HMO owner insisted on painting- unwanted by occupant

[spacemaker]

Hi first thread so please be gentle.... I have a 'friend' who is living in a HMO, the landlady also lives at the property. The oh so nice landlady has allowed painters and decoraters into her room without her permission and got them to strip the pint and wall paper prior to redecorating, she had a spare key! My friend has asked her to stop them as she is going to move out soon anyway but the landlady lets them in when shes out at work so she cant stop them. Can anybody please tell me where my friend stands as far as stopping the landlady from doing it?......

[Matthew Moody]

Hi there

This is difficult as we don't know all sides of the story but at face value, this is against tenancy law.

If you have a tenancy agreement or even a licence agreement, then the landlord has to give notice to enter your room. They can enter communal areas if this is within the AST to pick up post, cleaning, maintenance etc but cannot enter your room.

If its got a lock on the door, its even worse!

I would advise your friend to let her landlady know that what she is doing is against her tenancy agremeent (am assuming she has one) and that she needs to give notice of her intention to redecorate. If she doesn't, then she will take the matter up with CAB or someone similar.

On the other hand, if she's leaving soon anyway; is it worth the hassle?

Matthew

[LettingaProperty]

Not sure I would want my Landlady snooping around my room uninvited!

As the Landlady lives in the property, the agreement between the both of you would be under licence which means a contract law agreement between two people and are recognised in Court. I would check the terms of your contract but still would of thought that the Quiet Enjoyment covenant would come into play?

[Bel]

It very much depends on the tenancy.

If the LL shares facilities with the T, the agreement will be a licence to occupy...and the LL has the right to occupy the bedroom as much as necessary ie to have it decorated. The T does not have exclusive possession. You may be entitled to ask for some compensation due to any restricted use and any damage to health(fumes ) and property.

If the LL does not share facilities then the T is in a much stronger position, as it will be a tenancy. SO you need to find out.