Landlord has entered property without my consent

[essexlandlord]

Hi all

Following my familys fun with faulty macerators (please see previous threads) we have recently moved but are still paying rent on the smelly place and have a few items of furniture there and I still stop off there in the mornings as its on my way to work.

Ive just had an e-mail from the letting agent saying they visited the property today and they have given me a list of things to do to put the property right!

Ive got to be honest I feel a little bit harrassed.

I think I know the answer but should they just be popping in and out of the house whilst the tenancy is still active?

Many thanks

[fps]

have you surrendered the tenancy.

[essexlandlord]

I have paid until the 21/03/10 and have made it clear I am still in ocupation.

[tom999]

If you have you handed in the keys, removed most of your possessions and live somewhere else, one could argue that the tenancy has ended. Is this the case?

Has a check-in inventory been completed?

Is a check-out inventory planned?

[Preston]

If you have you handed in the keys, removed most of your possessions and live somewhere else, one could argue that the tenancy has ended. Is this the case?

Not if this is the case:

I have paid until the 21/03/10 and have made it clear I am still in ocupation.

[fps]

it would appear what the are doing is illegal. You my want to refer to the private tenancy team that covers your area. They are part of the Council. They have statutory powers to take action against lanords/managing agents.

[essexlandlord]

I still have the keys (this is how I manage to pop in for a cup of tea each day ;-)

There is no inventory so I have said that I do not want to attend the check out as there is nothing to compare it to.

[tom999]

In that case, the agent's may* have no right to enter the property until the tenancy has ended.

If no check-in inventory was completed, then the agent's would not be able to prove the condition of the property at tenancy start.


* For example, if the AST does not specify that the LL requires access (providing notice is given); the tenant has not given their consent; and the agent is acting unreasonably. See Lawcruncher's: A landlord's right of access.

[mjbfire]

Legally it sounds like you still have a tennacy and therefore what they doing could be illegal.

Why get the council involved, just give the landlord a agency a call and tell them not to come round till the 21st, or you go to the council.

I don't know why you are trying to pick a fight, do you owe rent or have done major damaged the P. I say major as they have not done an inventory any minor damage be differcult for them to claim.

Also the checkout is about doing the inventory, but also to formally hand over the P, and if you don't want to get charged another month I would attend.

[essexlandlord]

HI there

I have paid rent in full and on time. There is no damage to the property (what excactly do you think I am!).

The things I was asked to do that I thought were unreasonable were.

1) Clean the black mould from window frames (private sector housing report puts this down to problems with guettering and holes in the window frames).

2) removed plaster and other materials left by builders.

I made sure these were done before I handed the keys back. If nothing else I want to be able to take the moral high ground out of this horrible stressfull 7 months