENT


Date: Wed, 15 Apr 2015 09:51:22 +0100


To: *****@******.***; *****@******.***



Ken,



Keith has told the painter to come back round even though we requested this to be moved to next week when we aren't in the property.



We are moving out next Thursday leaving the property empty for the last week of our tenant, and we feel this is very disruptive to have a painter here every day. My wife can't use the garden today, and yesterday I had conference calls interrupted due to noise.



Please can you call me to discuss asap. My number is ***********



Thanks



James



Sent from my iPhone



On 15 Apr 2015, at 08:49, James Tuck <*****@******.***> wrote:



Hi Pina,



See below to Ken which I have not had a reply from.



I don't want another day today with sanding noises, it is affecting my day to day working.



This is totally out of order, we should be left in peace for our last few weeks of our tenancy. I am not happy paying what I am paying in rent to have my wife being conscious about when she can get changed, when she can sunbathe in the garden, and when I can be on conference calls.



Please an you get in touch with the painter asap and advise him to return next Friday onwards when we will have left the property.



Ken please confirm receiving this email.



Thanks,



James



Sent from my iPhone



On 14 Apr 2015, at 11:56, James Tuck <*****@******.***> wrote:



Hi Ken,



I am not very happy with the painting situation that is going on.



Yesterday dry paint mess went all over my wife's brand new Golf (which took almost an hour to get off) and today I am trying to work from home and all I can hear are sanding noises.



Could this work not have waited until we had left the property as it is quite distracting?



We are moving into our new house next Thursday and there is going to be around a week where we won't be in Percival Drive if you wanted to get a bunch of work completed.



Cheers,



James



Subject: Re: Gas/Painting


From: *****@******.***


Date: Tue, 31 Mar 2015 13:18:57 +0100


To: *****@******.***


CC: *****@******.***



Hi Pina



We won't be at the property from 1st to 8th April, therefore please can you accompany the gas engineer on Thursday?



Kind regards


Debra



Sent from my iPhone



On 31 Mar 2015, at 12:59, Pina Kleinmann <*****@******.***> wrote:



Dear both



Just to confirm decorator will commence the outside paintwork on Tuesday 7th April 2015.



Also confirming that the gas certificate has been arranged for 1.00 pm this Thursday, 2nd April 2015. Could you let me know whether you will be at home or whether you would like us be there.



Many thanks


Pina

Expert:  Joshua replied 2 years ago.
Thank you. Looking at the above exchanges, I cannot see that you have confirmed permission. Rather the chain begins with what I assume is the landlord or agent confirming the painter will start on a certain date. It is true that you do not immediately relply objecting and instead say you won't be there for certain dates but you do not give permission. Later of course you go on to say you are unhappy. Do you agree with this assessment?
Customer: replied 2 years ago.

Hello,

Yes that is exactly the case.

Thanks,

James

Expert:  Joshua replied 2 years ago.
Thank you. There is no difficulty with work being carried out at the property if you agree but the landlord cannot carry out work at the property without your agreement. If he does so he commits a criminal offence under the Protection Against Eviction Act and is liable for damages to you.It is quite true that if you gave consent for work to be carried out and then change your mind the landlord has grounds for complaint. He must still leave with his contractors but he may be able to pursue you for losses he suffers in cancellation payments he may have to make to his contractors. However from what you have posted you have never granted permission in writing. If you did so verbally presumably you will only have given permission for a much more limited scope of works which you understood would not interfere with your enjoyment of the tenancy though you may simply take the position that you did not give permission on the face of the above exchange but rather the landord has assumed your permission. In any event you can require the workment to leave and if they refuse you can contact the local authorities housing officer who can prosecute and you can also call the police and seek damages in the county court. The landlord is clearly attempting to be cheeky and paint and carry out works to the house "on your time" rather than during a rent void as he should so he can move in new tenants with minimum void period. Good work as they say if you can get it but not reasonable. If he wishes to carry out such works and you were prepared to consent to them they would appear to be significantly interferering with your enjoyment of the property and you may wish to discuss a substantial rent reduction in return for granting consent or as above simply refuse as is your right. Unless the landlord can clearly show you agreed to the works being carried out and he explained the natre of the works involved, he cannot seek costs agaisnt you for asking the workmen to leave which as above is your right in any event. Have I been able to help you with all your questions on the above?
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Expert:  Joshua replied 2 years ago.
Does the above answer all your questions or is there anything I can clarify or help you with any further?

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