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View Full Version : Unauthorised entry by L, and TDS problems too



mark7uk
08-04-2008, 09:24 AM
Hi All,

Please could you give me some advice on my situation.

Our 6 month AST ends this month but we have had a few issues with the landlord.

The landlord has been selling the property so we have had numerous viewings throughout the past 4 months (eventually we said Mondays only, after reading posts on this forum). This week they requested that we allow a surveyor to visit the property. We said yes, but only when we were present, offered a time but they did not show. They then requested an 'inspection', we agreed (as we haven’t had one yet) but said ONLY the landlord could visit and specifically said no surveyors estate agents etc. However after setting up a hidden camera we have footage of a surveyor doing his measuring etc..

Where do we stand with this? Bearing in mind we leave this month, can we request a refund of rent etc? File a complaint with the police?

Secondly the deposits are not in a protection scheme. The tenancy contract was recreated after April 2007 and one new tenant gave a new deposit, and one old tenant already had a deposit with the landlord from the previous contract. Is this grounds for an immediate refund of deposits? I don't fully understand the 3x rule, after reading the forums.

It's a shame it turned into this as we had a good realtionship.

Thanks in advance,

Mark

Paul_f
09-04-2008, 14:47 PM
Hi All,

Please could you give me some advice on my situation.

Our 6 month AST ends this month but we have had a few issues with the landlord.

The landlord has been selling the property so we have had numerous viewings throughout the past 4 months (eventually we said Mondays only, after reading posts on this forum). This week they requested that we allow a surveyor to visit the property. We said yes, but only when we were present, offered a time but they did not show. They then requested an 'inspection', we agreed (as we haven’t had one yet) but said ONLY the landlord could visit and specifically said no surveyors estate agents etc. However after setting up a hidden camera we have footage of a surveyor doing his measuring etc..

Where do we stand with this? Bearing in mind we leave this month, can we request a refund of rent etc? File a complaint with the police? Landlord has an implied right of entry only to inspect for state of repair, but MUST give 24 hours WRITTEN NOTICE if you require it. As it's a civil matter the police won't get involved. You will have to instigate civil proceedings for any redress/damages

Secondly the deposits are not in a protection scheme. The tenancy contract was recreated after April 2007 and one new tenant gave a new deposit, and one old tenant already had a deposit with the landlord from the previous contract. Is this grounds for an immediate refund of deposits? I don't fully understand the 3x rule, after reading the forums. Statutory right to take landlord to court for non-compliance with TDS where you are bound to be awarded 3x deposit as compensation.

It's a shame it turned into this as we had a good relationship.

Thanks in advance,

MarkWith your tenancy coming to an end this month you will have to move fast with regard to any court action but of course financially it could be worth the hassle

Planner
09-04-2008, 15:53 PM
With your tenancy coming to an end this month you will have to move fast with regard to any court action but of course financially it could be worth the hassle

You can take court action after you have left for non-complaince.