UK Landlord Forum / Life

Hi,

I've recently moved into a property which is an annexed building next to the landlords house, I've been there a month now and have started to experience a couple of issues.

The first issue is the noise created by the landlords and their partner, there is a storage unit next to the property where they keep various things and they are constantly entering and leaving, banging doors, banging about and other various noises through out the day at unreasonable times depending on the given day. They also own a number of dogs, they let them out barking for hours on end, right next to where am living it's quite annoying, again at various times sometimes completely unreasonable such as 6am or 11pm.

The second issue is the landlord entering the premises when am at work, first they entered without my permission to "fix something", then I've noticed at other times someone has been in while am out, but this is difficult to prove.

I've decided am going to find a new place but in the mean time am going to approach the landlord and explain my annoyances, what am looking for is some information as to where I legally stand before I approach or any advice to help tackle these issues.

If I move out but am able to prove this has been going on is there anything I can still do?

I also have a question regarding Tenancy Agreements, I've noticed that some Tenancy agreements I've been presented with (including where I currently live) have clauses, where they try to exempt or overwrite from the rules outlined in acts such as – the Landlord and Tenant Act 1954", are landlords legally allowed to do this? This has never caused me any issues in previous places, and I used to put it down to small print, but after living at this place it makes me more concerned.

Thanks for any advice

You can change the lock, this will take a screwdriver and about £7 for a new lock... that's issue one sorted. ( keep the old lock you must put it back in when you leave)

Noise from Neighbors. choices.

1. Live with it.
2. Complain and ask for an improvement
3. Give notice, and risk min 5 months of rent being pursued as breach of contract.
4. Pursue a war of attrition whereby everytime you here a noise you play White Cliffs of Dover at full volume in full.. Nobody really likes Vera Lyn.. But when asked why, just state Dogs barking makes you anxious and a bit of Vera calms you down.. Once they correlate the number of plays with them initiating the disturbance it might change?
5. Call Judge Rinder.

A tenancy agreement cannot stop you from changing the locks - but you must put the original ones back before you leave (as Boboff says)

One thing I am not sure of, is that I have seen plenty of tenancy agreements which state that if a tenant changes the locks they must provide the landlord with a key.  This actually seems reasonable to me. But I am note sure if it is enforceable.

And there we have it. The problem is not whether or not the landlord has a key to the locks that are fitted. The problem is that he is not requesting access.  What does your tenancy agreement say about the landlord gaining access. It should say that a) that they need to request it (unless it is an emergency) and b) it should say that you should be given a reasonable amount of notice (like 24 hours).

Changing the front door lock should be a weapon left for when all else has failed imo. However if your LL is going in without direct permission and you have asked them to cease doing that and they continue and there is no other way, I grudgingly admit it might be a reasonable course of action.

I think to do this as an opening tactic especially without proof is unnecessarily confrontational.

Always be wary of advice from a blog (especially my own)
Do your own research...

Onit
Regarding your noise  issue no better advice than that from boboff - points 1-4 (I have no idea who judge Rinder is)

As to the landlord entering whenever he pleases...totally not on. 

However you need to see what you have agreed to in your tenancy agreement.  In many cases a clause in the agreement is tantamount to providing acquiescence for a landlord to enter and furthermore if you do not make it clear the landlord must desist from doing so there will be a 'course of dealing' and the landlord could argue he has the right to enter. 
It might be a simple misunderstanding on the part of the landlord ... (Perhaps I am being to generous to the landlord in this Yuletide season)

Just to slightly modify the advice from Martha, irrespective of what the agreement says you have a statutory right to peaceful enjoyment and so even in the highly unlikely scenario your agreement is silent (or provides the landlord some kind of unilateral right) on this point the best the Landlord can actually do is point to section 11(6) of the landlord and tenant act 1985 which requires a 24 hour notice (but then see above paragraph).

You need to go down the list as follows each being a more severe step than the previous...
1) discuss this with the landlord and judge his reaction
2) serve a formal notice (written) telling him not to enter without your permission
3) add in the letter or verbally claim you think some of your property may have gone missing (that should put him off)
4) change the locks after you check your tenancy agreement about locks and your right to change them ...and likely requirement to ask the landlord permission and replace the locks at the end of the tenancy and provide the landlord a key

As to the last point above if a tenant changes the locks without permission or does not provide a key to the landlord he will be in breach of his tenancy agreement, but short of getting a court injunction (which is expensive and not guaranteed to be successful) there is not a lot the landlord can do about it!   
Maybe after the tenant has left the landlord could claim against the tenancy deposit for the cost of new locks and keys but if you the provided the keys or replaced the locks then no cost incurred foul.

If you move out but are able to prove the landlord has trespassed (which is actually what he has done) you might (stress might) have a reasonable chance of leaving the tenancy and not paying the remainder of the rent that would normally be due as the landlord has breached the agreement.  But you would have to prove he has trespassed after you have told him not to enter without your permission...and even then am not sure how you will prove it short of a cctv set up.

As to your final point it is totally fine to exclude the 1954 LTA (in fact necessary from the landlord perspective) particuarly if you do not have an assured shorthold tenancy agreement.

Hope that helps

Best of luck.