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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have an on going tenancy I have now given notice to move

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Good morning,I have an on going tenancy I have now given notice to move the notice time is 2 months, the landlord asked if he could visit with a builder we arranged to meet Wednesday at 10/30am I got back to the property at 10/15am and found the landlord and builder in the house,(this has happened before and I told the landlord that I did not want him in the property unless someone was there) I want to leave as soon as possible have I got a case to leave before my 2 months notice as technically the landlord has broken the contract by entering with out permission?
Submitted: 1 month ago.
Category: Law
Expert:  Joshua replied 1 month 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.

I am sorry to read of the above. May I confirm if you have given the landlord written notice not to enter without your express permission or not without you there or has this only been verbal to date?

Customer: replied 1 month ago.
It has a clause in the lease to say he must give 3 days notice to enter, also I have a text from me asking him not to enter.
Customer: replied 1 month ago.
without me there
Expert:  Joshua replied 1 month ago.
  1. Thanks. Can you tell me if you sent the text before he entered on Wednesday and precisely what the text said?
  2. Have you put anything in writing to the landlord since the visit about him entering the property without your permission?
Customer: replied 1 month ago.
the text was about 1 year ago which said Please do not let yourself into the property I am happy to give access anytime as long as I am there
I haven't put anything in writing I am having a meeting tonight with him and his wife as things were a bit heated on Wednesday when I came home to find him in the house, I
Expert:  Joshua replied 1 month ago.

Thanks. Do you still have a copy of that text?

Customer: replied 1 month ago.
No
Customer: replied 1 month ago.
but it is very clear in my lease that he must give 3 days notice to enter
Customer: replied 1 month ago.
I just want to know if at the meeting tonight I can say that he has technically broken the contract with me,that I can leave with just 1 months notice and I can get my deposit fully refunded
Expert:  Joshua replied 1 month ago.

Thanks. In terms of the landlord entering the property, if there is a provision in your tenancy agreement that states he can enter on notice then this is a useful provision for him because he can give you notice and if you do not object he can then rely on the provision to enter. Of course if he does not comply with the minimum notice required he would still need your permission to enter so any such provision is only of use to him if he complies with the terms of the provision which from what you say he has not.

However if he enters against your permission (i.e. you object) the position is very different. He may be guilty of a breach of contract under common law, an offence under both the Protection Against Eviction Act and the Protection from Harassment Act (the latter if he repeatedly enters against your permission). From what you say you have given him a notice not to enter without your permission but no logne have a copy. You may therefore wish to consider giving him another notice by email or if you prefer by text (so long as you retain a opy) instructing him not to enter without your express permission.

The OFT also advise that they would consider a term giving the landlord a right to enter against the tenants permission to be unfair under the Unfair Terms in Consumer Contracts - see below:

3.32 We would object to a provision giving the landlord an excessive right to enter the rented property. Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants ‘exclusive possession’ and ‘quiet enjoyment’ of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant’s consent, except for good reason.

The landlord would be entitled to enter the property without notice in order to carry out essential works for example, if the were a gas leak or some imminent danger such as a supporting wall falling and the like. However that is clearly not the purpose of his visit.

You can advise him that you consider the previous entry to be a breach of the protection against eviction act and the protection from harassment act and will involve the local authorities Housing Officer either in respect of that visit and/or in respect of any repeat offences and if consider a claim for damages against him. It also gives you a right to change the locks so he cannot gain access.

In terms of leaving the tenancy early as a result, whilst unlawful entry is serious and can make the landlord liable to you for damages, it is not a sufficiently serous breach of contract to be grounds for repudiation (cancellation) on your part I regret. For a right of repudiation you need to be able to show that a breach goes to the heart of the contract (e.g. the house is uninhabitable). Rather as above it will entitle you to potential damages and to seek a criminal prosecution of the landlord. Of course you could attempt to use these rights as leverage to convince the landlord to allow you to leave early but he is not obligated to agree.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you this is helpful
Expert:  Joshua replied 1 month ago.

I'm glad I could help. If I can assit any further do please come back to me. Best wishes