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.
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