Quiet Enjoyment definitions

[icrecruitment@yahoo.co.uk]

Hi
Im a bit new to the rental housing market and would like to know the following in particular:

Which statutory act contains the exact definition and clauses of 'quiet enjoyment'.
Is there exact clauses as to what can breach this if need be. I mean is it upto a county judge after a contested breach has been brought before them.
How much discretion is exercised, and whats the likelihood of gaining legal aid.

Could the landlord claim to suspect you of criminal or even terrorist activities to speed up any evictions. How are they dealt with differently to lets say noise complaints. Hopefully the police will just have u under surveillance rather then use this to spped up eviction, because suspicions have many motives.

For that is a discretion that few and far land lords may exercise.
Also include weblinks which would help me understand the exact clauses etc...

Furthermore, What could I possibly do if a landlord wants to be a bastard and use discretion to make my life hell.
ie. entering rooms when he/she feels like, and claiming that I have breached tenancy agreements to intitate me to be evicted or otherwise.
ie. such as a hole in the wall thats was there before, but not included in any inventory.
(I mean even a small one)

I know it may seem like paranioa, but the landlord may have motives to do so.

[Dan]

Is this our first posting from a self-confessed Terrorist on the forum?

[icrecruitment@yahoo.co.uk]

What statutory legislation is 'quiet enjoyment' detailed under and what can I do about spiteful landlords who have incentive to evict me as soon as entering a premisis.

Cheers.

[Paul_f]

Your rights are contained within the Housing Act 1988 mainly, and the 1996 Act as amended.

You are entitled to possession of the property without disturbance from anyone. Your landlord can only enter with your express permission and he has to give you at least 24 hours notice in writing, and even then you can still refuse. If you really want to know more go to www.odpm.gov.uk/housing and you can read all about what you ever wanted to know. Mind you if you had a proper look at the home page of this site you could have found this out for yourself!

Moral. Don' ask rambling questions. keep 'em short and sweet.

[missel]

Hi Paul

I guess is different when you give an AST in a houseshare..
The landlord can enter the property but only in the communal areas, like corridor/bathroom/lounge ? is it . That clause is at times misinterpreted by many

Thanx

[icrecruitment@yahoo.co.uk]

If the landlord wanted you out, could they be spiteful in claiming suspicion that you are undertaking illegal activities or are a terrorist.

What other things can they do to speed up any evictions which they are entiled to via county court.

[Paul_f]

:( A landlord can only use lawful procedures through the courts to evict a tenant.

I'm not sure why you are asking such questions because I fear you may follow it up with another one!

Can we get them all out of the way at one go so we can move on!

Missel. A landlord has no right to enter a shared house even if the tenants have individual AST's as collectively they have exclusive possession. What you're thinking about is communal areas and these are only where the general public or maintenance staff would have access without being able to go into separately contained residential units. A shared house is definitely not this!

[icrecruitment@yahoo.co.uk]

Ok,

What Im tryin to say is that do all methods of eviction by the landlord involve the same procedures, regardless of if its rent arrears or some discretionary thing.

How about If they claim that they want to evict you on the basis that your undertaking illegal activities ie. drug dealing, or worse that your actually a terrrorist.

Are there differing procedures and time notices needed for such claims.
Im especially asking about terrorist allegations steming from the landlord or other suspicion, with all the fuss going on in the UK.
It maybe under emergency powers, without consultation , and get this WITHOUT SUFFICIENT GROUNDS OF SUSPICION.
ie. a spiteful landlord could wrongly claim to suspect you of terrorist activities in order to speed up eviction or hassle you into moving elsewhere, without the tenant proving the real intentions.

What is the tenants rights regarding this, other then claiming that its a breach of human rights (which the law lords will have claimed to have considered when passing anti terrorism legislation sanctioning such powers).

Sorry if this message seems a little long, but I had to clarify my question, and hope that such a question has not been repeated elsewhere.
Even if such a situation is improbable.

[Jennifer_M]

Are you a terrorist ? Do you deal drugs ??

IF a LL was to use that kind of arguments, the police would have to be involved and would have to find some kind of evidence that the allegations could be true.
They would'nt just say "Ok, your LL said you're a terrorist, go to jail now, give us your house keys" !

Unless the secret services get involved and send you to Syria for torture sessions - if anyone watched Channel 4 on Tuesday night.

[icrecruitment@yahoo.co.uk]

Ok my query may be improbable as stated.

What im tryin to say is that a landlord want you out or want to make your life hell.
They think hmmmm....
he pays his rent - so i cant use that as a reason to initiate eviction
he is generally within the rules of tidyness, keeping noise pollution low - so I cant use that either.

Then he has a bright idea- I will claim to be suspicious about him carrying out criminal activities or even terrorist activities.
So in fact the land lord is falsely looking to get you evicted and the speedier the better.
We all know how much power is vested in anti terror legislation, and how little evidence is needed or shown to be needed to enact the powers.
Its just a matter of time before a spiteful (and other words) landlord tries using this as an excuse.
It probabaly hasnt been discussed in this forum and requires an answer, if only for a possible scenario.

you may have read the nature of my query wrong, it wasnt meant to go on a tangent about extraditions and torture, outside the remit of this forum here.

[Andy Parker]

You have highlighted a weakness in the anti-terror laws.I believe there was similar misinformation fed to the Nazi authorities to get people locked up in Germany in the 1930s and war years.Seriously I think you are in the realms of fantasy - it is a criminal offence to make false allegations of the sort you mention.Most LLs are prepared to wait 6 months to get their property back.

[icrecruitment@yahoo.co.uk]

Has anyone been wrongfully evicted along these lines.

Especially the drug dealing one, as the terrorist claims may not have caught on yet.

Please share your experiences.

[Andy Parker]

Quite the reverse - it is notoriously difficult to get drug dealers evicted.I think the only way of being wrongly evicted by the sort of allegation you mention is to be wrongly charged and remanded by the police or to be wrongly convicted.