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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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A friend of mine has just had a horrid call from her private

Customer Question

HI, a friend of mine has just had a horrid call from her private landlord implying that the flat is in a state.
She has entered the property on more than one occation without the legal 24 hour writen notice and even allowed people to view the flat with no notice while this girl was in the flat alone. I believe this counts as harassment?
Also there was no itinerary carried out on the property (part furnished) and she is claiming that there is damage to carpet, small cig burn which we have not seen. And is disputing that one of the beds has been broken when the tenants say it was broken already.
She is also threatening to give a bad reference due to this fictional issue which could mean that my friend looses the deposit she has already given to her new prospective landlord.
And saying that she will need to re carpet the entire flat at the cost of one of the tenet in question.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is your question about this please?
Customer: replied 1 year ago.
Well obviously I want to know if the private landlady has a leg to stand on? I think I explained the situation very clearly. If there is no itinerary can she charge the tenent for all carpets/anything? Is it illegal for her to continually enter the residence without 24 hours notice and allow others to enter without notice. Also, can she give a bad reference to the next landlord when there is nothing wrong with my friends room. Lastly is there any legal action that could be taken out against the landlord for breach of contract. Please come back with a better response than the last as my friend is mortified.
Expert:  Jo C. replied 1 year ago.
Yes, she does.
An itinerary is just a piece of evidence like any other. The absence of it does not defeat a claim.
If there is evidence the property is in a poor state and your friend did not complain about it during her tenancy then it is likely the court would accept that it was caused by her unless there was a very long delay between her leaving and it being reported. Then it is as incredible for the landlord to say he wouldn't have complained sooner as it is for the tenant to say she would not.
It is not illegal to enter. It is something that he had no basis to do but the right thing to do would have been to refuse. It doesn't amount to a criminal offence. It might be a trespass but if there is no damage then there is no claim.
Yes, she can give a bad reference although only if it is true. If she sets down anything untrue then that would give rise to a different claim but you would need to prove it was untrue.
On the basis of what you have said so far, there is no action against the landlord. if the only issue is that he attempted to gain access without agreement then that isn't harassment. It could have been refused and continued attempts to gain access would certainly be trespass and maybe harassment but that didn't happen here. The trouble with that is that the time to complain about it was when it was happening not when an action for damages is being considered against her I'm afraid.
If she is seeking to avoid liability only on the basis that there was no itinerary then I'm afraid that is not sufficient.
Can I clarify anything for you?
Jo

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