House rented, legal advice please
#31
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Nicci, I think the line you should take with the letting agent is that it is very discourtious for them to enter without giving you notice. It only takes one phonecall, it's not a major incovenience for them to do that so ask them to agree that they will always call you in future.
If you fulfill all the conditions of the rental agreement (assume you have a Assured Shorthold Tenancy Agreement ??) then they cannot get you out before the end of the tenancy period. Should the nightmare situation occur where you arrive home to find your belongings on the pavement and the locks changed, you can sue them for compensation and the amounts would be huge. In fact I hope that sometime somebody is stupid enough to evict me illegally as the compensation can run to the value of the property !!!
If you fulfill all the conditions of the rental agreement (assume you have a Assured Shorthold Tenancy Agreement ??) then they cannot get you out before the end of the tenancy period. Should the nightmare situation occur where you arrive home to find your belongings on the pavement and the locks changed, you can sue them for compensation and the amounts would be huge. In fact I hope that sometime somebody is stupid enough to evict me illegally as the compensation can run to the value of the property !!!
#32
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Originally Posted by KiwiGTI
But as the tenant has had personal effects left out and has obvously suffered some kind of emotional trauma, stress or embarassment as a result of the illegal entrance of the tradesman, she has been a victim of Nuisance which is a criminal offence.
#33
Originally Posted by Nicci
They are one of the biggest rental agencies in Northampton.
(reworded)
(reworded)
All they needed to do was to notify you, via a simple phone call, advance email anything. I do this all the time for my properties.
And its bang out of order for them to use your baking trays.....
imi
#34
Originally Posted by Nicci
Lum,
I did not report the tiling as a fault.
I am not phoning the guy back as he was so incredibly rude and I don't want to get upset. If speaking calmly to him earlier did not work, then nothing will.
.
I did not report the tiling as a fault.
I am not phoning the guy back as he was so incredibly rude and I don't want to get upset. If speaking calmly to him earlier did not work, then nothing will.
.
#35
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I will write to the M.D. (getting my ideas together at the mo).
Surprisingly I have not had a apology from anyone.
I still do not intend on speaking to rude Darren as I do not want to listen to him trying to bully me again.
Surprisingly I have not had a apology from anyone.
I still do not intend on speaking to rude Darren as I do not want to listen to him trying to bully me again.
#36
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Nicci, one other thing. When you write to the MD, insist that you will only deal with him personally from now on as you have found his staff to be too rude, unprofessional and incompetent.
He will then promptly give Darren a rocket for increasing his workload.
He will then promptly give Darren a rocket for increasing his workload.
#37
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Sent my letter off, basically moaning about Darren and to say that nobody has yet said sorry.
I got a reply from Darren to tell me he is the managing director. He complained about the fax I sent him again and did not address my complaints in the letter.
He closed the letter with 'I have no intention or desire to become involved in protracted correspondence over the matter but will reiterate the contents of my conversation with you in so far that should you feel the need to correspond with us in a similar way to that contained in your fax of 26th October, then you should make arrangements to vacate the premises on 29th March which is the end of your tennancy.' (you can take a breath now)
So he is still making threats but not 2 months notice ones.
He has still not said sorry.
My dad really wants to have words with him.
Am I going to have to drop this?
I got a reply from Darren to tell me he is the managing director. He complained about the fax I sent him again and did not address my complaints in the letter.
He closed the letter with 'I have no intention or desire to become involved in protracted correspondence over the matter but will reiterate the contents of my conversation with you in so far that should you feel the need to correspond with us in a similar way to that contained in your fax of 26th October, then you should make arrangements to vacate the premises on 29th March which is the end of your tennancy.' (you can take a breath now)
So he is still making threats but not 2 months notice ones.
He has still not said sorry.
My dad really wants to have words with him.
Am I going to have to drop this?
#38
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Yes. I stand by my opinion stated earlier that they should have notified you before commencing work. However, the MD was probably thinking he was doing you a favour by getting the work done ASAP and thet you'd be happy that it was getting done in good time. He seems irked that you replied in the fashion you did, I think I would be too TBH. I'm not sure it was a criminal offence?
In any case let it be and make plans to move to another location when the tenancy runs out if you feel so strongly. I should think he'd notify you in advance from now on, but I do not see that in his correspondence. Getting daddy involved will indeed make matters worse and what's to be gained as nothing really bad has happened IMHO.
In any case let it be and make plans to move to another location when the tenancy runs out if you feel so strongly. I should think he'd notify you in advance from now on, but I do not see that in his correspondence. Getting daddy involved will indeed make matters worse and what's to be gained as nothing really bad has happened IMHO.
#40
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Bluudy Hell..... makes me a landlord that everyone would want!!
My tennant rang last week to say she can't sleep very well on the bed she has.. (Fully Furnished flat) so i swapped it within the week to a £500 FUTON SHOP sofa bed!! (pooled it from another flat tho.. so didn't cost much!... it was brand new and never slept on!)
Nicci
fancy moving to Nottm?
are you on a OYEZ short hold Tenancy Agreement?
in that it will say whats the Tenant agrees with the Landlord and ALSO what the Landlord argees with the Tenant.
I have tenants that say they have never seen a proper Tenancy Agreement before from previous landlords!!!! god only knows what ppl sign!
Phil
My tennant rang last week to say she can't sleep very well on the bed she has.. (Fully Furnished flat) so i swapped it within the week to a £500 FUTON SHOP sofa bed!! (pooled it from another flat tho.. so didn't cost much!... it was brand new and never slept on!)
Nicci
fancy moving to Nottm?
are you on a OYEZ short hold Tenancy Agreement?
in that it will say whats the Tenant agrees with the Landlord and ALSO what the Landlord argees with the Tenant.
I have tenants that say they have never seen a proper Tenancy Agreement before from previous landlords!!!! god only knows what ppl sign!
Phil
#41
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Just imo...
If you have written to him in a nice manner, then after all this time, if he still so p*ssed off with you, you are going to have problems in the future.
I would recommend taking legal advice. Proper legal adivce, Citixens Advice Bureau and get some free time with solicitors.
I would do the following:
a) save all correspondance
b) state that you actuall feel threatened living in the house in the current situation. You have no idea who will and enter and when
c) move out asap. Note, under standard assured shorthold tenancy agreements, it is you who cam move out with only one months notice. It is they who must give 2 months notice, and also cannot throw you out in the first 6 months.
d) Seriously condier sueing for your moving costs, hassle, stress etc. Courts are on tenants side.
The more evidence you can get, preferrably in writing, like you currently have - the better.
You need proper advice. If they push you out of your HOME...and it is your home, through mal treatment, you can take them for serious cash. Entering properties with no notice, and then treating you like that may well start to move towards forcing you out. Evidence is the key, and so is legal advice.
Good luck
If you have written to him in a nice manner, then after all this time, if he still so p*ssed off with you, you are going to have problems in the future.
I would recommend taking legal advice. Proper legal adivce, Citixens Advice Bureau and get some free time with solicitors.
I would do the following:
a) save all correspondance
b) state that you actuall feel threatened living in the house in the current situation. You have no idea who will and enter and when
c) move out asap. Note, under standard assured shorthold tenancy agreements, it is you who cam move out with only one months notice. It is they who must give 2 months notice, and also cannot throw you out in the first 6 months.
d) Seriously condier sueing for your moving costs, hassle, stress etc. Courts are on tenants side.
The more evidence you can get, preferrably in writing, like you currently have - the better.
You need proper advice. If they push you out of your HOME...and it is your home, through mal treatment, you can take them for serious cash. Entering properties with no notice, and then treating you like that may well start to move towards forcing you out. Evidence is the key, and so is legal advice.
Good luck
#42
I'd go and give the guy a smack...but that's me
Your only recourse is to contact the Landlord and complain about the agent that they are employing.
Or
Go and give him a smack
Your only recourse is to contact the Landlord and complain about the agent that they are employing.
Or
Go and give him a smack
#44
Contact ARLA as well with a covering letter explaining how this man dealt with you. Entering the property like that is a BIG NO NO.
http://www.arla.co.uk/
from their website
What About Rights Of Access To The Property, What Are The Rules?
A landlord, or his agent, or someone authorised to act on his behalf has a right to view the property to assess its condition and to carry out necessary repairs or maintenance at reasonable times of the day. The law says that a landlord or agent must give a tenant at least 24 hours prior notice in writing (except in an emergency) of such a visit. Naturally, if the tenant agrees, on specific or odd occasions to allow access without the 24 hours prior written notice, that is acceptable. [A clause in the tenancy agreement which tries to diminish or over-ride a tenant’s rights in this respect would be void and unenforceable.]
If I was you I'd be getting my solicitor to send them a letter right now.
http://www.arla.co.uk/
from their website
What About Rights Of Access To The Property, What Are The Rules?
A landlord, or his agent, or someone authorised to act on his behalf has a right to view the property to assess its condition and to carry out necessary repairs or maintenance at reasonable times of the day. The law says that a landlord or agent must give a tenant at least 24 hours prior notice in writing (except in an emergency) of such a visit. Naturally, if the tenant agrees, on specific or odd occasions to allow access without the 24 hours prior written notice, that is acceptable. [A clause in the tenancy agreement which tries to diminish or over-ride a tenant’s rights in this respect would be void and unenforceable.]
If I was you I'd be getting my solicitor to send them a letter right now.
#45
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Thread Starter
I won't say what I would like done with that man.
Thanks for the suggestions Lum
Matt, I won't contact the Chronicle as that could make matters even worse.
I am still wondering if they will do the repairs that really need doing.
Those of you that know me understand I am the complete opposite of a troublemaker, so to experience this situation is insane.
Thanks for the suggestions Lum
Matt, I won't contact the Chronicle as that could make matters even worse.
I am still wondering if they will do the repairs that really need doing.
Those of you that know me understand I am the complete opposite of a troublemaker, so to experience this situation is insane.
#46
Originally Posted by Nicci
I won't say what I would like done with that man.
Thanks for the suggestions Lum
Matt, I won't contact the Chronicle as that could make matters even worse.
I am still wondering if they will do the repairs that really need doing.
Those of you that know me understand I am the complete opposite of a troublemaker, so to experience this situation is insane.
Thanks for the suggestions Lum
Matt, I won't contact the Chronicle as that could make matters even worse.
I am still wondering if they will do the repairs that really need doing.
Those of you that know me understand I am the complete opposite of a troublemaker, so to experience this situation is insane.
#48
Originally Posted by Nicci
They still have 6 weeks deposit from me though.
I have just written to ARLA, so watch this space.
I have just written to ARLA, so watch this space.
Click here if you would like to send your enquiry to all the listed ARLA agents.
Or click on an individual agent's email address if you prefer.
Or click on an individual agent's email address if you prefer.
Name:Ashby Lowery ResidentialLocation:Northampton, NorthamptonshireTelephone:01604 603333E-Mail:management@ashby-lowery.co.ukWeb Site:www.ashby-lowery.co.ukDescription:Full property management, estate agency, buy to let, auction, block management, financial services and linked commercial division.
#49
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A good tip for people moving into a new rented house is to change the locks on the doors when you move in. If the agents say anything, tell them you have changed them because your insurance company needs you to have BS marked locks ( which is true of all of them ) and that you have kept the original locks and will refit them before you move out, thus leaving the house in the same condition it was when you moved in.
This way you know nobody can just let themselves in when you arent there.
I rented a flat years ago, and the landlord was a right fussy git and used to turn up all the time to make impromptu inspections ( used to turn up when I was at work and leave notes in the flat saying things like 'floor needs hoovering; ! ) - he told me he had once called round one of his flats, knocked the door and got no answer, so decided to let himself in only to be confronted with the male tenant coming out of the bedroom with a sheet around himself and an embarressed look. Turns out he hadnt answered the door because he was on the job with his girlfriend.
All very amusing you might think, but imagine how you'd feel if you were having sex in the bedroom and found out someone was standing in the next room listening to you ? ( luckily the tenant in this case heard the landlord opening the door, but if he had had the stereo on or something could well not have ).
This way you know nobody can just let themselves in when you arent there.
I rented a flat years ago, and the landlord was a right fussy git and used to turn up all the time to make impromptu inspections ( used to turn up when I was at work and leave notes in the flat saying things like 'floor needs hoovering; ! ) - he told me he had once called round one of his flats, knocked the door and got no answer, so decided to let himself in only to be confronted with the male tenant coming out of the bedroom with a sheet around himself and an embarressed look. Turns out he hadnt answered the door because he was on the job with his girlfriend.
All very amusing you might think, but imagine how you'd feel if you were having sex in the bedroom and found out someone was standing in the next room listening to you ? ( luckily the tenant in this case heard the landlord opening the door, but if he had had the stereo on or something could well not have ).
#50
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Nicci its normally at least 24 hours notice to enter a property and even then its only with your permission. I am not 100% sure but I think it has to be written notice aswell?
hope you get things sorted!
BTW slightly off topic have added you to my msn
Tams
hope you get things sorted!
BTW slightly off topic have added you to my msn
Tams
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