Tenants' Clinic: - can a Landlord just walk into your home

My Landlord used the spare key to enter my home when I was out

Judicial Cat is often asked whether or not a Landlord can just walk into a Tenant's home. Assuming that you are a Tenant with exclusive possession the "simple" answer is no. Indeed should a Landlord do this then it is likely to be trespass and a breach of the covenant of "quiet enjoyment".

The Tenancy Agreement states the Landlord can "inspect" on 24 hours written notice

This is a "favourite" clause relied on by Landlords and Agents. Many (in error) believe that they just need to serve a written notice at least 24 hours beforehand and then they can "walk in". Whilst there is a contractual provision the fact remains that, if you do not agree, the only thing the Landlord/Agent can do is seek to obtain a Court Order. Obviously if there is a genuine emergency threatening someone's life or "health and safety" then the Landlord/Agent my have a legal duty to enter the property to remedy any problem; however, it is for the Landlord/Agent to prove such grounds exist. In summary (for most cases) a Landlord/Agent needs a prior (agreed) appointment to visit for "inspection" purposes.

Quiet Enjoyment?

This is a legal term (a covenant) that is usually a clause in every Tenancy Agreement. If it is not then it will be implied (in other words assumed). Put simply this means you are allowed to live in the rented property without interruption from the Landlord and/or the Landlord's Agents. A Landlord who just lets themselves into the property without the Tenant's permission would usually be in breach of this covenant.

What can I do if the Landlord does just "come in"

You should write to the Landlord warning that any repeat incident will lead to you reporting the matter to the Tenancy Relations office of your Local Council. Also you could issue proceedings in the County Court for damages in respect of trespass, harassment, and breach of "quiet enjoyment".

Remember it is "your home"

Ultimately a Landlord needs to remember that the property is, for the duration of the tenancy, the Tenant's home! The Tenant has legal rights and exclusive possession. Landlords should be cautious before ever entering a rented premises unless they have prior agreement from their Tenant. Mistakes, as ever, usually prove costly!

Tenants' Clinic: - getting that deposit back

Tenants need to be pro-active in getting back their deposits

Last week in Tenants' Clinic we looked at the issue of protecting deposits and what can be done if the Landlord fails to comply with the law in this regard. 

http://judicialcat.blogspot.co.uk/2012/05/tenants-clinic-protecting-tenancy.html

Another issue faced by Tenants is a failure by Landlords and Agents to return deposits in a timely fashion and/or "unreasonable" deductions.

The inventory is all important

On the day of move in the inventory is the most important document in relation to the deposit. This document forms the basis of the agreed condition of the property in so far as the Landlord and Tenant are concerned. When checking in it is vital that the Tenant inspects the condition of the property, the fixtures and fittings, with the Landlord/Agent and notes any discrepancies there and then. Some Landlords/Agents like to leave an inventory with a Tenant and ask that they report any issues within seven days; otherwise the Tenant is deemed to have accepted what is on the inventory. Judicial Cat does not recommend this. There can be many disagreements if problems are not identified on the day that the Tenancy commences. These days almost everyone has a camera and/or video camera on their mobile phones. USE THEM to take a visual record of the property condition. Your Landlord almost certainly will!

During the tenancy

A Tenant needs to report any issues in a timely fashion. In furnished properties lots of things are the Landlord's responsibility; however, a Tenant needs to conduct their part of the agreement in a "tenant like fashion". This means reporting items needing repair, looking after items as if they were your own, and not allowing the property to fall into disrepair or otherwise neglect your duty to look after the property and the items inside.

Checking out

This is absolutely important. YOU MUST BE PRESENT AT THE CHECK OUT and Judicial Cat cannot stress this enough! Do not allow your Landlord/Agent to conduct the check out without you being there. Again the point of this is to ensure both parties reach an agreement about the condition of the property and there is then no room for "sharp practice" (by either party) if the checkout is done with just the Landlord present. Sign off on the inventory and insist on retaining a copy. Again taking photographs/video is a good idea at this point.

You've left the property but the Landlord/Agent is "dithering" and/or claiming for unreasonable deductions

If you've followed the advice about being present at the check out then there should be no room for much dispute. There could be an argument over specific costings for expenditure; e.g. cleaning, replacing missing items etc. In this event simply insist on receipts and if the costings seem "high" then obtain a few quotes and raise this with the Landlord.

As for "dithering" this does happen (an awful lot). Within ten days of check out the Landlord/Agent should write to you confirming how much of the deposit will be returned. If this does not happen then write to the Landlord/Agent by recorded delivery giving a final seven days to comply. If there is still no response then you either file a dispute with the relevant deposit protection scheme (this is free and the details are in the Prescribed Information) or you can commence proceedings in the County Court.

Disputes about deductions

Firstly let me make clear, that despite wording in Tenancy Agreements to the contrary, Landlords are NOT entitled to make deductions for unpaid utility bills, council tax,and  television licence UNLESS your Landlord was the contracting party for those services (in other words the bills are in the Landlord's name, which is unusual).

A Landlord has no personal liability for the unpaid bills of the Tenant. Therefore the Landlord has suffered no loss and is thus not entitled to be "compensated" for the unpaid bills. It is a matter for the relevant service provider to pursue with the Tenant.

Any other deductions should be disputed in writing. In the event of no reply or an unsatisfactory reply then file a dispute with the relevant deposit protection scheme or issue proceedings in the County Court.

COMING SOON: - can a Landlord just walk into a Tenant's home?