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Landlord entering propert with 4 hours notice

Started by Armaghgeddon, March 24, 2012, 12:22:59 AM

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Armaghgeddon

First of all Hello everyone,

I have a question...

My Landlord's wife left me an answerphone message saying that they were entering the property to give viewings for next years tennants. I never replied so therefore I did not give consent to the landlord entering the property or to proceed with the viewing and I don't think I was given what is considered in legal terms as proper notice. Now I was not at the flat but I had my bedroom door locked and I believe that he opened the bedroom door also.

Is this a breach of contract and am I able to end the tennanct agreement with immediate effect. I am on a joint tennancy for a year.

Appreciate answers, thank you

Jeremy

Hello Armaghgeddon,

You can not ignore requests from your landlord to come round.  If it is inconvenient, you have to respond saying it is inconvenient and offering an alternative date and time.  The minimum time you must be given will be in the lease and I doubt four hours is sufficient.

Through ignorance or disregard, some landlords don't pay attention to this law, so your remedy is to remind them now by writing to them and stating:
+ The rules of notice period written into the teanncy;
+ If they are ignored again, you will change the locks and deduct the cost from the rent, to ensure you enjoy quiet posession from their behaviour.

The tenancy has not become voidable as a result of this one intrusion.

Hope this helps.  Let us know how you get on.

Armaghgeddon

Thank you for the reply Jeremy.

Is there any way I can get out of a year long joint tennancy?
The landlord has agreed to let me find a replacement tennant.
However my flatmate is being very unreasonable with everyone that is interested and refuses to sign the joint tennancy form.
I am having problems paying rent and will not be able to afford it next semester and would prefer that my guarantor was not involved.

Are there any other options I can explore?

Jeremy

Hi Armaghgeddon,

There are a number of ways to draft up joint tenancies, so this might, or might not, work for you...

You have jointly signed an agreement with your flat mate.  The landlord has offered YOU the opportunity to substitute yourself with someone else.  To make this legel the oney thing required is a piece of paper witnessing the hanover of YOUR contractual responsibilities to the new person.  Notice the complete lack of mention of your flat-mate in that.

In other words he / she has no choice.  Or rather, has the choice to leave as soon as contractually permitted if they don't get on with their new flat-mate.

So I think you have a bargaining position:
- Co-operate with you and you'll do your best to find someone they can get on with
- Frustrate your attempts and you'll find any one at all, giveing no care to the feeling of your flatmate.

Maybe this will get them out of a rather pathetic, selfish place.  It's all very well them becoming worried about who they will live with, but they can't force you to continue with something you can't afford.  They need to learn compromise.

Hope this helps you.  Let us know how things go.

Bibika

Hi Armaghgeddon,

Ah this sounds so bad...
It is true what Jeremy is saying here, there are ways to avoid your flat-mate's selfish attempt to force you to stay, even if you can not afford it. You can advice him that he will be better of if he actually helps you find a good replacement that will fit him as well as your need to leave. That way you both win... i love win-win situations...
You can check out some of those flatshare websites, where you can choose from a variety of people looking for a flat, so he/she can choose exactly the person he wants to live with. Involve him in the process and maybe it will work out for both of you.
One more thing, as soon as you talk him/her, outline what Jeremy  has written above - there are ways to avoid his opinion, needs, selfishness, so it is a lot better for both of you too cooperate. That way I think you will get what you need.