How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

I am currently living in a student accommodation. I found that

Customer Question

I am currently living in a student accommodation. I found that the on-site staffs always get into my studio flat without my permission. I want to know is it legal? And I also want to know is there any legislation that may help me?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is in your agreement regarding Landlord access please?

JACUSTOMER-4aay71tc- :

It is AST agreement, I rent this student accommodation from Aug, 2013 to Aug 2014.
It is not a student accommodation operated by university but a private company

JACUSTOMER-4aay71tc- :

for the agreement regarding Landlord access, I need to check, please wait
But do you think the landlord get into my room without my permit is breach of covenant for quiet enjoyment?

Alex Watts :

Not if the Landlord has a right as per the tenancy agreement.

Alex Watts :

If the Landlord does NOT have a right as per the tenancy agreement then it would be a breach of the agreement.

Alex Watts :

But generally a Landlord will have a clause saying they can access by giving 24 hours notice.

Alex Watts :

But let me know what the clause says. Thanks

JACUSTOMER-4aay71tc- :

8. ACCESS BY THE LANDLORD
The Tenant will permit the Landlord and the Management Company and anyone authorised by the Landlord and the Management Company to enter the Flat (including the Room) for the purposes set out in sub clauses 8.1 and 8.2. These visits will be pre-arranged (where reasonably possible) and conducted at reasonable hours in the day time (except in the case of emergencies);
8.1 to show the Accommodation to prospective tenants;
8.2 to inspect the Accommodation from time to time and to carry out repairs to the Flat, the Room, the Room Items or the Shared Items as necessary and to take monthly electricity meter readings.

JACUSTOMER-4aay71tc- :

I also found a clause about landlord's obligation

JACUSTOMER-4aay71tc- :

13. LANDLORD’S OBLIGATIONS
The Landlord agrees to;
13.1 allow the Tenant to quietly possess and enjoy the Room without unnecessary or unwarranted interference;

JACUSTOMER-4aay71tc- :

thanks

Alex Watts :

Ok - was anything prearranged?

JACUSTOMER-4aay71tc- :

No,

Alex Watts :

Ok. Then the Landlord is in breach of the agreement.

Alex Watts :

He can only rely on clauses in the agreement, if not he would be in breach of contract.

Alex Watts :

You could therefore sue for loss and damage and claim compensation.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-4aay71tc- :

I want to know what is the meaning of "prearranged"?
and will this (where reasonably possible) have any effect?

Alex Watts :

Pre-arranged simply means you both have agreed a time and date.

Alex Watts :

It should only NOT be pre-arranged where it is an emmergency.

Alex Watts :

Does that help?

JACUSTOMER-4aay71tc- :

Yes, It's clear now, thank you very much!

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/