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Renting and rights

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  • Renting and rights

    Hi

    I have just started renting a property (through an agency) and have discovered the landlord lives above me, anyway have a couple of questions about my legal rights-

    When I moved in, the property was in a poor state of repair, dirty and damaged. I requested that the landlord undertake internal repair on the walls- tiling, plastering etc. and requested for him to improve the decoration at my own expense, painting the walls and replacing the lino, he agreed.

    Firstly - my landlord has been entering my property of his own accord, with little or no notice. Can he legally do this?? There is an amendment on my contract below a part which states he must give 24 hours notice that says ' to provide access to landlord and his workmen at all reasonable times and to decorate and repair'.
    He entered with a builder in order to get a quote...

    Legally should he always have to give me notice and if so how much? The agency did not tell me until after he had been.

    Finally he took a dislike to the colour I have decorated part of the inside of the property (to ice blue) and he said to change it. Part of my contract states not to decorate or make any alteration or addition to the property. Although the landlord agreed to a written request to repaint, i did state that i would do so in a neutral colour, apparently the blue is not neutral enough. Am I correct in thinking that if I paint it a different colour it doesn't matter so long as it's painted back before I leave?

    cheers

    Amanda

  • #2
    Your landlord does have a legal right to enter your propery...but he MUST give notice as stated in your contract. A minimum of 24 hours is required and in writing...so he should not be entering your property without your knowledge.

    I cannot see a problem with you re-painting the walls a neutral colour before you leave the property, but the landlord may dig his heals in with this especially if he gets a ticking off for not giving you proper notice!

    If you property is managed by an agent, then you need to discuss this with them, as they should be advising the landlord of your rights as a paying tenant...
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    • #3
      Re: Renting and rights

      The process is as follows :

      The contract

      Read the small print carefully, because the act of signing it means that you have understood it and accepted the terms. Do not move into a place without signing a contract first, the document will give you legal protection. Ask for an inventory, and check every item on it as soon as you move in.
      The landlord cannot:
      • Turn up uninvited and let themself in. Reasonable notice is required;
      • Neglect the place you rent'
      • Shut down utility supplies like gas, water or electricity;
      • Allow other tenants to threaten you;
      • Prevent your friends from visiting.

      Eviction

      The landlord must give you a proper notice period or get a court order if he or she wants you to move out.
      Mandatory eviction
      You can be asked to leave if:
      • The owner of the house wishes to come back and live in the property;
      • The owner has gone bankrupt and the house is being repossessed;
      • You are more than two months in arrears with your rent;
      • You refuse or delay vital maintenance work to the building;

      Discretionary eviction
      A landlord can ask the court to decide if eviction is necessary if:
      • You've broken the terms of your contract, i.e. trashed the place;
      • You're always late in paying the rent;
      • You lied about yourself to get the place.

      Harassment

      If the landlord wants you to leave:
      • It is illegal for them to use violence or threaten to use violence;
      • They cannot offer you money to vacate the premises;
      • They are also not allowed to harass you to make you leave e.g. changing the locks, shouting abuse, playing loud music etc.

      Your rights as a lodger

      When you live in the same accomodation as your landlord, be it private or a B&B, your rights are often greatly reduced. They generally depend upon what you have agreed with your landlord. When living as a lodger you do not need to have a written agreement for the terms of your stay at the property, however it is probably wise to protect you from misunderstandings in the future. This agreement should include:
      • How much rent you need to pay and when you should pay it;
      • How much notice you will be given if the rent is to be increased;
      • How much notive you have to give before moving out;
      • What services are provided and which you have to pay for, for example meals and laundry;
      • Can you have guests in your room and are their restricitons on how long they can stay?;
      • Is your room exclusively yours and can you lock it?;
      • Do you have to pay a deposit for the room? Is it returnable on terminating your stay?

      Comment


      • #4
        Re: Renting and rights

        I agree with the above comments, he must give notice before entering the property and i bet if the property was somewhere else rather than downstairs he probably would have but because of ease of access this is why he has took liberties and thats not legal if you have signed a contract.. i dont see any big deal with the blue paint as long as you re-paint before you move out....
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        • #5
          Re: Renting and rights

          I've heard plenty of cases of landlords entering without giving notice. I've also found evidence of that happening in my current place as well. Its pretty sad but I actually think there's nothing you can do about it, despite it being legally "inappropriate".

          Comment


          • #6
            Re: Renting and rights

            Hi,
            Its your legal right to ask the landlord to fix the issues in your portion for which you are paying.

            You can lock your portion anytime you want and can not let landlord enter the privacy area.

            If you break anything its your obligation to fix it not landlords.

            Hope it helps,

            Regards,
            Jhonny

            Comment


            • #7
              Re: Renting and rights

              regarding with your landlord entering she/he needs to tell you this before she enter and with the paint you need to ask her approval before doing that.

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