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sophie asks...
I rent a flat and the contract will end soon. On two occasions, the agent entered my flat without my permission: the first time, I knew some one got into my flat because they forgot to turn the light off; the second time, the agent tried to get in with keys when I was in. My question is, am I entitling for any compensation from landlord? If so, normally how much can I claim for and what is the procedure.
What we suggest...
Hi sophie, thanks for contacting q2a.
This must have been a very unpleasant if not frightening experience for you, especially if you live alone. In many cases people who rent are able to enjoy the occupancy of their home without being disturbed in this way but there are some exceptions. We don't know what kind of contract (or tenancy agreement) you have with your landlord, and the law on Housing can be complicated, so we're not able to give you a definite answer to your question. But we can tell you what should happen with the more common types of tenancy, and where you can go for more expert advice.
Apart from certain exceptions as we've just explained, under the law you are entitled to the 'quiet enjoyment' of your flat which is an implied term (i.e. not written) in most tenancy agreements. This means that the landlord or their agent shouldn't enter your flat without contacting you first. They are allowed to come in to your flat occasionally to inspect it for any repairs that they are obliged to carry out under the tenancy agreement. When they want to do this they should give you at least 24 hours notice that they want to come in, and they should arrange to come at a reasonable time of day i.e. not very early in the morning or very late at night. The only time they're allowed in without contacting you first is in an emergency e.g. you were out/away, there was a fire/gas leak and the landlord or their agent was contacted by the emergency services.
So if as you say, the agent has been in twice and they haven't contacted you beforehand, they may have broken the 'quiet enjoyment' term of the tenancy agreement and secondly they may be trespassing and you may be able to take legal action to prevent this. We can't find any mention of being able to claim compensation in relation to trespass so you would need to get expert advice about this (see below for where to go). However, compensation may be claimed as a result of harassment by a landlord. This is where there have been attempts by a landlord or their agent to illegally evict a tenant. So if you feel that what the agent is doing may be an attempt to get you out of the flat before the tenancy agreement expires you may have a claim for harassment and you may get compensation. Again you would need to get expert advice (see below) about whether you may have a claim for trespass and/or harassment.
What you can do yourself first before getting any legal advice is to write to the agent pointing out the law on 'access and quiet enjoyment' and ask them to give you 24 hours notice and arrange a reasonable time. Get proof of posting and keep a copy for yourself in case there are any more incidents. If a letter doesn't work you can get free and confidential advice about what you may be able to do next from any of the following organisations (we're not able to tell you where your nearest as London's a big place!):
- your local authority's (or London Borough's) Tenancy Relations Officer who can mediate between you and your landlord's agent - they're in the Phone Book under your Borough's listing or on their website
- a Law Centre - in the Yellow Pages or search for one at http://www.communitylegaladvice.org.uk/, telephone 0845 345 4 345, open Monday - Friday 9am - 6pm
- Citizens Advice, in the Phone Book or search at: http://www.citizensadvice.org.uk/
- Shelter's Housing Advice Helpline 0808 800 4444, open 8am-8pm 7days a week. Website: http://england.shelter.org.uk/
Once again we're sorry we can't be more definite in our reply but we hope that you find what we've said useful. Please email us again if you need to, about this or anything else.
Good luck and best wishes from q2a.
Expert advice and every precaution has been taken to ensure that the information on this page is trustworthy and reliable, but the publishers do not hold themselves responsible for any inaccuracy as information can go out of date very quickly. This page gives general guidance only and should not be treated as a complete and authoritative statement of the law. With regard to suggested weblinks given in this reply please note that Lancashire County Council is not responsible for the content of external internet sites.
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